ANALISIS YURIDIS PERJANJIAN TUKAR GULING TANAH PERORANGAN SECARA LISAN DALAM PERSPEKTIF KEADILAN (STUDI PUTUSAN NOMOR 241/PDT.G/2016/PN.SMN)

Renaldi Putra Samudera, NIM.: 21103040059 (2024) ANALISIS YURIDIS PERJANJIAN TUKAR GULING TANAH PERORANGAN SECARA LISAN DALAM PERSPEKTIF KEADILAN (STUDI PUTUSAN NOMOR 241/PDT.G/2016/PN.SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

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.

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