PERALIHAN HAK ATAS TANAH TANPA MELALUI PEJABAT PEMBUAT AKTA TANAH BERDASARKAN PUTUSAN PENGADILAN (PERKARA NOMOR:156/Pdt.G/2011/PN.PBR)

Abstract

Under the terms of the applicable purchase of land rights must be done
before PPAT but in everyday life was still a lot going on transfer of rights on land
that was done under the hand in the sense of not carried out according to
regulations, such things surely would be very detrimental to the buyer , because
he can only control the rights to land just physically but not legally. Last holders
requesting decisions regarding selling without PPAT deed, the District Court
Pekanbaru used as the basis for recording a transfer rights in the District Land
Office / Municipality.
This research method used is normative. Normative law research method is
the method or methods used in legal research done by examining existing library
materials. This study discusses the law synchronizing data used is secondary data,
ie data that support the information or support the completeness of the primary
data is done by means of literature or literature. Data analysis used the normative
qualitative analysis presented in narrative form further analyzed to obtain clarity
settlement of the problem, then the conclusions drawn deductively, from the things
that are common toward the things that are special.
Results from this study is the Basic Legal Considerations Pekanbaru District
Court Judge Case Number: 156 / Pdt.G / 2011 / PN. PBR is not yet synchronized,
since the court decision has permanent legal force, it has the same effect and
function of the deed of sale made by PPAT.
Consequently Court Decision No. 156 / Pdt.G / PN.Pbr can be used as
evidence to be recorded in the land book and flipped called a certificate on behalf
of the buyer. land court judge in the District Court should be the Chairman should
be able to issue a "determination", not a "decision". Court Decision No. 156 /
Pdt.G / PN.Pbr and binding is used as a basis for the transfer of land rights
recorded in the land book and flipped called a certificate on behalf of the buyer as
last rights holders so that the rights of the buyer gets legal certainty on the land.
Keywords: Transfer of Rights, Court Decisions, Purchase