TINJAUAN YURIDIDS TERHADAP PERLINDUNGAN PEMBELI TANHA YANG DILAKUKAN DENGAN AKTA BAWAH TANGAN

Abstract

Soil is a natural resource plays an important role in human life. Land is also referred to us Indonesia’s wealth which has a very important function for the Indonesian people which can increase the prosperity, happiness and welfare of the people. So that land is also regulated the existing laws regulations in Indonesia. Problem Formulation 1) what factors cause buying and selling land using a deed under the hand? (2) how is the protection for the buyer and seller in the sale and purchase of land which is carried out with a private deed? (3) what are the legal consequences of the transfer of rights to ownership through a private deed? Normative juridical research type. The result of the study: (1) the buying and selling factor of land under the hands is because people do not understand and don’t know to buy and sell in the applicable legal provisions. (2) protection for sellers is to previously order buyer to make payment for the object that was agreed upon with the specified time limit and is also equipped with cancellation conditions. Protection for the buyer is to conduct a preliminary examination of the existence of proof of ownership of rights to land or buildings whether it is free from all kinds of calms or others. Or confiscated, the responsibility lies with the seller. (3) on the legal consequences for the buyer against what is done with a private deed, if there is dispute between sellers and the buyers, the private deed can still be challenged and to obtain perfect evidentiary power if it is recognized by both parties, or further corroborated by other evidence.