FINAL DRAFT
Land Mafia Cases of Forgery of PPJB (Sales and Purchase Agreements) and Falsification of Personal Data in the Property Business
(Case Study of Land Disputes in the Setia Mekar Tambun Selatan Area)
Supporting Lecture
Handa S. Abidin, S.H., LL.M., Ph.D
Arranged by :
MAHARDIKA DIRGANTARA ( 017202100040 )
Law Study Program, Faculty of Humanities, President University
Jababeka Education Park, Jl. Ki Hajar Dewantara, RT.2/RW.4, Mekarmukti, Kec. North Cikarang, Bekasi Regency, West Java 17530
2022/2023
Foreword
The author would like to thank Allah SWT, who has given the author the grace and guidance to complete this thesis well. One of the requirements for obtaining a law degree is writing a thesis.
One case of falsification of PPJB and personal data by the land mafia in the property business is discussed in thissthesis.s
Theeauthor realizess thatt manyy parties havee helpedd andd supportedd the writing off thissthesis.sThe author would like to thank:
1. My beloved family who always supports, encourages and prays for the author
2. Thank you to the supervisor, [...] who has provided invaluable guidance, instructions and suggestions during the process of writing this thesis.
3. My friends who always encourage and support me to complete this thesis
This thesis is expected to increase knowledge and practice in the property sector, especially on how to prevent and combat cases of falsification of PPJB and personal data by the land mafia.
Finally, the author hopes that Allah SWT's grace and blessing will always be abundant for all of us.
Bekasi, 8 November 2023 writer
Mahardika Dirgantara
LIST OF CONTENTS
Foreword 2
LIST OF CONTENTS 3
ABSTRACT 5
CHAPTER 1 6
INTRODUCTION 6
A. Background 6
B. Problem Formulation 7
C. Research Objectives 8
D. Benefits of Research 8
CHAPTER ll 8
LITERATURE REVIEW 8
A. Agreements in General 8
1. Understanding Agreement 9
2. Validity Terms of Agreement 10
3. Legal principles of agreements in the property business 10
4. Agreement settings 11
5. Various Agreements 12
B. General Overview of Land Buyer Protection Agreements to Land Sellers 13 1. The meaning of a land buyer's protection agreement with the land seller 13
2. Rights and obligations of land buyers 14
A. Rights of Land Buyers: 14
B. Land Buyer Obligations: 14
3.Land Seller's Rights and Obligations According to the Sale and Purchase Agreement 15 The land seller's rights and obligations under the terms of the sale and purchase agreement are as follows, along with the relevant legal statutes: 15
A.Rights for Land Owners: 15
B.Land Seller's Duties: 15
4.contents of the Sale and Purchase Agreement (PPJB), which serves as a typical
contract between the land buyer and seller 16
5. Parties involved in land purchase and sale The following parties are involved in land purchases and sales, along with the relevant laws: 16
CHAPTER III 17
FINDINGS AND DISCUSSION 17
A. Legal Protection for Buyers Who Bind themselves to Land Sellers in a Binding
Agreement of Buying and Selling 17
B. The responsibility of the seller towards the buyer who buys an object in the form of
the land he purchased 19
1. The duties of the seller as stated in the sales contract 19
2. Responsibility he leaves her vendor 20
C. Legal Remedies in Land Disputes 20
1. Litigationally 20
2. Non-Litigation 20
CHAPTER IV 20
CONCLUSION 20
BIBLIOGRAPHY 22
Land Mafia Cases of Forgery of PPJB (Sales and Purchase Agreements) and Falsification of Personal Data in the Property Business
(Case Study of Land Disputes in the Setia Mekar Tambun Selatan Area)
Mahardika Dirgantara PRESIDENT UNIVERSITY
Email :[email protected]
ABSTRACT
In Indonesia, problems often occur with the land mafia andcase forgery identity Of Real estate sector. Aa landd mafiaa is ann individuall, a groupp orr organization thatt do an obtuse on purpose commit one criminal act can cause and hinder prosecution of the matter land. The practice of land mafia involves many parties starting from village heads, village heads, sub-district heads, circles professional, officer land auctions, and others. Reason land mafia can operate Because Information land ownership registered Of Sub-district, tax offices, and BPM is not accurate, thus causing disputes and incident land in society. The government publishes Technical Instruction No.1/JUKNIS/D.VII/2018onpreventionnandd control of the territory mafiaa. Criminal sanctions can be dropped on mafia law. The community as land owners can take precautions babe alert to activity suspicious land mafia and can cause losses. A number of effort Whichmust carried out to eradicate the land mafia, among other things, by using judicial tools. Apart from that, the public can also exterminate land mafia by means of paying attention to suspicious activities and potential land mafia harm. Forgery PPJB (Sales Purchase Agreement) and falsification of personal data also frequently occurs in the real estate sector. This can be detrimental to society financially and in some cases rights society can defend due to forgery AJB. Therefore, people must be careful in doing so real estate transactions and make sure document authorization is needed.
