Legal Certainty on Sale and Purchase Deed Made by the District Head of Sutera District, South Pesisir Regency as Temporary Land Deed Official (Study on Sale and Purchase Deed Number 180/AJB/CS-2017)

Abstract

The society’s need of legal certainty on land ownership nowadays is very crucial and is a vital part in society’s life. Thus, every element in life related to the implementation and law enforcement must have same parameter which is the achievement of legal certainty. The problem of this research is how the legal certainty of Sale and Purchase Deed Number 180/AJB/CS-2017 in which its registration is rejected by the Head of Land Department of South Pesisir Regency. The objective of this research is to know the legal certainty of Sale and Purchase Deed Number 180/AJB/CS-2017 in which its registration is rejected by the Head of Land Department of South Pesisir Regency. The method used in this research is normative judicial. The research is analytical descriptive. All research data are analyzed by qualitative way. This research’s result is Sale and Purchase Deed Number 180/AJB/CS-2017 in which its registration is rejected by the Head of Land Department of South Pesisir Regency because the deed does not fulfill objective requirement which is contradicting with the regulation of Article 12 subsection (2) Government Regulation Number 24 of 2016 regarding Amandment on Government Regulation Number 37 of 1998 regarding the Position of Land Deed Official. The deed is made out of the authority of the Head of Sutera District, South Pesisir Regency as the temporary Land Deed Official. Besides, it makes the deed illegal based on law. Therefore, the deed is no longer functioning as a proof of legal action which provides legal certainty guarantee on sale and purchase made by the parties.