Juridical Study Dispute Settlement Process Cancellation of Sale and Purchase of Land Rights and Joint Assets

  • Nazira Inaya Putri Universitas Narotama Surabaya
    (ID)
  • Nynda Fatmawati Octarina Narotama University Surabaya
    (ID)
Keywords: Land Rights, Properti, Juridical Review, Gono-Gini

Abstract

The research was conducted aiming to find out how the process of settlement of land sale and purchase disputes was carried out. The research was conducted with reference to the applicable laws and regulations. Data analysis using data equations that have been obtained at the time of the study finally obtained the following research results: (1) Based on the decision of the case Number: 62/Pdt.G/2013/PN. Tk is a problem in the implementation of the sale and purchase of joint assets carried out without the consent of one of the parties. The decision of the panel of judges in Decision Number : 62/Pdt.G/2013/PN.Tk which rejected the plaintiff's claim was correct. This is because the disputed land is not a joint property (gono gini) of the Plaintiff and Defendant II. Defendant II did not act for himself but only served as a "proxy". The position of Defendant II who only acts as the "power" to sell the disputed land is reasonable because as has been considered above.

References

Book :

Abdul Manan. Various Problems of Islamic Civil Law in Indonesia. Jakarta : Kencana. 2006, p. 108-109.

Amirudin and Zainal Asikin, Introduction to Legal Research Methods, Rajawali Press, Jakarta, 2010, Pg 118.

Boedi Harsono, 2003, History of the Formation of the Basic Agrarian Law: Content and Implementation. Jakarta: Djembatan, Page 27.

Herlien Budiono, 2004, "Binding of Sale and Purchase and Absolute Authority," Renvoi Magazine, Year I, Number: 10, (March 2004), Page 57.

Kartikawati, Dwi Ratna. Agrarian Law and Land Law Principles. Tasikmalaya : CV. Elvaretta Buana. 2019.

Murad, Rusmadi. Land Administration Implementation of Land Law in Practice (Revised Edition). Bandung : Mandar Maju. 2013.

R. Subekti, 1998, Legal Aspects of National Engagement, Bandung: PT Citra Aditya Bakti, Page 29.

R. Subekti, Op.Cit., Page 75.

Wirahadi Prasetyono, 2013, Easy Ways to Manage Land and House Certificates, Jogjakarta : Flashbooks, Page 5.

Legislation :

Code of Civil law.

The 1945 Constitution of the Republic of Indonesia.

Law Number 5 of 1960 concerning Agrarian Principles.

Government Regulation Number 24 of 1997 concerning Land Registration (LN Number 59 of 1997, TLN Number 3696).

Jurispendence (Court Decisions with Permanent Legal Force).

Website :

Khairina. “Certificate of Legal Disabilities in Land Law in Indonesia.” https://media.neliti.com. Downloaded 10 November 2022.

Mahadewi, the Great Son of Diah Mahadewi's wife. “Cancellation Procedure Arrangements Certificate of Land Rights which are State Property.” https://media.neliti.com/. Downloaded 11 November 2022.

Published
2022-11-30
How to Cite
Inaya Putri, N., & Octarina, N. F. (2022). Juridical Study Dispute Settlement Process Cancellation of Sale and Purchase of Land Rights and Joint Assets. Al-Risalah Jurnal Ilmu Syariah Dan Hukum, 184-193. https://doi.org/10.24252/al-risalah.vi.34172
Section
Artikel
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