AKIBAT HUKUM KETERLAMBATAN PROSES BALIK NAMA SERTIFIKAT HAK MILIK ATAS PEMBELIAN TANAH DI SLEMAN (STUDI PUTUSAN NOMOR 165/PDT.G/2022/PN Smn)

Faryza Zulfy Redina, NIM.: 19103040053 (2023) AKIBAT HUKUM KETERLAMBATAN PROSES BALIK NAMA SERTIFIKAT HAK MILIK ATAS PEMBELIAN TANAH DI SLEMAN (STUDI PUTUSAN NOMOR 165/PDT.G/2022/PN Smn). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The transfer of land rights is one of the legal actions that results in the transfer of land rights from the original owner to another party, one way to transfer land rights is through buying and selling. In transferring land rights through buying and selling, a juridical surrender or transfer of names is required. The purpose of changing the name is to strengthen the buyer's rights as the new owner and to reduce disputes because land rights have been legally transferred. Unlike the case of Yemima Mega Riawan, who was late in registering the transfer process at the Sleman District Land Office, so she received a rejection when registering because the seller's address was no longer known. Therefore the Sleman Regency Land Office advised Yemima Mega Riawan to file a lawsuit with the Sleman District Court so that Yemima Mega Riawan could re-submit the process of transferring names to the Sleman Regency Land Office. The main problem in this research is what are the legal consequences of delays in the process of transferring the name and what legal remedies are taken by the buyer in purchasing the land. The type of research used in the preparation of this thesis is field research and library research, using a Juridical Empirical research approach. The data source in this study is primary data which is data obtained directly by interviewing the plaintiff in Court Decision Number 165/Pdt.G/PN Smn. This research is a descriptiveanalytical research, with data collection techniques using interview techniques. From the results of the study, it was shown that due to the delay in the transfer of names carried out by Yemima Mega Riawan, there was an element of default by Alif Ardi Rahman, namely being late in fulfilling his achievements. As a result, Yemima Mega Riawan wants the agreement to remain and the fulfillment of the agreement is the handover of the title certificate. So that the certificate owned by Yemima Mega Riawan does not get certainty that the legal certificate has not changed its name, because Ardi Rahman no longer knows its whereabouts. Efforts made by Yemima Mega Riawan to obtain legal certainty regarding the certificates she owns are by filing a lawsuit at the Sleman District Court to obtain permission to process the transfer of names to the Sleman Land Office in accordance with Article 125 point 2 letter a Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration.

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