KAJIAN YURIDIS BALIK NAMA SERTIFIKAT DI BAWAH TANGAN ( ANALISIS PUTUSAN NO 53.Pdt.G/2015/PN.Sda )

Abstract

The transfer of land rights is the transfer of land rights from the old right holder to the new right holder according to the provisions of the applicable laws and regulations. There are 2 (two) ways to transfer land rights, namely switching and transferring. Switching indicates the transfer of land rights without any legal action taken by the owner, for example through inheritance. Meanwhile, transfer refers to the transfer of land rights through legal actions carried out by the owner, for example through buying and selling. In Indonesia, the transfer of land rights is based on Government Regulation Number 10 of 1961 concerning Land Registration (PP No. 10 of 1961) as amended by Government Regulation Number 24 of 1997 concerning Land Registration (PP No. 24 of 1997). In Article 37 paragraph (1) PP No. 24 of 1997. t is stated that, "Transfer of land rights and ownership rights to apartment units through sale and purchase, exchange, grants, income in the company and other legal acts of transfer of rights, except for transfer of rights through auctions can only be registered if proven by a deed made by the PPAT authorized according to the provisions of the applicable laws and regulations.†In the transfer of land rights, it can be done by transferring rights such as buying and selling, exchange, grants, auctions, inheritance, transfer of rights due to merger or consolidation and transfer of other rights. The purpose of this study was to find out 1) The considerations of the Tangerang City Land Office in carrying out land registration based on the decision of the Tangerang Religious Court, 2) The implementation of land registration based on the decision of the Tangerang Religious Court regarding the transfer of title certificates on the basis of private sale and purchase. This study uses a normative juridical approach, which is a method of procedure used to solve research problems by examining secondary data sources based on primary and secondary legal sources. The results of this study indicate that: 1) The considerations of the Tangerang City land office in carrying out land registration based on the decision of the Tangerang Religious Court are in accordance with Government Regulation Number 24 of 1997 Article 37 paragraph (2), namely in certain circumstances the head of the land office can register the transfer of rights on land based on a copy of a court decision that has permanent legal force accompanied by an execution report; 2) The implementation of the land registration of the disputed object is based on the decision of the Tangerang Religious Court which has permanent legal force, without having to deed the Land Deed Making Officer (PPAT). The conclusion of this study is that it is known that the registration of the transfer of land rights according to the provisions of Land law Article 37 Government Regulation Number 24 of 1997 must be with a PPAT deed, in this case it can be done with a copy of the Decision which has permanent legal force accompanied by an execution report, without a deed PPAT again.

Keywords: Land registration based on court decision.