SayKey: land mafia, PPJB falsification, falsification of personal data, criminal instruments, prevention and liquidation, land mafia,real estate.
ABSTRACT
In Indonesia, land mafia problems and identity fraud cases often occur in the real estate sector. A landd mafiaa is ann individuall, grouppaanddoor legall entity who intentionally commits a criminal act that can give rise to and hinder the prosecution of land cases. Land mafia practices involve many parties starting from village heads, village heads, sub-district heads, professionals, land auction officers, and others. The reason the land mafia can operate is because land ownership information registered at the sub-district, tax office and BPN is inaccurate, giving rise to land disputes and incidents in the community. The government issuedd technicall instructionss number 1/JUKNIS/D.VII/20188 regarding preventing and eradicating land mafia. Criminal sanctions can be imposed on the legal mafia. The public as land owners can take precautions by being aware of suspicious land mafia activities that can cause losses. Several efforts must be made to eradicate the land mafia, including using criminal justice tools. Apart from that, the public can also take part in eradicating the land mafia by paying attention to suspicious and potentially detrimental land mafia activities.
Forgery of PPJB (Sales and Purchase Agreements) and falsification of personal data also often occur in the real estate sector. This can harm the community financially and in some cases the community's rights can be compromised due to AJB counterfeiting. Therefore, people must be careful in real estate transactions and ensure the correctness of the required documents.
Keywords: land mafia, PPJB falsification, falsification of personal data, criminal instruments, prevention and liquidation of land mafia, real estate.
CHAPTER 1 INTRODUCTION
A. Background
Real estate trading is activity commercial in the field owned real estate by individuals or companies. Business Real estate can be plot land, buildings,houses and entire infrastructure Whichhe has. Real estate activities include rental and purchase and sale of real estate. Business Real estate is one form of business Which Considered profitable. Apart from that, the real estate business can provide long-term profits for investors.Real estate transactions can also be done online using various websites and applications.In the real estate business, there are risks that should be considered, such as market risk, legal risk, and financial risk. Therefore, before starting a business real estate, research needs to be done and
determination of clear business goals. Development Real estate in Indonesia grew very rapidly in one decade. The need for apartments and offices keep increasing,this causes business real estate to grow rapidly.
The law that regulates land ownership in Indonesia is Law Number 5 of 1960 concerning Basic Land Regulations (UUPA). UUPA regulates property rights, business use rights, building use rights, land use rights and rental rights. Apart from that, UUPA also regulates land registration and land certificates. However, there are still many cases of land mafia falsifying land documents such as PPJB and land certificates.
