PERLINDUNGAN HUKUM KEPADA PEMBELI YANG BERITIKAD BAIK DALAM HAL DILAKUKANNYA PENCATATAN BLOKIR DAN SITA PADA SERTIPIKAT HAK ATAS TANAH

Abstract

Based on the cases that occur in the blocking / recording of land rights certificates carried out by the Land Office, there is a need for legal protection against good faith buyers as holders of land rights certificates, in order to provide legal certainty and legal protection against good faith buyers in the event of blocking or confiscating land rights certificates, this study raises the issue of legal protection of buyers who are in good faith against the blocking system on the regulation of the Minister of Agrarian Affairs and Spatial Planning/ head of the National Land Agency Number 13 of 2017 on blocking and confiscation procedures and the completion of the blocking system, using the legal theory of te goeder trouw and the theory of legal protection. The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. The results of the study concluded that legal protection for good faith buyers in the block system according to the regulation of the Minister of Agrarian Affairs and Spatial Planning/ head of the National Land Agency Number 13 of 2017 has been regulated in the MA jurisprudence dated March 29, 1982 Number 1230 K/Sip/1980, where good faith buyers who have met the legal requirements for buying and selling land get legal protection. Permenag 13 of 2017 divides legal protection into preventive (based on good faith) and repressive (fines, imprisonment, additional criminal offenses). This regulation provides legal certainty in resolving land disputes outside the court through mediation and negotiation, replacing Permenag 11 of 2016 and ensuring the renewal of laws that protect the rights of buyers in good faith