Abstract
The purpose of this research is to explain and analyze the comparison of trade regulated by the Civil Code and the Agrarian Basic Law and explain and analyze the strengths and weaknesses of buying and selling regulated by the Civil Code and the Agrarian Basic Law. The research method used is the normative legal research method. The approach used is statutory, a conceptual approach and a case approach. The results of this study, First, the comparison of land buying and selling between the Law of Pedata and the Basic Agrarian Law, namely based on the meaning of land buying and selling, the terms of sale and purchase of land, the subject of law, when the sale and purchase of land and the system of publication embraced by each basic rule of land law. Second, the strengths and weaknesses contained from each rule of law include the Civil Code providing legal certainty to the group subject to the western rule of law while the UUPA provides legal certainty for Indonesian citizens with the registration of land rights. While the weakness of the civil code does not provide legal certainty for groups that are subject to customary law while the UUPA in order to obtain legal certainty requires time and costs are pretty expensive in carrying out the registration of land rights. Keywords: Land Sale, Land Registration, Land Rights DOI: 10.7176/JLPG/112-07 Publication date: August 31 st 2021
Highlights
Indonesia is an agrarian country that has natural resources and a huge area
It is contained in Article 5 of the Agrarian Basic Law (UUPA)(Boedi, 2005), which reads: Agrarian law that applies to the earth, water, and space is the Customary Law, as long as it is not contrary to the national and state interests, which is based on the unity of the nation, with Indonesian socialism and with the regulations listed in this Law and with other regulations everything by heeding the elements based on the Law of Religion.(Boedi, 2005)
Analysis of legal materials is carried out by qualitative data analysis, namely analysis of primary, secondary, and tertiary legal materials to the comparison of land buying and selling based on the rules in the Civil Code and the Agrarian Basic Law so that a comparison of land sales that includes the classification of legal materials in accordance with the problems and topics of research is adjusted to the provisions of the law, the final result of the analysis is in the form of narratives in the form of conclusions
Summary
Indonesia is an agrarian country that has natural resources and a huge area. The existence of the land will not be separated from all the acts of human submission itself(Sutedi, 2019), so that the relationship of man with the land is very closely related since long ago. This is because the land is needed by every community for the survival of or next. It is contained in Article 5 of the Agrarian Basic Law (UUPA)(Boedi, 2005), which reads: Agrarian law that applies to the earth, water, and space is the Customary Law, as long as it is not contrary to the national and state interests, which is based on the unity of the nation, with Indonesian socialism and with the regulations listed in this Law and with other regulations everything by heeding the elements based on the Law of Religion.(Boedi, 2005)
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