Transfer Of Land Rights Research Articles

Analysis of Transfer of Rights to Land Without a Deed of Sale and Purchase as Stated in Government Regulation Number 24 of 1997

The registration of land rights is conducted in accordance with the provisions of Article 19 paragraph (1) of Law Number 5 of 1960 to ensure legal certainty by the Government. The registration process of the transfer of land rights through sale and purchase is regulated in Government Regulation Number 24 of 1997, stating that the sale and purchase of land must be proved by a deed issued by the authorized official which is the PPAT. However, the information and knowledge of laws related to the transfer of land rights through sale and purchase transactions in remote areas is limited so that a significant number of transactions are still often carried out in traditional manner. The focus of this research is to analyze the process of the transfer of land rights to without a deed of sale and purchase. The research method used is the normative legal research method focused on normative premises, providing normative explanations, research results, and legal experts' opinions on the discussed issues. As a result, the related parties could file a lawsuit to the court and the decree serves as the basis for the registration for the transfer of rights at the National Land Agency

The Evidentiary Power of the Deed Made Electronically by the Land Deed Officials

The Indonesian government has passed Law 11 of 2020 on Job Creation to improve the investment ecosystem. The changes include the making of a deed of transfer of land rights, which has been made on the condition that the parties must appear before the Notary as land deed officials in person, to be made in electronic form. This step is not accompanied by an amendment to Article 5 paragraph 4 letter (b) of Law 11 of 2008 concerning ITE, which still determines that the provisions regarding ITE do not apply to letters and documents which according to the Law must be made in the form of notarial deeds or deeds made by PPAT. This research is conducted to provide legal solutions from the point of view of Legal Theory on the conflict between the 2 norms. This research is normative legal research. The results of this study indicate that based on the principle of Lex Specialis Derogat Legi Generali, the Job Creation Law must be applied over the ITE Law as far as how to make PPAT deeds made electronically are valid legal evidence if the making of electronic notarial deeds is carried out in accordance with applicable provisions.

Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase

Currently, the need for authentic certificates as evidence is increasing along with the increase in business relationships in various business fields, both on a local and international scale. Most people acquire land by buying and selling. In preventing land problems so that conflicts do not occur in the community, it is necessary to have regulation, control and use of land regulated in the BAL. This study uses a normative juridical law approach with sufficient literature so that secondary data is also needed. The theory of legal certainty is also discussed in this study, because it is fair and implemented normatively, not sociologically. The Civil Code, the sale and purchase of land is essentially a transfer of land rights to other parties/persons in the form of land sellers to land buyers. Buying and selling in customary law is a legal act of transferring land rights by paying the price at the same time in cash.

ANALYSIS OF NATIONAL HEALTH INSURANCE PROGRAM PARTICIPATION POLICY IN REGISTRATION OF LAND RIGHT TRANSFER DUE TO SALE AND PURCHASE (STUDY OF PRESIDENTIAL INSTRUCTION NO. 1 OF 2022)

Presidential Instruction (Inpres) Number 1 of 2022 concerning Optimization ofthe National HealthInsurance Program for landbuyingandsellingserviceshas elicited various kinds of responses from the public. The Director Generalfor Determination of Rights and Land Registration (PHPT) of the Ministry ofATR/BPN said that the Social Security Agency of Health (BPJS Kesehatan)membershiprequirementswouldnotchangetheschemeandwouldnotcomplicate land transactions. This then raises pros and cons for the Land DeedOfficial (PPAT) because it can create new problems if the applicant for landregistration through the transfer of sale and purchase is not registered withBPJSKesehatanMembership.Inconnectionwithbuyingandsellingland,ifthe buyer does not yet have a Health BPJS card, the process of transferringland rights will still be carried out. If you havent attached a Social SecurityAgency of Health (BPJS Kesehatan) card, the file will still be processed but atthe time of collection (certificate)the card must be attached. The purpose ofthisstudyistoanalysethelegalimplicationsofPresidentialInstructionNumber 1 of 2022 point 17 on the registration of transfer of land rights due tosale and purchase of Land Deed Officials (PPAT). The research method used isanormativemethodusingsecondary dataobtainedfromlibraryresearch,including primary, secondary and tertiary legal sources. The legal implicationsof Presidential Instruction Number 1 of 2022 Point 17 provide obstacles to theAuthority of PPATs to act legally. The registration of the transfer of rights atthe National land Agency (BPN) has been hampered due to the existence of anew requirement, namely BPJS health membership. Before the Social SecurityAgency of Health (BPJS Kesehatan) membership requirements were enacted,theregistrationprocessforthetransferofrightsinvolvedconditionsandprocedures that were very lengthy and not only related to the National landAgency(BPN),butalsowithmanyofficesandagencies,suchasprimarytaxation, regional taxation, even permits, and validation process at the villageheads office, public works and public housing offices. This long process is tofulfil the requirements for the registration process for the transfer of land rightsduetosaleandpurchase.