The real estate business in Indonesia is often plagued by land mafia cases that falsify sales and purchase agreements (PPJB) and falsify personal information, which can lead to disputes between property buyers and sellers. In the Setia Mekar Tambun Selatan area, there is a case study of land disputes resulting from falsification of PPJB and falsification of personal information. The activities of the land mafia cause losses to the victims, who are usually developers who are deceived by the syndicate's devious activities in order to make a profit. PPJB or binding sales contract is used by buyers and sellers of property, land and buildings as binding collateral if the transaction has not been carried out in cash. In this buying and selling process, the seller transfers the goods and the buyer gives the money, with conditions that must be fulfilled by both parties. During the buying and selling process, the parties cannot sign a sales contract at a notary, because no payment has been made for the sales transaction, so the parties must sign a binding contract to guarantee that the parties remain bound, so there must be an agreement first. signed.sales and purchases require a contract called PPJB. Forging PPJB and falsifying personal information can cause financial and reputational harm to real estate buyers and sellers. Apart from that, it is difficult for foreign investors to invest in the real estate sector in Indonesia because the real estate business is hampered by prolonged land disputes with elements of the land mafia. Investors from outside the region have to think a thousand times before investing their capital, because they really consider security factors and the investment they make must be profitable.
B. Problem Formulation
Basedd on thee abovee, thee formulationn off thee research problemm iss ass followss::
1. What about the land mafia involved falsifying PPJB and falsifying personal information in the real estate sector, especially in the case study of land disputes in the Setia Mekar Tambun Selatan area?
2. What is the impact of PPJB falsification and falsification of personal information on property buyers and sellers?
3. How do you handle land mafia cases of PPJB falsification and falsification of personal information in the real estate industry?
C. Research Objectives
1. Investigate cases of land mafia committing PPJB falsification and counterfeiting private information in the real estate sector, specifically from case study of land disputes in the Setia Mekar area of South Tambun.
2. Understand the impact of talk and imitation of PPJB on real estate buyers and sellers 3. Knowhow to handle land mafia cases PPJB counterfeiting and counterfeiting
information privately in the real estate industry.
D. Benefits of Research
1. Providing information regarding cases of land mafia committing PPJB falsification and counterfeiting private information in the real estate sector, especially dispute case studies in the area of Setia Mekar Tambun Selatan.
2. Give Outlook regarding the impact of PPJB counterfeiting and counterfeiting information personal to property buyers and sellers.
3. Provide solutions to land mafia case related PPJB counterfeiting and counterfeiting information private in the real estate sector.
CHAPTER ll LITERATURE REVIEW
A. Agreements in General
The Binding sale and purchase agreement (PPJB) is something agreement between buyer and seller item Whichload contract regarding price of an item, conditions and provisions sell buy PPJBplay a role important in transactions property, because PPJB is valid evidence contract has occurred between property sellers and buyers.In general PPJB contains important points such as:object of agreement sale and purchase, seller's obligations and guarantees, obligations to the buyer and content of the agreement.However land mafia case often fake PPJB and documents other land forget illegal profits.Method Whichdone land mafia many kinds of, like forgeryland documents such as PPJB and land certificates.Activity land mafia cause losses to the victims who usually are the rich people
who cheated by the devious activities of the syndicate for profit. Therefore, mafia perpetrators' land needs to be stopped and dealt with firmly according to the relevant legal framework. This is avoidable by increasing public awareness of the importance of registration of property and certificates natives for land. Besides that,the enrollment and certification process in that country needs to be strictly monitored. Strict action may be given to land mafia perpetrators falsifying land documents such as PPJB and land certificates.
1. Understanding Agreement
A Sales and a Sale and Purchase Agreement (PPJB) is an agreement between the seller and buyer of an item which contains an agreement regarding the price and terms of sale and purchase of an item. PPJB plays an important role in property transactions because PPJB is a valid contract. proof of the existence of a contract between the buyer and seller of the product. PPJB usually takes the form of documents used in the real estate sector, such as land or house transactions. This document is made before the property is paid off and before the PPAT (Land Survey Officer) officially makes thee Salee andd Purchasee Deedd (AJB). PPJB iss made beforeehaving Notary status and becomes an authentic deed.PPJB has several main functions in buying and selling property, including contract binding: PPJB clearly regulates various sales conditions, such as price, time of delivery. and payment. In this way, PPJB creates legal obligations for both parties. Legal guarantee: PPJB acts as a legal guarantee for both parties in the property buying and selling process. The PPJB can be used as legal evidence in future legal disputes. Asset Protection: PPJB also regulates the protection of other people's assets. Because, PPJB binds sellers and buyers in a property sale and purchase agreement. However, land mafia cases often falsify PPJB and other land documents to gain illegal profits. Therefore, land mafia perpetrators must be prevented and take firm action in accordance with applicable laws.PreventionCan doneuse raise enlightenment inhabitant about the importance of registration property and original property certificates, apart from that, strict supervision of property registration is also required. Action against perpetrators of land fraud can be carried out by taking firm action against perpetrators of falsifying land documents such as PPJB and land certificates.
