KEDUDUKAN AKTA DALAM JUAL BELI TANAH DAN BANGUNAN YANG DILAKUKAN DIBAWAH TANGAN TANPA MENGHADAP PEJABAT PEMBUAT AKTA TANAH (STUDI KASUS: PUTUSAN PN SURABAYA 72/PDT.G/2021/PN SBY)

Abstract

In Article 37 paragraph (1) Government Regulation No. 24 of 1997 has emphasized that any transfer of land rights due to sale and purchase must be proven with a deed drawn up by the Land Deed Making Officer. These provisions are binding and contain legal consequences that a transaction with the object in the form of land if it is carried out under the hands, it is threatened with cancellation, because contrary to regulations requiring that every transaction be made by and at before the Land Deed Official. But in practice before there is Based on the provisions above, the people of Padang Pariaman Regency have done a lot the practice of buying and selling land according to custom (sale and purchase under the hand) and without a deed made by the Land Deed Official. The problem is whether to sell buying under the hand is legal and the land that is the object of the sale and purchase can be registered only with the basis of rights in the form of a sale and purchase document made in person under the hand. . In this writing, the legal research method used by the author is normative-empirical, with a qualitative approach that uses methods through library research. The results of this study are that the private deed in the land sale and purchase agreement without appearing before the deed maker in Pn Surabaya 72/Pdt.G/2021/PN Sby needs to consider is related to the aspect of formality in connection with the a quo lawsuit