PERJANJIAN JUAL BELI TANAH DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 1233/Pdt.G/2020/PN Sby)

Land as part of the earth's surface, has a very important meaning in human life, either as a place or a living space with all its activities, as a source of life, even for a nation, land is a territorial element in the sovereignty of the state. By law, the position of the first inhabitant is recognized as the owner. One of the acquisitions of land for humans is obtained from agreements, namely by transferring land rights that can be done through buying and selling. In carrying out this sale and purchase, the seller and buyer will make a land sale and purchase agreement, so that there will be a transfer of land rights based on what has been promised by the parties. This study aims to determine the responsibility of the parties in the sale and purchase under the hand, to find out the position of the agreement under the hand in the land sale and purchase agreement, and to find out the form of legal protection for the parties in the land sale and purchase agreement based on decision Number 1233 / Pdt.G / 2020 / PN Sby. This type of research is normative lawresearch research using normative case studies in the form of legal behavior products. Normative legal research is research conducted to collect and analyze secondary data. Data sources obtained only secondary data, namely books, diaries, laws and regulations, court decisions, legal theories and opinions of leading legal scholars. In this agreement there is an element of error on the part of the seller because the selling party (defendant I) cannot be found to exist and does not help the buyer (plaintiff) to enter into an agreement at the Notary as it should be. The underhand land sale and purchase agreement has only formal evidentiary power. So efforts are needed to provide protection to each party.
 Keywords: law, land, agreement, sale and purchase, rights

Kedudukan Pendaftaran Tanah Dalam Peralihan Suatu Hak Atas Tanah

The purpose of this study is about the position of land registration in the transfer of land rights. The research method used is the normative juridical method. Where this research focuses on laws and regulations, books, and other related literature. Land registration is a very fundamental thing in land matters, it is the starting point in the orderly administration that must be carried out by authorized officials and the community in making applications. The land registration system in Indonesia in fact uses a negative registration publication system to make an impact that results in the government not guaranteeing the correctness of the data presented in certificates and land books. Indonesia must adhere to a negative land registration publication system with positive ententions so that data and a transitional event have certainty and are guaranteed legal protection.

Problematics of the Transfer of Land Ownership Based on Presidential Instruction Number 1 of 2022

The transfer of land rights through buying and selling is an event or legal action that results in the transfer of rights from one legal subject to another from the seller to the buyer. In order for the buyer to get legal certainty, the deed of sale and purchase made by PPAT needs to be registered with the National Land Agency so that a land certificate is issued as the strongest evidence. Since the issuance of Presidential Instruction Number 1 of 2022, the government has added a requirement in the registration of buying and selling, namely requiring the public to become active participants of BPJS Health which actually burdens the community itself. This type of research uses normative legal research. Using statutory and normative approaches and using secondary and primary legal materials. The results of the study indicate that the Presidential Instruction Number 1 of 2022 has violated Article 28 H of the 1945 Constitution of the Republic of Indonesia.