2. Validity Contract terms
The conditions for the validity of a contract are regulated in Article 1320 of the Civil CodeThe following are the four conditions for a valid agreement:
1. Their binding agreement: The parties in the contract must agree and promise to perform the contract. There should be no coercion or pressure at the time of making
the contract.Capacity reach an agreement: The parties conclude an to an agreement must have that ability or skill to make an agreement. These skills include legal abilities, physical abilities and mental abilities.
2. A specific subject matter: The agreement must have a clear and specific subject matter or object. The subject matter can be goods, services, or rights.
3. Reasonsss are not prohibited: The agreementtt must have a valid reason or not conflict with law, morality or public orderrr
3. Legal principles of agreements in the property business
1. A sale and purchase agreement is a form of agreement that creates an obligation or obligation to provide something. The agreement is consensual.
2. In the Real estate sector, It is important to ensure that all documents and personal data used in buying and selling land are original and appropriate contracts which have been agreed. If documents or data are privately forged, the country's trade agreements can be canceled and the culprit can face criminal criminal.Cancellation of the land sale and purchase agreement due to falsification of personal data in front of him Notaris/PPAT can be done. Property business actors and buyers are required to execute a purchase and sale deed through PPAT by completing documents such as Resident Identity Card, Family Card, Seller's Tax.
3. Falsifying personal data with the aim of benefiting oneself and harming others is charged under Article 66 of the PDP Law. The penalty for falsifying personal data is a maximum imprisonment of 6 years and/or a maximum fine of IDR 6 billion.
4. Falsification of property documents is increasingly common in the property business. Make sure that the contents are in compliance with the terms of the Sale and Purchase Agreement and the Sale and Purchase Deed (AJB).
For dabbling in world property business,One matter Whichabsolute is required misunderstanding deep about laws Whicharrange agreement. This becomes key so that Transactions for buying and selling land are possible. safely and in accordance with various rules that happen on that moment. Front make sure that all documents and personal data used in land sales transactions are original and in accordance with the agreement which was approved. If documents or data personal falsified, agreement the country's trade can be canceled and the culprit can be charged criminal sanctions.
4. Agreement settings
Important to arrange agreements in the property business use ensure that all parties involved understand and agree to the contents of the agreement.But, inmatter falsification of PPJB (Sales and Purchase Agreements) and falsification of personal data in the property
business carried out by the land mafia,agreement the to no valid because the documents and data used are not original.
When doing business Of Industry property, it is important to truly understand how important method us arrange is. We must ensure that all documents used in land purchase and sale transactions are original and in accordance with agreement which has been made.
When happen falsification of documents or personal data, then the agreement has been made agreed will considered does not apply and the perpetrator can undergo punishment criminal.For that, it becomes important to prevent and delete land mafia practices so that the property business can operate safely and in accordance with the applicable regulations.
Following This is a law relating to the importance of arranging agreements and falsifying documents in business property.
1. Trees Agraria is a law that was established in 1960 with No5, which regulates land rights and business agreements.
2. Law Number 30 of 1999 regulates methods for resolving property business disputes.
3. On Law Number 11 of 2008 concerning Information and Electronic Transactions(ITE), an action for falsification of documents and personal data happens infield business property.
4. Law Number 30 of 2014 concerning Government Administration Discuss about implementation governance optimal infield business property.
In world property business, important for us to understand the applicable laws and inspect is Documents and personal data used in land buyingganddsellinggtransactionssare original ass welll ass innaccordance with the agreed upon agreement.When happen action falsification of documents or personal data, then the agreement has been made agreed Nowill valid and the perpetrator can shared with criminal sanctions.For That's very important to do effort prevention and eradication of land mafia practices use guard smoothness property business in accordance with rule that happened.
