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VOL. 10, ISSUE 1 (2024)
Legal protection for buyers in land rights transactions without transfer of rights
Authors
Wening Nur Ayu Lufandini, Lego Karjoko, Noor Saptanti
Abstract
Amidst Indonesia's rapid economic growth, land
rights transactions are becoming increasingly significant, necessitating strong
legal protection for buyers, especially when the transfer of land rights has not
been registered. This study employs normative legal research methods with a
legislative and case study approach. Focusing on the implementation of Law No.
5 of 1960 on Basic Agrarian Regulation and Government Regulation No. 24 of 1997
on Land Registration, this research explores the legal protection available to
land buyers when the transfer of land rights is unregistered. Preventive legal
protection has been implemented through the issuance of the Basic Agrarian Law
(UUPA) and Government Regulation No. 24 of 1997, which establish procedures to
be followed in land transaction activities. However, legal loopholes remain. In
response to disputes, repressive legal protection can be sought through
judicial processes. The existence of court decisions that favor plaintiffs in
relevance to the registration of land rights transfers as stipulated in Article
37 Paragraph (1) of Government Regulation No. 24 of 1997 can serve as a basis
for plaintiffs/land buyers to carry out the process of transferring their
rights.
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Pages:168-171
How to cite this article:
Wening Nur Ayu Lufandini, Lego Karjoko, Noor Saptanti "Legal protection for buyers in land rights transactions without transfer of rights". International Journal of Law, Vol 10, Issue 1, 2024, Pages 168-171
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