The Sale and Purchase Agreement (PPJB) as Proof of In Settlement of Land Rights Transition Dispute Resolution (Study of Decision Number 840 K / PDT / 2005 Supreme Court)




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Faculties : Fakultas Hukum

Department : S1 Ilmu Hukum

Land is one of the very human need absolute and vital, meaning that human life is influenced and determined by the existence of the soil. In general, the transition ownership of the land is done by way of buying and selling. Sale and purchase is an agreement, one party to bind himself to hand over the goods and the other party to pay the price that has been disetuju. In the case of land transactions, known for their binding sale and purchase agreement. PPJB made a preliminary agreement to bind the seller and the buyer before the signing of the Sale and Purchase Agreements as a result of delays or the presence of certain requirements set by the law have not been met. The problem that arises is though often used PPJB but never regulated in Regulation Legislation relating to land rights, giving it a special force of law Agreements Sale and Purchase sometimes still questioned the binding agreement of sale and purchase of land, resulting in the rule of law and protection the law for the parties who are bound in the purchase and sale agreement. The method used in this study is empirical juridical. Empirical legal research is legal research object of events includes the provision and the adoption or implementation of normative legal requirements (codification, law or contract). Are in action / in abstracto on any legal events that have occurred in masayrakat (in concreto). The legal force of the Treaty Sale and Purchase Agreement in the transition of ownership of the land is with the implementation of the PPJB has proved already saw a shift of property rights over land, although the land law National does not recognize the existence of the PPJB and is said to have no power to transfer title to land, but on practice with the redemption price has been agreed or the payment gradually and legally empowering the party buying the land has been considered as a buyer and owner. The legal consequences of the parties to the Agreement Sale and Purchase Agreement is the PPJB as a means of evidence of the transition in which the seller reserves the right to hand over ownership of the land to the buyer and the buyer is obliged to make payment for the land at a price that has been agreed that the price indicated in the agreement , Therefore, the government in this case registering systematic way so that each area of property rights to land have a certificate and also to land not registered in advance be registered before buying or selling in order to guarantee legal certainty in land purchase.

Keyword : The Power of Law, PPJB, Transfer of Rights of Properties on Land, Evidence

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