THE LOW ESTABLISHMENT OF THE PPAT WORKING HONORARIUM ON THE TRANSFER OF LAND RIGHTS IN JAYAPURA CITY FROM A SHARIA ECONOMIC PERSPECTIVE

There are 24 Land Deed Officials (PPAT) in the city of Jayapura. In the Government Regulation of the Republic of Indonesia number 24 of 2016 regarding Land Deed Making Officials (PPAT), in article 32 paragraph 1 regarding honoraria, rules have been set regarding honoraria for PPAT officials, but in reality there are many land deed making officials who handle the transfer of land rights under 1% of the regulations of the government of the republic of Indonesia. The purpose of this research is to find out the factors that influence differences in the awarding of honoraria for land deed officials (PPAT) in Jayapura City. In addition, from the standpoint of Sharia economic law, solutions to the low application of honoraria are sought. The research method uses descriptive qualitative research with a normative juridical approach. The results of the study show that the factors that influence differences in the awarding of PPAT work honoraria in Jayapura City are the low relationships between PPATs. There is a perception of freedom to grant honoraria that do not exceed 1%, and there is no stipulation for honoraria below 1%.

Triadism Perspective on Payment of Debt Taxes in Complete Systematic Hold Registration Program: What and How?

The Complete Systematic Land Registration Program (PTSL) actually has an orientation to provide guarantees of legal certainty. However, the formulation of rules in Ministerial Regulation No. 6/2018 regarding PTSL provides space for not fulfilling three values that must be met by law. This study aims to analyze PTSL Regulations in the perspective of Gustav Radbruch's triadism. This research is a juridical-normative research by prioritizing conceptual and statutory approaches. The results of the study confirmed that from the aspects of fairness, benefit, and legal certainty, the regulation of the payment of taxes payable for the transfer of rights to certified land from the PTSL program as stated in the PTSL Ministerial Regulation has the potential to prevent the three basic legal values from being realized. The non-realization of the three basic legal values above in the formulation of arrangements for payment of taxes payable for the transfer of land rights certified from the PTSL program has the potential to cause injustice in society while minimizing the beneficial aspects of the PTSL program as well as creating legal uncertainty in society regarding the implementation of the PTSL program which has the potential to harm human rights. community as PTSL participants. Revisions to the PTSL Ministerial Regulation, specifically Article 33 paragraph (1) of the PTSL Ministerial Regulation in conjunction with Article 40 paragraph (1) of the PTSL Ministerial Regulation actually aim to fulfill the three basic legal values put forward by Gustav Radbruch, for ensuring justice, expediency, and legal certainty.

Perlindungan Hukum Terhadap Pejabat Pembuat Akta Tanah Dalam Pembuatan Akta Peralihan Hak Atas Tanah Jika Terjadi Suatu Tindak Pidana

Land Deed Making Officials (PPAT) in carrying out their duties and authorities must comply with Government Regulation Number 24 of 2016 on amendments to Government Regulation Number 37 of 1998 on position regulations for Land Deed Making Officials (PPAT) and the Code of Ethics for the Association of Land Deed Making Officers (IPPAT) However, in practice it often happens that the making of a deed of transfer of land rights is not in accordance with the method of making a PPAT deed. In positions related to aspects of legal protection for PPATs, it is not strictly regulated by PPAT position regulations. The problem being discussed is how the position of the PPAT relates to the deed of transfer of land rights that it makes in the event of a crime and legal protection for the PPAT in making the deed of transfer of land rights in the event of a crime. This is a research with a normative juridical approach, using qualitative methods. There needs to be an urgency for a bill (RUU) initiated by the executive and legislative bodies as well as the IPPAT organization to form a draft law that is explicitly related to, among other things, legal protection for PPATs in making authentic deeds if they experience legal problems. This can provide legal protection regarding the PPAT in carrying out its duties and obligations.

