PERLINDUNGAN HUKUM TERHADAP PEMBELI TANAH YANG BERITIKAD BAIK YANG PERALIHAN HAKNYA DIBATALKAN OLEH PENGADILAN (Studi Kasus Putusan Pengadilan Negeri Bale Bandung)

The background of this research is (1) to know about legality of land purchase and sell that had has complete documents and fulfilled material requirements according to law regulations but in the registration process against the law could be considered legitimate, and (2) to know the extent to which...

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Bibliographic Details
Main Authors: , Fadhilah Kadir, SH, , Prof. Dr. Sudjito, S.H., M.Si.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2011
Subjects:
ETD
Description
Summary:The background of this research is (1) to know about legality of land purchase and sell that had has complete documents and fulfilled material requirements according to law regulations but in the registration process against the law could be considered legitimate, and (2) to know the extent to which the good land buyers that the court then cancelled her/his transfer of land rights was given legal protection. This research uses descriptive-analytical method and Case Study Design in order to obtain comprehensive and integrated information related with the case of legal protection given to good land buyer that the court cancelled his/her transfers of land rights. The results and conclusions of our case study are that the consideration and the verdict of Bale Bandung district court No. 47/Pdt.G/1998/PN/BB which was confirmed by Supreme Court No. 1588/KPdt/2001 was tend to validate the ownership of land which was disputed, whereas Bandung High Court had the point of view from validity of land purchase and sell and the latest transfer which is done by buyer and seller which is according to law regulations about transfer of land rights and the rule of contract law. Legal protection to land buyers from a lawsuit by third party that causing the ownership of the land that he/she was bought is cancelled is contained in Article 19 paragraph (2)c UUPA, Article 32 paragraph (1), Article 23,24,25 and 39 PP No.24 year 1997 regarding land certificate as a strong evidence and Article 2 of Regulation No.37 of 1998 and its implementing regulations that substantially burdening liability to PPAT to record carefully all date�s of land which is the ownership was transferred.