E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 4, 2024

The Position of Land Ownership Right Base in Making Deed of Sale and Purchase before Land Titles Registrar



Author(s): Ikhwanul Ambia, M Jafar, Suhaimi

Abstract:

This research aims to discuss the strength of the proof of basic land ownership documents (base of rights) in the process of making a sale and purchase deed (AJB) by the Land Deed Making Officer (PPAT). PPAT is a public official who has the authority to make authentic deeds regarding certain legal actions regarding land rights or ownership rights to apartment units. This is important, because in the event that a plot of land does not have documents that can be used as a basis for rights regarding ownership of land rights, then the only basis for rights that is used in practice is a statement of physical control over a plot of land, known as sporadic. So that in the process of buying and selling land, the seller as the land owner only uses sporadic forms of rights as proof of ownership. On this sporadic basis, finally PPAT made AJB in the land buying and selling process. This has caused many cases of land disputes to emerge due to the PPAT's carelessness in examining the basis for ownership rights to land which is used as the basis for making sale and purchase deeds. So it would be interesting to research the strength of the evidentiary basis for land rights in making a sale and purchase deed before the PPAT. As an example of a case caused by PPAT's carelessness in making a sale and purchase deed contained in the Banda Aceh District Court Decision Number 37/Pdt.G/2023/PN-Bna.


Keywords: Base of Rights, Land Ownership, Sale and Purchase Deed

Pages: 368-377

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