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Peralihan Hak dalam Jual Beli Hak Atas Tanah (suatu Tinjauan terhadap Perjanjian Jual Beli dalam Konsep Hukum Barat dan Hukum Adat dalam Kerangka Hukum Tanah Nasional)

Nur Hayati
Diterbitkan 2016

Abstrak

Ownership of land is the right one material that is important in human life. Along with the increasing human population require soil as a space, then the ownership of the land had been developed, both in the concept of ownership and the laws that govern them. A characteristic of a society, will affect the land law in force in that community. In its development, land law in Indonesia is influenced by some legal systems, the law of the land heritage Dutch colonial government, known as the Western legal, customary land law is a heritage, as well as the National Land Law that was born from the authority of the legislature, Indonesia after independence. In buying and selling land rights, there are two issues that can be studied, the first transition How does the concept of land rights in terms of buying and selling by the National Land Law? second, How Land registration function on the Sale and Purchase according to the National Land Law? By doing normative approaches Library Research (Research Library) and descriptive writing this using secondary data with primary legal materials in the form of legislation, secondary legal materials such as books and scientific papers, as well as tertiary legal materials in the form of a dictionary. Analysis was done using qualitative data analysis method that is both analytical perspective. The conclusion after research is the concept of transitional land rights within the framework of the sale and purchase according to the National Land Law is based on the principles of customary law "Bright and Cash". Thus, the function of land registration in the Sale and Purchase according to the National Land Law is not a condition of transfer of rights, but rather to strengthen and expand the evidence that the transition of the land rights have occurred

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