5. Various Agreements
The following are various agreements in the property business related to cases of falsification of PPJB and personal data by the land mafia along with laws and legal opinions:
1. Agreement between seller and buyer to conduct land buy and sell transactions is known such as a sales contract (PJB).PJB have to fulfill that conditions agreed upon by both parties and regulated innArticlee1320 offtheeCivillCodee.
2. A Lease Agreement is an agreement made between the landowner and the tenant to rent out the land. This agreement must fulfill the conditions agreed upon by both parties and regulated in Article 1543 of the Civil Code.
3. A Grantt Agreementt is an agreementtmade betweennthe grantor and the grantee to grant land rights. This agreement must fulfill the conditions agreed upon by both parties and regulated in Article 856 of the Civil Code.
4. Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) regulates land rights and agreement arrangements in the property business
5. Fraud involving documents and personal information in the real estate industry is governed by Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE).
6. In cases of falsification of PPJB and personal data by the land mafia, the agreement arrangements become invalid because the documents and data used are not genuine.
Therefore, the perpetrator may be subject to criminal sanctions.
7. In cases where the land mafia falsifies personal data and PPJB, the legal opinion is that this practice is illegal and may result in criminal penalties. Therefore, in order for the real estate industry to operate safely and in compliance with relevant regulations, it is imperative Prevent and eradicate land mafia activities.
In the property business, it is important to understand the various agreements related to land buying and selling transactions and ensure that all documents and personal data used in land trading are original and in accordance with the agreed agreements. If there is falsification of documents or personal data, then the contractual arrangements become invalid and the perpetrator may be subject to criminal sanctions. Therefore, it is necessary to prevent and eradicate land mafia practices so that the property business can run safely and in accordance with applicable regulations.
B. General Overview of Land Buyer Protection Agreements to Land Sellers 1. The meaning of a land buyer's protection agreement with the land seller
A land sale and purchase agreement is a binding agreement between the seller and the buyer, where the seller hands over ownership rights to an item, and the buyer covers the agreed-upon cost. There are rights and obligations that develop between the seller and the buyer in a land sale and purchase agreement. The buyer is responsible for paying the agreed-upon land price, and the seller is responsible for giving the buyer the land. A land sale and purchase agreement must be legally executed and followed by a handover agreement in order to protect the buyer. A public official known as a "Land Deed Maker Official" (PPAT) is authorized to prepare authentic documents in this regard specific juridical acts pertaining to country law or unit ownership rights. Legal documentation attesting for transfer
through property rights over land and structures to a new owner is Buying and Selling Law (AJB). AJB is done before the end of the PPAT or subregion for certain areas where PPATs are still rare. Buyers must also ensure that the land to be purchased does not have related legal defects, such as ownership disputes or environmental problems. Buyers can ask for legal protection if they experience losses due to their attitude. The seller is not good during the transaction. The Indonesianprivate law
Regulates buying and selling land According to Article 1320 of that private law, a land sale and purchase agreement must be valid if both parties reach a binding agreement, both parties have expertise, and there is a valid reason to provide legal defense for well-intentioned purchasers.
Ensuring the execution of The agreement for the sale and purchase is crucial in addition land buyer's protection agreement with the land seller.legally and is followed by a delivery agreement. The buyer must also ensure that the land to be purchased does not contain legal defects. If problems occur, buyers can seek legal protection. The law that regulates theesaleeanddpurchaseeofflanddin Indonesia is the Civil Code (KUHPerdata). Thatt conditions for the validity of a land sale and purchase agreement in accordance with Article 1320 of the private law are the existence of an agreement that binds both parties, the existence of the skills of both parties, the existence of certain things, and the existence of a lawful cause. Buyers are granted legal protection when purchasing and selling land with the best of intentions. A land The agreement for theesaleeanddpurchasee. theesellerrhas thee The importance of carrying out tasks for hand over that land to the buyer in accordancee withh thee agreed agreementt. Theh sellerj must also ensure that the land sale and purchase transaction is carried out legally and is followed by a delivery agreement. The seller must also ensure that the land to be sold does not contain legal defects, such as ownership disputes or environmental problems. The laws related to the rights and obligations of land sellers are the Civil Code (KUHPerdata) and Law Number 5 of 1960 concerning Basic Agrarian Regulations.