IMPLEMENTATION OF THE TRANSFER OF LAND RIGHTS HAS NOT BEEN CERTIFIED USING A DEED OF SALE AND PURCHASE TO THE LAMONGAN COMMUNITY IN EAST JAVA

Transfer of rights to land is the transfer of rights to land plots from one party to another in the process of buying and selling a land object. In its implementation, strong evidence is needed in the transfer of land rights so that there is no dispute in the future that harms one of the parties in the sale and purchase of land objects. In its implementation, there are often problems related to the transfer of rights to land that has not been certified. Government Regulation Number 24 of 1997 concerning Land Registration states that for the purposes of transferring rights to the Land Office, the sale and purchase of land rights must be proven by a PPAT deed. Proof of PPAT deeds is important in the transfer of land rights to strong evidence and is recognized by the state as an official authorized to make deeds in accordance with interests. The deed made by PPAT is a requirement to register the land in order to get a certificate on the land.

Legal Effects on PPAT That are Involved in the Making of Multiple Certificates

In the implementation of maintaining and protecting the rights of citizens and providing clear legal certainty regarding the registration of a plot of land in order to legalize ownership of land parcels and individual rights in control over land on the basis of PP no. 24 of 1997 concerning Land Registration. PPAT is a public official who is authorized to make a deed of transfer of land rights, deed of assignment of land rights, and deed of power of attorney to impose Mortgage Rights. With this authority, PPAT can take other people's rights by making land deeds for the issuance of other certificates on land owned by other people, so there will be multiple certificates on the same piece of land. In his behavior that violates and abuses his authority and obligations as PPAT, the legal impact of dishonorable dismissal or criminal threats needs to be carried out in order to protect the rights of land owners from crimes committed by PPAT that can harm other parties.

Registration Of The Buying And Sale Of Land Rights Post Implementation Of The Presidential Instruction Number 1 Of 2022 Concerning Optimization Of The Implementation Of The National Health Security Program

Land sales and purchases must be completed prior to the PPAT that intended to give legal clarity and protection to the owner of a land parcel or other registered right so that he may readily establish his ownership of the relevant right and for the efficient administration of property. Fundamental guidelines that must be followed when purchasing and selling land are the transaction procedure and the certificate document's validity. The government released Presidential Instruction of the Republic of Indonesia (Inpres) Number 1 of 2022 on Optimum Implementation of the National Health Insurance Program (JKN). The Presidential Instruction regulates the requirements for managing a number of public services such as buying and selling land, making SIM, STNK, SKCK, Haji and Umrah which must be registered as BPJS Health participants. In the Inpres Number 1 of 2022, the government instructed 30 ministries/agencies to require JKN-KIS for various purposes to ensure that all people are protected by health insurance. Some of these policies seem to have no relationship or connection, but they are actually very closely correlated. The government wants to ensure that all levels of society have health insurance, especially the upper middle class who have not been registered with the JKN-KIS program. BPJS Health participant cards is one of the requirements for buying and selling land. The BPJS Health participant card is a requirement in the application for registration services for the transfer of land rights or ownership rights to flat units due to buying and selling.

Legal Certainty on Registration of the Transitional Deed of Transition of Land Rights by the Officer of Providering Provisional Land Deed

PPATS has the authority to make a legal product in the form of a deed of sale and purchase which is often contrary to applicable law, this is what makes PPATS considered incompetent in making a deed. And, compared to a Notary or PPAT who first went through the education level, and before obtaining his position through a long stage with an apprenticeship process at the Land Office/BPN and at the PPAT Office. This reality shows that the position of PPAT/Notary is better than PPATS. Seeing these conditions, it is necessary to have legal regulations that regulate the position of PPATS in carrying out their duties. Based on this, there are interesting legal issues to study, namely: 1). legal reasoning the authority of the Temporary Land Deed Making Official in registering the deed of transfer of land rights, 2). Is the registration of the deed of transfer of land rights registered by the Official Making the Temporary Land Deed in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration and what is the concept of regulating the registration of the deed of transfer of land rights in accordance with the principle of legal certainty.

