ANALISIS HUKUM PELAKSANAAN JUAL BELI TANAH DIBAWAH TANGAN DI GAMPONG MESJID KECAMATAN KAWAY XVI

Abstract

Land as property rights is regulated in the Basic Agrarian Law No. 5 of 1960. Ownership rights can be transferred based on sale and purchase, in accordance with Government Regulation no. 24 of 1997 in Article 37 paragraph 1 that the transfer of land rights and ownership rights to house units through sale and purchase, exchange, grants, entry into companies and other legal acts of transfer of rights, can only be registered if proven by a deed made by PPAT, There are provisions for the transfer of rights, but in Gampong Mesjid, Kaway XVI. The aim of this research is to analyze legal protection for the practice of buying and selling land under the hands in Gampong Mesjid and analyze the factors that cause people in Gampong Mesjid to buy and sell land under the hands. This research uses empirical juridical research methods. Researchers conducted interviews with the Keuchik Gampong Mesjid, as well as interviews with four respondents. The results of the research show that in Gampong Mesjid, Kaway XVI District, there is still the practice of buying and selling land under the hands. The public's knowledge about buying and selling must be done before a PPAT/Notary is still limited, on the other hand, the majority of people still choose to carry out land buying and selling privately due to limited costs, faster time, practicality, and the process does not take a long time. Factors that influence the occurrence of underhand buying and selling are the permissibility of the customary law process regarding the transfer of rights by the UUPA itself, lack of socialization of legal understanding, public ignorance about the conditions for buying and selling transfer of rights, the high cost of buying and selling before the PPAT and the low legal culture of the community itself.