Analisa Perlindungan Hukum Terhadap Kepemilikan Dan Transaksi Jual Beli Tanah Yang Belum Bersertifikat

Abstract

Humans and the land in their environment have an inseparable relationship, from the time humans are born until they die, the relationship between humans and the land arises from the philosophy of each people of a nation, regarding the land on which they live. The biggest myth that people believe about land comes from the existence of two natural phenomena. The two phenomena are the sky as the father of the universe and the earth as the mother. It is this marriage of heaven and earth that produces everything that exists on earth, including humans as their children. The enactment of the Basic Agrarian Law (Law Number 5 of 1960) in Indonesia since September 24 1960 means that all matters relating to land are regulated by this Law and its implementing regulations. Article 26 of the Basic Agrarian Law regulates issues relating to buying and selling land and is also regulated by implementing regulations in Article 19 of Government Regulation Number 10 of 1961 in conjunction with Article 37 of Government Regulation Number 24 of 1997 concerning Land Registration. There are so many problems regarding the sale and purchase of land that result in prolonged conflicts. Disputes occur because the parties do not pay attention to the legal aspects of a land sale and purchase agreement, or it could also be that the sale and purchase agreement fulfills the material requirements but does not change names. Things like this result in a lack of guarantee of legal certainty for the land buyer.

Keywords: Protection, Ownership, Land, Not Certified