Legal Protection for Land Buyers Who Lose Rights as a Result of the Sale and Purchase of Land that was Once the Object of a Dispute in The State Administrative Court (Decision of the Supreme Court of the Republic of Indonesia Number 658 PK/Pdt/2017)

DOI

10.2991/assehr.k.220404.022How to use a DOI?

Keywords

Sale and Purchase of Land; Object of Administrative Court Dispute; Land Rights

Abstract

Land is the authority of the State to regulate the granting and use of land to the community so that land is used for the greatest achievement for the prosperity of the people with the demands of legal certainty and legal protection between communities. Even though there is a policy regarding land use regulated by the state, in reality there is often chaos and legal uncertainty. As an example of the case in the Supreme Court Decision Number 658 PK/Pdt/2017, namely the issuance of 2 (two) certificates of the same land with different rights, Dirman Pardosi with the Right to Build and John with the Right of Ownership, which turned out to be the land belonging to John Tandiari. Become the object of dispute in the State Administrative Court. The results of the study reveal that legal protection will be obtained if the land buyer can prove their rights in court then if the seller provides compensation costs and returns the money for the purchase transaction of the land sale and purchase object 100% (one hundred percent) to the buyer who is declared to have to return the land to the owner on behalf who won the lawsuit in the State Administrative Court and PPAT are responsible only for the deed of sale and purchase made between Gunadi Yauw and John Tandiari because it was made consciously both personally and jointly that the land was in dispute with the State Administrative Court.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Novia Gunawan
AU  - Tjempaka Tjempaka
PY  - 2022
DA  - 2022/04/21
TI  - Legal Protection for Land Buyers Who Lose Rights as a Result of the Sale and Purchase of Land that was Once the Object of a Dispute in The State Administrative Court (Decision of the Supreme Court of the Republic of Indonesia Number 658 PK/Pdt/2017)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 138
EP  - 143
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.022
DO  - 10.2991/assehr.k.220404.022
ID  - Gunawan2022
ER  -