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JUDUL:KEKUATAN PEMBUKTIAN AKTA OTENTIK DAN AKTA DI BAWAH TANGAN DALAM JUAL BELI TANAH DAN BANGUNAN (STUDI KASUS PUTUSAN MAHKAMAH AGUNG Nomor : 1337 K/Pdt/2017)
PENGARANG:MAWAR BETANTRI RUMAHORBO
PENERBIT:UNIVERSITAS LAMBUNG MANGKURAT
TANGGAL:2020-08-26


 

The results of the research show that the evidencing power of sale and purchase of land and building in a form of unnotarized deed according to Supreme Court?s Judgment  Number 1337 K/Pdt/2017, which is not made before the Land Deed Making Official (PPAT) is equal to an authentic deed but it must be furnished other instrument of evidence such as receipt, witnesses? testimony, the object is under the occupation of the Plaintiff, and there is recognition  by the Defendant on the truth of the existence of sale and purchase of the land and building adanya and become the evidences before the court which has formal ad material evidencing force. In principle, the validity of sale and purchase is regulated in Article 1320 of Civil Code, which has subjective and objective requirements. As long as the above-mentioned subjective and objective requirements have been fulfilled, the  executed sale and purchase has binding legal power upon the parties who have made it. The status of ownership  of land and building based on sale and purchase by virtue of unnotarized deed according to Supreme Court?s Judgment  Number 1337 K/Pdt/2017 is that the sale and purchase between the the Original Plaintiff and the Defendants are lawful, so for the transfer of right of the land and building,  the Plaintiff and the Defendants should make authentic deed of sale and purchase before Land Deed Making Official (PPAT), and then registered at the National Land Board Office in order to keep administrative order, and therefore, the ownership is in the hand of the Plaintiff.

 

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