PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH BERDASARKAN JUAL BELI DI BAWAH TANGAN (KAJIAN TERHADAP PUTUSAN NOMOR: 94/PDT.BTH/2018/PN TPG)

Abstract

Land is very closely related to human life. Every per son in a certain area will need land for his life, it is often found that the process of buying and selling land is carried out under the hands, which is very prone to various risks. The research carried out in this thesis is to determine the form of protection. the law of buying and selling land rights which is carried out under the hands. The research method used in this research is normative research where the focus of the research is to examine the application of legal rules or norms. The object and location of this thesis research is a decision case Number: 94 /Pdt.Bth/2018/PN.Tpg, the location of the research was carried out in the Tanjungpinang Negeri court. The data source used in this study was secondary data sources as, Secondary data sources are data sources that researchers get indirectly through intermediary media. Data sources Secondary law consists of primary legal materials, secondary legal materials nder, Tertiary Legal Materials. The data collection technique in this research is through library research by reviewing literature related to research problems and document studies by reviewing legislation. The data obtained during this research, both in the form of primary legal materials, secondary legal materials and tertiary legal materials will be analyzed. qualitatively and presented descriptively. After conducting this research, the author obtained answers to the existing problems, namely the sale and purchase agreement of land rights which was carried out on sealed paper signed by both parties with their signatures, then for the sale and purchase agreement itself can be considered valid because it fulfills the main elements of the agreement: it's just that for the legal protection given to the buyer if there is a problem it is very weak because the deed under the hand will be defeated by authentic evidence, so as to address the case in Decision No. 94/Pdt. Bt h 2018/Pn.Tpg does not happen again in the future, every sale and purchase agreement of land rights to immediately carry out the separation of rights/transfer of rights, to realize this requires special attention from all elements of society/Government who take care of the land sector.