2. Rights and obligations of land buyers
The following are the rights and obligations of land buyers along with related legal laws:
A. Rights of Land Buyers:
● Have rights to land that have been purchased and are legally recognized.
● Get legal protection if problems occur in land buying and selling transactions.
● Make sure the land you want to buy does not have legal defects such as environmental problems or ownership disputes.
B. Land Buyer Obligations:
● Pay the agreed land price.
● Ensure that land sale and purchase transactions are carried out legally and are followed by a handover agreement.
● Make sure the land you want to buy does not have legal defects such as environmental problems or ownership disputes.
The Civil Code governs the rights and responsibilities of land purchasers (KUHPerdata).According to Article 1457 of the Civil Code, a sale and purchase agreement is a contract wherein one party agrees to transfer an item and the other agrees to pay the agreed-upon amount. The requirements Share a valid agreement are governed by Article 1320 of the private law , which states There it is must be anThe parties involved in the agreement have the authority to act legally, having a mutually agreed-upon goal, and not breaking any relevant legal laws. The Civil Code's Article 1338 governs whether or not an agreement is binding on its parties. Aside from that, land rights and their transfer are governed byy Laww Numberr 55 off 19600 concerningg Basicc Agrariann Principles Regulationss.
3. Land Seller's Rights and Obligations According to the Sale and Purchase Agreement
The land seller's rights and obligations under the terms of the sale and purchase agreement are as follows, along with the relevant legal statutes:
A.Rights for Land Owners:
● Receive payment of the agreed land price.
● Ensure that land sale and purchase transactions are carried out legally and are followed by a handover agreement.
● Make sure the land to be sold does not have legal defects such as environmental problems or ownership disputes.
B.Land Seller's Duties:
● Transfer the land to the buyer according to the terms of the agreed purchase and sale agreement.
● Make sure that all land purchases and sales are completed lawfully and with a handover agreement in place.
● Ensure that the land to be sold does not contain legal defects, such as ownership disputes or environmental problems.
The Civil Code (KUHPerdata) governs the rights and responsibilities of land sellers.
According to Article 1457 of the Civil Code, a sale and purchase agreement is a contract in which one party agrees to transfer an item and the other agrees to pay the agreed-upon amount. The existence of an agreement between the parties is one of the requirements for the current contract, as outlined in Article 1320 of the private law , possessing the ability to act legally, having a mutually agreed-upon goal, and not breaking any relevant legal laws.
The Civil Code's Article 1338 governs whether or not an agreement is binding on its parties.
In addition, land rights and their transfer are governed by Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles.The seller in the land sale and purchase agreement must hand over the land to the buyer according to regulations agreed agreement. In addition, salesman must ensure that that land sale and purchase agreement transaction are carried out legally and at transfer to an agreement Seller must also ensure that the land to be sold has no legal defects.such as ownership disputes or environmental issues. The laws related to the rights and obligations of land sellers are the Civil Code (KUHPerdata) and Law Number 5 of 1960 concerning Basic Agrarian Regulations.
4. Contents of the Sale and Purchase Agreement (PPJB), which serves as a typical contract between the land buyer and seller
The PPJB, which serves as a standard contract between the land buyer and seller, contains the following clauses:
● The identity of the vendor and buyer, including address and identification number.
● Identity of the land to be sold, including land area, certificate number and land location.
● The selling price of the land that has been agreed upon by both parties.
● The agreed payment term and method of payment.
● The agreed land handover period.
● Obligations of sellers and buyers in land Purchase and sale agreements.
● The seller's assurance regarding that condition of the land to be sold, such as that there are no ownership disputes or environmental problems.
● Sanctions or consequences that will be applied if one of the parties fails to carry out their end of the bargain.
