%A NIM.: 21103040059 Renaldi Putra Samudera
%O Iswantoro, S.H, M.H.
%T ANALISIS YURIDIS PERJANJIAN TUKAR GULING TANAH PERORANGAN SECARA LISAN DALAM PERSPEKTIF KEADILAN (STUDI PUTUSAN NOMOR 241/PDT.G/2016/PN.SMN)
%X Land exchange often occurs in people's lives. These legal actions may be
undertaken by individuals or legal entities, governed by national land laws and
associated regulations. The discussion of the exchange of thesis land is carried out
based on an oral agreement between individuals (person). The author is interested
in discussing this research because the agreement is verbal and there has been object
levering. However, one of the parties committed a default so that a dispute arose
that was resolved at the Sleman District Court. The problem to be examined is
whether the judge's legal considerations in deciding the case are in accordance with
justice. And what is the legal force of a land exchange agreement that is carried out
orally?
The approach and methodology of this research is normative juridical with
secondary data in the form of primary and secondary legal materials. The legal
materials are collected and analysed together with legal principles or norms along
with laws and regulations.
The research findings indicate that the Panel of Judges declares that oral
land exchange agreements in cases before the Sleman Court are valid, as they meet
the legal requirements for an agreement. However, oral land exchange agreements
must also fulfill the material and formal requirements for transferring land rights
under Agrarian Law. Therefore, it is preferable to have written land exchange
agreements, supported by notarial deeds, to facilitate the transfer of land rights. The
Panel of Judges also establishes joint obligations for name reversal administration
and the equitable distribution of case costs. However, the Plaintiff's obligation to
cover renovation costs demonstrates an element of injustice, as both parties were
aware of the condition of the exchanged property and had agreed upon it.
%K Tukar Guling, Perjanjian Lisan, Hak Atas Tanah
%D 2024
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib69299