Analisis Hukum Tentang Keabsahan Kepemilikan Tanah Berdasarkan Surat Tukar Tanah yang Dibuat Oleh Kepala Desa Dalam Putusan Nomor 22/PDT.G/2019/PN LLG

Abstract

Based on the regulation in UUPA, it can be seen that one of the methods to get land ownership certificate is by doing land exchange. According to UUPA, in the legal acts of buying and selling, exchanging, giving, giving with a will, giving by custom, and other acts concerning title transfer and their supervision are regulated in the PP (Government Regulation). The research problems were as follow: 1) how about the validity of land exchange certificate issued by a village head, 2) how about legal protection for the status of land ownership obtained through exchanging, and 3) how about the judge’s legal consideration in the Verdict of Lubuk Linggau District Court No.22/Pdt.G/2019/PN.LLg. The research employs juridical normative method by conducting library research or secondary data. It also uses descriptive analytic approach to describe, to take inventory, and to analyze theories and regulations regarding the research problems. The result of the research on the validity of land transfer certificate made vilage head, based on Article 7, paragraph (2) of PP No.24/1997 on Land Registration, shows that to make easier for the people with no PPAT in the remote areas to carry out legal acts on land by exchanging as Temporary PPAT was the Village Head as the Government Official who knew the area. Legal protection for land ownership done by exchanging was done by providing documents as legal standing for the issuance of a certificate as the evidence of land ownership. The documents consisted of a letter of the history of the land and a letter of non disputed land issued by the Village Head or the Sub-district Head as the evidence that the land ownership used as the land transfer, and that the land was free from a dispute. In the judge’s legal consideration in the Lubuk Linggau District Court Verdict No. 22/Pdt.G/2019/PN/LLg, states that based on the evidence submitted by the Defendants, either in the written from or in the witness’ testimony, the Plaintiff cannot submit other evidence to encounter the written evidence and witness’ testimony submitted by the Defendats before the court.