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The Meaning of the Binding Agreement on the Sale and Purchase of Land Rights in the Perspective of Legal Certainty and Humanity for the Parties

. Masyhuda Nur’ahsan, Arba, Salim H.S, Muhaimin Doctoral Study Program of Law, Faculty of Law, University of Mataram, Indonesia


Abstract

The purpose of this study is first, to discover the meaning, nature and urgency of the binding agreement. Second, to find the purpose, purpose and benefits for the parties when making a binding agreement. The benefit of this research is First, Academically, the findings can be a basic goal for the development and development (law) theoretical, especially in the field of National Agrarian Law, especially related to the sale and purchase of land rights. Second, practically; 1) The results of this study are also expected to be useful for other practitioners, especially for PPAT / Notary in carrying out their duties and obligations so as to be able to makeauthentic deed that can provide certainty and legal order in the field of land, especially in making a deed of sale and purchase agreement on land rights. 2) As a contribution of thought or correction for the government (state) in order to make legal regulations that provide certainty and legal order in the field of land in order to create a legal order in the future. This research is normative legal research. To expand and sharpen this research, the author also conducted empirical approaches as an alternative approach to complement and add to the discussion in the writing of this study. While the problem approach in this study using conceptual approach, statute approach, and using analytical approach. The technique of collecting legal materials in this study was conducted through the study of literature. This study seeks to find primary and secondary legal materials in the field of law, namely (a) primary legal materials in the form of legislation of the 1945 Constitution, UU/Perpu, PP, relevant to this study. (b) Secondary legal materials in the form of books that are of course related to or relevance to the object of this research, papers or articles related to this research. (c) tertiary legal materials, i.e. materials that provide instructions and explanations for primary and secondary legal materials, such as encyclopedias and dictionaries. The results showed that; first, the meaning of the trade binding agreement already includes several fundamental perspectives, namely philosophical, juridical and sociological, and the urgency of the trade binding agreement is a tool that is also influenced by interest factors, and the orientation of the value of the parties is economic value. Second, there are several reasons that the parties choose to use the Deed of Sale and Purchase Binding Agreement such as; 1) for not being able to pay PPh, 2) for not being able to pay BPHTB, 3) for reasons of not knowing the law, 4) for practical and efficient reasons, and so on.

 

Index Terms- Binding Agreement on Sale and Purchase, Land Rights, and Constitution

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