Summary: | This study aims to determine factors that cause the making of buying
commitment in presence of notary before signing the Deed of Land selling
transactions in Magelang district and also to determine the judicial power of the
deed.
This study is an empirical juridical study to figure out the reality that
occurs in society, and analyzing the problem by comparing the normative values
in legislation toward the reality. Type of data in this study is secondary and
primary data. Secondary data include primary legal materials and the secondary
legal materials are obtained from libraries, Internet sites, journals and
magazines, while primary data obtained through interviews with respondents
who meet the criteria set by the researchers, among others, who never made a
deed of Notary, Notaries� clients, officials and staff of Magelang District Land
Office. It used a qualitative data analysis.
From the study results, it concluded there are two factors that driving to
make the buying commitment. one of the factors is the will of the parties in
making the deed itself that is the payment of not fully given, the sold object have
no any certificate, and external factors outside of both parties, that is Buying and
selling some land, the buyer subjects exposed to the rules of the Land reform,
burdened Mortgage Certificates, the land tax has not been raised SPPT on the
ground objects. Both buying commitment Agency and selling deed have a
legal force and provide legal protection to both sides but from a different angle.
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