| dc.description.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 | en_US |
