PERLINDUNGAN HUKUM BAGI PEMBELI DALAM PERJANJIAN JUAL BELI DI BAWAH TANGAN TERHADAP KEPEMILIKAN HAK ATAS TANAH DI KABUPATEN SIAK

Abstract

The transfer of land ownership is achieved by signing a deed prepared by the Authorized Land Deed Officer (PPAT) and the change of owner’s name must then be recorded as a valid proof of ownership. However, some people of Siak residents, specifically those who live in Buantan Lestari Village, Bunga Raya District; Rawang Kao Barat Village, Lubuk Dalam District; and Simpang Perak Jaya Village and Seminai Village, Kerinci Kanan District are currently still buying and selling land ownership through unnotarized deed of sale, which put the buyer at a disadvantage. The formulation of the problem is (1) What shall be the effect of the law for a buyer who implements a private deed against the ownership of a land right?, (2) How shall legal protection be for a buyer who implements a private deed against the ownership of a land right in Siak Regency?. These types of research are sociological juridical, primary and secondary data sources, interview data collection techniques and document studies, qualitative data analysis. Based on the analysis and data discussion, the author concludes that this transaction is not in accordance with Government Regulation Number 24 of 1997 on Land Registration. Should there be a dispute over the land ownership attained through the private deed, there need be a legal protection afforded to the buyer, where the deed could still be used as a evidence despite of its weak legal standing.