Legal Protection on Good Intention Buyers Against the Auction Object Due to the Execution of Liability Rights

The problem of land in human life is very important, because most of human life is very dependent on the land. Therefore, buying and selling is not only the transfer of ownership rights to land to other parties, but also the transfer of land rights, where the buyer controls, manages and uses the object according to his interests and needs. A legal act of transferring rights must fulfill the principle of light and cash. The author presents an example of a sale and purchase agreement made in good faith, but the seller does something illegal and the buyer in good faith is not protected. There is an interesting legal issue for the author to examine in more depth about the land sale and purchase agreement as the legal fact that the buyer has good intentions but an unlawful act is committed by the seller, so that the object of the sale and purchase must ultimately be executed because the debtor defaults. The type of research is normative juridical. The conclusion from the legal position of the buyer who has good intentions, even though the evidence is in the form of an underhand sale and purchase agreement, must still get legal protection. Due to the legal action between the seller and the bank without the power and approval of the buyer, the agreement between the seller/debtor and the creditor can be qualified as “null and void” based on the good faith of the buyer in taking legal action with the seller or it can be qualified that the sale of the auction object is considered never to have occurred, as stipulated in Article 20 UUHT. And that the current regulations do not provide legal protection for buyers with good intentions. Because the rights of the buyer who have fulfilled the elements as stated in Article 1320 of the Civil Code are still being ruled out, it is proven by the auction of the object of sale and purchase that has been carried out by the seller with legal actions with other parties carried out unilaterally. So that in the future there is a need for regulations that provide more legal protection for buyers with good intentions.

Kedudukan Hukum Objek Hak Atas Tanah Atas Perjanjian Pelepasan Hak Atas Tanah Yang Bayar Secara Cicilan

Introduction: Agreement on the transfer of land rights number 04/L/GGPG/IX/2013 dated September 11, 2013 which became the issue raised by the author. The agreement made in the letter of agreement is a default between the parties who are considered to have owned the land, but it is interesting to see the legal position of the object of land rights on the agreement to release land rights which is paid in installments (study of the supreme court decision 2875/k/pdt/2016. 
 Purposes of the Research: to answer how the legal position of the object of the right to the agreement to release the right to be paid in installments (study of the supreme court decision 2875k/pdt/2016. 
 Methods of the Research: The type of research used is normative juridical research. The nature of this research is descriptive. The data source used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using deductive methods. 
 Results Originality of the Research: The position of the land object is on the seller's side because the conditions for the transfer of the object of land rights to the buyer are not valid in accordance with the provisions of the agrarian law, namely the legal requirements for registering the transfer of land rights.

Legal Certainty of Income Tax Exemption on the Transfer of Rights to Land in the Sharing of Collective Integration Rights

The transfer of property to certain heirs for the joint ownership of the object of inheritance must be transferred by way of the distribution of joint rights, which is based on the APHB. Article 4 paragraph (3) letter b of the Income Tax Law explains that the transfer due to inheritance is exempt from collecting PPh, but in its implementation it must be accompanied by a PPh SKB issued by KPP Pratama. So that in order to get the income tax exemption on the transition, the heirs must apply for the issuance of the SKB PPh to the KPP Pratama. However, the KPP Pratama often refuses the issuance of the SKB PPh, this results in the heirs having to pay PPh on the transition. This study uses a normative juridical method with a statutory approach and a conceptual approach, and legal materials are analyzed using a deductive method. The results of this study indicate that the transfer of land rights by the distribution of joint rights of inheritance should be exempted from income tax, because the distribution of joint rights is still included in the series of inheritance processes, so the transfer of income tax collection must be exempted. So that legal reform is needed to provide legal certainty in the exemption of PPh on the transition.

