eprintid: 49569
rev_number: 10
eprint_status: archive
userid: 12259
dir: disk0/00/04/95/69
datestamp: 2022-02-22 06:48:14
lastmod: 2022-02-22 06:48:14
status_changed: 2022-02-22 06:48:14
type: thesis
metadata_visibility: show
creators_name: DIKA AZMI SYUHADA, NIM: 17103080001
title: PELAKSANAAN JUAL BELI TANAH TIDAK BERSERTIFIKAT
DALAM PERSPEKTIF  HUKUM POSITIF DAN HUKUM ISLAM 
(Studi Kasus Di Desa Bandar Pulo Kecamatan Bandar Kabupaten Simalungun
Provinsi Sumatera Utara)
ispublished: pub
subjects: eko_sya
divisions: ek_syariah
full_text_status: restricted
keywords: Certificate, buy and sell. Land rights
note: DR. H. HAMIM ILYAS, M.Ag
abstract: This study aims to know and analyze the perspective of Positive Law and
Islamic Law on the implementation of buying and selling uncertified land in
Bandar Pulo Village, Bandar District, Simalungun Regency, and North Sumatra.   
This study uses a field study (field research).  The technique of collecting
data in this study was by interviewing Village Government Officials and some
people in Bandar Pulo Village.  This study uses an empirical juridical approach,
namely by bringing the problem closer by looking at legal principles related to
legislation and then comparing it with data obtained directly in the field.  While
the nature of this research is descriptive analysis.  
In the implementation of the sale and purchase of land that occurred in
Bandar Pulo Village.  Bandar District.  Simalungun Regency.  North Sumatra. 
The seller in this case the first party only has a letter of surrender of land rights
and only signed by Pangulu Nagori (Village Head), and there is also a binding
sale and purchase agreement (PPJB) or an underhand agreement in the sense that
it is not in the form of an authentic notarial deed.  But only in the form of an
ordinary agreement made by both the seller and the buyer.  And there are still
some residents who do not have any letters at all.  The contract that takes place
usually occurs by fellow families between the two parties, the buyer and the
seller, and it is felt that they do not meet the terms and conditions that have been
in force. And in terms of measuring the area of land ownership, it is only done
manually by the party concerned and it is feared that there will be an error. 
Understanding or inaccuracy in the measurement of the land area.  This kind of
thing has the potential to cause disputes in the future.  Based on the results of
research and data analysis that has been done.  It can be concluded that based on a
positive legal review.  The sale and purchase of uncertified land according to
positive law in Indonesia, which is carried out in accordance with the provisions
of Law Number 5 of 1960 concerning the Basic Regulations of Agrarian. 
Government Regulation Number 24 of 1991 concerning Land Registration. 
Regulation of the Minister of State for Agrarian Affairs/Head of the National
Land Agency Number 3 of 1991 concerning Provisions for the Implementation of
Government Regulation Number 24 of 1991 concerning Land Registration makes
the sale and purchase of land that has not been registered legal and obtains
guarantees of certainty and legal protection according to the provisions of the
legislation in force in Indonesia.  Indonesia.  Based on a review in Islamic Law. 
The practice of buying and selling uncertified land is legal.  If the practice of
buying and selling land without a certificate is carried out using a letter of sale
and purchase known to the witnesses, then the law is valid.  Because the sale and
purchase is clear and there are no more worries in the future regarding the
ownership of the land
date: 2021-12-17
date_type: published
pages: 125
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI'AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   DIKA AZMI SYUHADA, NIM: 17103080001  (2021) PELAKSANAAN JUAL BELI TANAH TIDAK BERSERTIFIKAT DALAM PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM (Studi Kasus Di Desa Bandar Pulo Kecamatan Bandar Kabupaten Simalungun Provinsi Sumatera Utara).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/49569/1/17103080001_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/49569/2/17103080001_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf