Abstract

The auction is a public sale by finding the highest price, the auction may be movable items or goods not moving. Determined the winning bidder after the auction officials published a treatise auction that has the strength of evidence is perfect as an authentic deed. In the auction of immovable goods, such as land, the minutes of the auction as proof of deed used for basic transition is done at the land department and spatial / National Land Agency. Related to agricultural land auction participants except there is no restriction in Article 77 point (1) of the Regulation of the Minister of Finance Regulation Number 27 / PMK.06 / 2016 the official auction, husband or wife of the auction officials, officials from the seller, auction guide, judges, prosecutors, clerks, Interpreters confiscation, lawyer / Advocate, Notary, official land deed, appraisers, inspectors DJKN, auction hall employees, and there are opportunities outside the auction winner who makes the land area of the object object absentee land. Ownership of absentee land is prohibited by law because it does not comply with land reform in Indonesia is feared the land is not worked actively, therefore, must be transferred not later than 6 months after the issuance of the certificate to others that one domicile to the object land or or move one subdistrict area with the land object. In Article 3d Government Regulation number 41 of 1964 that the prohibition of transfer of land into an object mengabitkan absentee land. Legal protection The auction winner is causing land object into absente stated in a circular letter of the Supreme Court in 2016 for number 4 in the realm of good faith purchaser.

Highlights

  • In the agrarian law to know understanding absentee land, the ownership of farmland outside the area subdistrict owner's residence is prohibited by the state, described in Article 7 paragraph (1) a and b Regulation of the Minister of Agrarian and Spatial Planning / Head of National Land Agency No 18 2016 on the Control of agricultural land Tenure stating farm owner who resides outside the sub-district where the land lies, within a period of 6 months must transfer their land rights to others in the district where the land lies or move to the district the land lies

  • Ownership of absentee land is prohibited by law because it does not comply with land reform in Indonesia is feared the land is not worked actively, must be transferred not later than 6 months after the issuance of the certificate to others that one domicile to the object land or or move one subdistrict area with the land object

  • Protection against the winner of the auction that led to sales events for the minutes of the auction in accordance with Article 7, paragraph 1 Regulation of the Minister of Agrarian No 18 2016 that describes the certificates issued since 6 months should be immediately diverted to another party who is still a resident or landowner moved kedomisili the ground objects

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Summary

Introduction

In the agrarian law to know understanding absentee land, the ownership of farmland outside the area subdistrict owner's residence is prohibited by the state, described in Article 7 paragraph (1) a and b Regulation of the Minister of Agrarian and Spatial Planning / Head of National Land Agency No 18 2016 on the Control of agricultural land Tenure stating farm owner who resides outside the sub-district where the land lies, within a period of 6 months must transfer their land rights to others in the district where the land lies or move to the district the land lies.

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