Legal Protection for Buyers in Buying and Selling with Counterfeit Certificate Object

Putu Satria Fajar Purwanta,I Made Suwitra,Ketut Kasta Arya Wijaya

doi:10.22225/jhp.8.2.2021.136-144

Abstract

The lack of precision between the buyer and the land deed official is a factor in the emergence of the uncertainty of the law against the certificate issue. In addition, the seller also intentionally does not notify that there is a defect in the certificate that causes the buyer to suffer a loss. It needs the protection of the buyer acting in good faith so that in the future no longer appears dispute regarding the certificate of a double or false which is used as the object of buying and selling. This study aims to know the certainty of the law, the transfer of rights over the land and the form of the legal protection of the buyer acting in good faith in buying and selling with counterfeit certificate object. The method used in this study is normative legal research. In addition, the legal materials are obtained by using a literature study. The results of this study showed that the transfer of rights over the counterfeit certificate object causes legal uncertainty because there is a violation of article 1320 of the Civil Code, namely the agreement and skills that can be requested for cancellation, the form of the legal protection of the buyer acting in good faith in the form of protection repressive where such protection can be provided in the form of criminal sanctions, administrative and civil to the seller.

Highlights

The land is very important for human life because it has many benefits so that humans always try to control the land
Based on the background and the previous studies above, this study aims to know the certainty of the law, the transfer of rights over the land and the form of the legal protection of the buyer acting in good faith in buying and selling with counterfeit certificate object
Based on the results explained above, it can be concluded that 1) legal certainty, the transfer of rights over the land with counterfeit certificate object is the transfer of rights over the land has no legal certainty

Summary

Introduction

The land is very important for human life because it has many benefits so that humans always try to control the land. One of the efforts that humans can make is by buying and selling. Land tenure has been attempted as optimally as possible to improve the standard of living of every human being. To accommodate the ownership of land rights, a law that regulates agrarian matters was enacted, namely Law Number 5 of 1960 (Siahaan, 2003:1-3). Land rights in the law can be given to the good people of that alone or jointly or a legal entity. Land rights given by the law can be divided into two, namely sourced on the Rights of the Nation is what's called the Rights of the primary one of which is a Property Right, while the special rights come indirectly from the rights of the nation or secondary property rights (Permadi, 2016)

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Conclusion