Peralihan Jual Beli Hak Atas Objek Tanah Yang Belum Bersertifikat

Abstract

The transfer of land rights without certificates in Indonesia often occurs, where the transfer of land rights without certificates occurs because of the sale and purchase carried out by people who have rights to the land. The problems raised in this research are the legal arrangements for the transfer of sale and purchase of land rights without certificates according to positive law, the role of notaries in the process of making deeds of transfer of land rights that have not been certified, and the transfer of land rights that have not been certified. The approach method used in this research is empirical juridical. The data sources used in this research are primary data and secondary data. Data collection using data collection tools, namely interviews. After the data has been collected completely and has been processed using narratives or tables, it is then analyzed qualitatively. Legal arrangements for the transfer of sale and purchase of land rights without certificates according to positive law, Law Of The Republic Of Indonesia Number 5 Of 1960 On Basic Agrarian Principles and Government Ordinance Number 24 of 1997 which is the main regulation in the implementation of land registration. The role of a notary in the sale and purchase of uncertified land is to make an authentic deed of release of land rights that have been determined by law, ensure the certainty of the date of making the deed, provide a grosse, provide legal advice, explanations and instructions to the parties facing about things that can be done or which are prohibited in connection with the applicable laws and regulations. The transfer of land rights that have not been certified at the the enactment of Government Ordinance Number 24 of 1997, must be proven by a deed of sale and purchase made by or before a land deed maker official. If it is not made with a deed of sale and purchase made by a land deed maker official, then the sale and purchase process must be repeated with a sale and purchase made by a land deed maker official. This is to fulfill the terms and conditions for the transfer of land rights to be registered and the final result of land registration in the form of strong evidence, namely certificates.