PROSES PERALIHAN HAK ATAS TANAH MELALUI JUAL BELI DITINJAU DARI PERBEDAAN IDENTITAS PEMEGANG HAKDI KABUPATEN WONOGIRI
Authors
BUDI HARSOYO CAHYONOWINAHYU
Abstract
The purpose of this research is to know the process of registering the
transfer of rights over land at the onogiri District Land Office if the identity of
the holder of the land rights has a difference between what is written in the
certificate of land rights and what is written on the identity card. faced by the
Wonogiri Regency Land Office, and the solutions taken to deal with these
problems.
Legal research used is descriptive research and when viewed from its type,
it includes empirical research using a qualitative approach. Research location in
Wonogiri Regency. The types of data and data sources used are primary data
and secondary data. The data collection technique used is library research both
from books, legislation, documents, and so on, and through observation
(interview) and interviews (interviews). Data analysis techniques use an
interactive analysis model.
The results of this research, first, the procedure for the transfer of land
rights through buying and selling in Wonogiri Regency is in accordance with
Government Regulation Number 24 of 1997 concerning Land Registration. The
procedure for transferring land rights through buying and selling based on
Government Regulation Number 24 of 1997 must fulfill formal material
requirements and requirements. The material requirements cover the subject and
object of the rights to be traded, while the formal terms of sale and purchase of
land rights must be proven by a sale and purchase deed (AJB) made by or in the
presence of a Land Deed Officer. Second, the constraints in the implementation
of the transfer of land rights through buying and selling due to differences in the
identity of rights holders include the culture of people who easily change names,
require a relatively longer process due to additional requirements that must be
fulfilled, namely by making a witness application by witnesses and known by
the Village Head and the local Sub-District Head. Third, the solution is to
provide clear criteria in a statutory regulation so that it does not cause a different
understanding or meaning in determining the resolution of the problem of
changing names.
Keywords: Transition of Land Rights; Buy and sell of Land; Change name.