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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP JUAL BELI HAK ATAS TANAH SECARA LISAN (STUDI PUTUSAN NOMOR 38/PDT. G/2022/PN.TRG)
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| Subjek | : |
Land tenure
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| Pengarang | : |
Andika Verdiyansyah
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.043 2 VER t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Land is a very important asset for human life. Humans in their lives are never
separated from land. The important function of land is one of the main sources for human
survival and the nation's livelihood in achieving the greatest prosperity of the people. The
problem in this study is regarding the validity of the oral land sale and purchase agreement,
how is the land transfer process in decision No.38 / Pdt.G / 2022 / PN.Trg.
The method used in this study is normative juridical with a statutory approach. The
specification of analytical descriptive research is associated with theory. The data used is
secondary data used by collecting data using a Decision study presented through a
systematic and logical description in the form of narrative text, then analyzed qualitatively
normatively.
Based on the results of the research and discussion, it can be concluded that the Panel
of Judges ratified the land sale and purchase agreement based on customary law and
Article 1320 of the Civil Code. However, the land sale and purchase agreement must meet
formal requirements, namely making an authentic deed by and before the PPAT. to transfer
land rights, which are the objects of the sale and purchase. And secondly, in the land sale
and purchase agreement there are two achievements that must be fulfilled, namely handing
over something and doing something. In the decision, the parties have carried out the
achievement of handing over something, but in the second achievement, the defendant has
not done something, namely making an authentic deed by and before the PPAT, then the
defendant has not carried out his performance perfectly, therefore the defendant was
declared by the panel of judges to have committed a breach of contract.
Keywords: Oral Sale and Purchase, Breach of Contract, Transfer of Land Rights.
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