Kekuatan Hukum Surat Dibawah Tangan dalam Jual Beli Tanah yang Digunakan sebagai bukti Kepemilikan (Studi di Desa Marjanji Kecamatan Sipispis Kabupaten Serdang Bedagai)

Abstract

Land rights transfer is the shift of land rights from the old owner to the new one according to the applicable regulation. There are 2 (two) kinds of land rights transfer: to transfer and to be transferred. To transfer means the transfer of land rights without any legal act done by the owner such as through inheritance. To be transferred means the transfer of land rights with legal act done by the owner such as through buying and selling. The research problems are as follows: 1) how about the process of implementing underhanded land purchasing transfer at Marjanji Village, Sipispis Sub-district, Serdang Bedagai Regency, 2) what factors which cause people to do underhanded land purchasing at Marjanji Village, and 3) how about the legal force of underhanded letter in land purchasing at Marjanji Village. The research uses the combination of juridical normative method and juridical empirical method as well as statute and conceptual approaches. The data consist of primary data and secondary data. They are gathered by conducting library research and field research and analyzed qualitatively. The result of the research shows that the process of land purchasing at Marjanji Village is carried out by using underhanded letters and a piece of receipt, signed and stamped by the village head. This practice has become the tradition of the people at the vi/Lage since the process is quick and without PPAT or PPATS in Sipispis Sub-district. The legal force of an underhanded letter in land purchasing is valid if it fulfills the prerequisites of a contract: the agreement of both parties, has the ability to do legal act, the object is agreed and does not violate law. Therefore, the binding force of an underhanded contract is the land title transfer in which the contract is valid because the validity of a contract does not absolutely have to be made with a Notarial deed by PPAT