JURIDICAL REVIEW OF DEEDS SHOWING THE TRANSFER OF LAND RIGHTS IN TULUNGAGUNG

In transferring land rights, legal practice often needs to be more consistent. Therefore, a problem arises regarding the transfer of land rights; it is necessary to go through several procedures and factors that are the basis for consideration. Referring to this, the procedure for the Transfer of Land Rights Before and After the Entry into force of Government Regulation Number 24 of 1997, the implementation based on PP No.24/1997 inTulungagung Regency was carried out mostly because of the ease of requirements while PP No.10/1961 the basic legal provisions of its implementation were felt not enough to facilitate the implementation of registration in a short time and the regulations are still considered to be very rigid , in this study using the Qualitative method with a Sociological Juridical approach which was obtained directly in the field by conducting interviews or interviews with the residents involved in carrying out the land registration process, 20 Notary/PPAT, and with officials at the Tulungagung Regency National Land Agency Office, for the completion of the Making of the Deed Designating the Deed of Transfer of Rights previously carried out by making a Statement on the Deed of Risks Against the Deed Made by the local District Head,and that the Making of the Deed Designating the Deed of Transfer of Rights earlier in 2023 is no longer enforced to conform to every existing regulation and so as not to impede the Complete Systematic Land Registration program, because there are still many people who are still unfamiliar with the importance of registering land rights and so that inconsistencies in legal practice do not occur, therefore it is necessary to increase procurement Legal counseling, especially regarding land registration which is balanced with cooperation between the Land Office and officials at both the sub-district and village levels, needs to be improved and fostered. Because there are still many people who are still unfamiliar with the importance of registering land rights so that inconsistencies in legal practice do not occur; therefore, it is necessary to increase procurement Legal counseling, especially regarding land registration which is balanced with cooperation between the Land Office and officials at both the sub-district and village levels, needs to be improved and fostered. Because there are still many people who are still unfamiliar with the importance of registering land rights so that inconsistencies in legal practice do not occur; therefore, it is necessary to increase procurement Legal counseling, especially regarding land registration which is balanced with cooperation between the Land Office and officials at both the sub-district and village levels, needs to be improved and fostered.

Publication of Usage Rights Certificates on Ownership Land by the Regional Government for the Development of Public Facilities

This study aims to determine the legal implications of the issuance of right of use certificates on land owned by individuals, as well as to determine the responsibility of the National Land Agency and the Gowa Regency Government for the issuance of certificates of use rights on land owned by individuals. This study uses an empirical legal research type, which examines and analyzes how the law works in the community. Research results (1) there are no rules governing the transfer of personal rights into state ownership, but in practice if such a thing happens, the legal basis used is Article 131 of the ART/BPN Ministerial Regulation Number 3 of 1997. Where the registration of the abolition of rights itself must accompanied by a statement of release of rights to the state which is signed before the Head of Regency/City BPN. (2) The BPN is also responsible for revoking/cancelling one of the certificates deemed invalid. Meanwhile, the local government of Gowa Regency is responsible for clearing the land without any burden on it. Keywords: Transfer of Land Rights, Use Rights, and Ownership Rights

PERALIHAN HAK ATAS TANAH DENGAN PERJANJIAN PENGIKATAN JUAL BELI BERDASARKAN SEMA NO. 4 TAHUN 2016

The transfer of land rights through buying and selling according to PP No. 24 of 1997 concerning land registration states that land can be transferred if there is a Sale and Purchase Deed (AJB) made by PPAT, the development of legal facts is that there is a Sale and Purchase Binding Agreement (PPJB) based on SEMA Number 4 of 2016 that the transfer of land rights can only be transferred based on PPJB, because until now there has been no clear regulation specifically regarding PPJB in the laws and regulations, it is often questioned regarding the validity of PPJB, as well as legal protection to the parties who make it. The purpose of this study was to analyze the status of the transfer of land rights with PPJB based on SEMA No. 4 of 2016 which does not require the existence of AJB and to know the legal protection for the parties if the transfer of land rights is only with PPJB only. This study uses a normative juridical research method with an approach in the form of legislation and cases with qualitative descriptive analysis methods. The results of this study are that the status of the transfer of land rights with PPJB based on SEMA No. 4 of 2016 which does not require the existence of AJB is valid as Article 1338 of the Civil Code but does not guarantee that the transfer of land rights to other people can occur if the transfer is not carried out according to Article 1459 of the Civil Code, PPJB before AJB is allowed as long as the requirements as stipulated in the regulations are met, Meanwhile legal protection for parties who make PPJB only in the transfer of land rights is preventive legal protection, by pouring clear clauses in PPJB and repressive legal protection, the parties can resolve it until the court.
 Keywords: Transfer of rights, PPJB, Legal Protection