PPJB is governed by two laws: the Law on Agricultural Statutes No. 5 of 1960 and the Civil Code (KUHPerdata). PPJB has a seller and; the obligation to transfer the land to the buyer according to the terms of the contract. In addition, it is the responsibility of the seller and to ensure that the sale and purchase of the land is carried out legally and in
accordance with the terms of the transfer agreement. In addition, the seller must ensure that there are no legal defects on the land being purchased, such as environmental problems or ownership disputes. The buyer is obliged to pay the agreed land price and take care of the land.
5. Parties involved in land purchase and sale
The following parties am involved in land purchases and sales, along with the relevant laws:
1. Land seller: the entity holding the land's rights and sells it to that buyer. Horizontal Principles and Purchases and Sales of Land Transactions pertaining to land and buildings are goods and prices. Referring to Article 1457 of the Civil Code ("Civil Code"), sale and purchase is... an agreement in which one party binds himself to deliver an item and the other party to pay the promised price.
2. Land buyer: the party who buys land from the seller. Horizontal Principles and Transactions involving buildings and land are similar to those involving goods and prices. A sale and purchase agreement, according to Article 1457 of the Civil Code ("Civil Code"), is an arrangement wherein one party agrees to deliver an item and the other party agrees to pay the agreed-upon price.
3. Land Rights Official (PPAT): A public official who has the authority to sign documents approved to carry out certain legal acts relating to land rights or ownership rights.
4. Lurah or local village head: the party who issues a certificate that there is no dispute over land.
5. National Land Agency (BPN): government agency responsible for land management and land certificates.
6. Government: the party that organizes and supervises the buying and selling of real estate through compliance with relevant laws and rules.
the Civil Code (KUHPerdata), Law No. 5 of 1960 on the Basic Principles of Agriculture and the regulations of the National Land Board (BPN) are the laws that apply to the purchase and sale of land. In a land purchase-sale transaction, the seller is obligated to transfer the land to the buyer according to the terms of the contract. In addition, the seller is responsible for ensuring that the supply contract is concluded and that the sale and purchase of the plot is carried out legally. In addition, the seller is responsible for ensuring that no legal problems arise on the land being sold, including ownership disputes or environmental problems. The buyer is obliged to pay the agreed land price and ensure that the land is sold legally and in accordance with the lease agreement and conditions. Buyers should also ensure that there is no illegal material such as real estate disputes or environmental issues in the country they are buying from.
CHAPTER III
FINDINGS AND DISCUSSION
A. Legal Protection for Buyers Who Bind themselves to Land Sellers in a Binding Agreement of Buying and Selling
According From the Buyer Protection Law
Law Number 8 of 1999 concerning Consumer Protection and Law Number 30 of 2004 concerning Legislation in the Field of Environmental Management are the laws that pertain to protecting land buyers. According to research, there are a number of factors that should be taken into account when providing buyers with legal protection in land purchase and sale transactions, such as:
1. Buyers obtain legal protection on the land they purchase..
2. Buyers have legal certainty over the land they buy.
3. Buyers must ensure that the land they purchase does not have any legal defects such as environmental problems or ownership disputes.
4. The seller must ensure that the land to be sold does not contain legal defects, such as ownership disputes or environmental problems.
5. PPAT must ensure that land sale and purchase transactions are carried out legally and are followed by a handover agreement.
Apart from that, there are legal protection measures for auction buyers under Article 6 UUHT, namely as follows:
1. Preventive Protection.
2. Repressive Protection.
The seller must transfer the land to the buyer in line with the terms of the agreement in a land sale and purchase transaction. It is imperative for the seller to guarantee that the land sale and purchase transaction is executed lawfully and in compliance with the terms of the transfer agreement. The seller also has to make sure that there are no legal flaws on the land, like ownership disputes or environmental issues. The purchase price of the land is payable by the buyer.
2. The Government's Role in Guiding and Supervising Sale and Purchase Agreements in Land Mafia Cases of Forgery of PPJB (Sales and Purchase Agreements) and Falsification of Personal Data in the Property Business
The government has an important role in developing and supervising sales and purchase binding agreements (PPJB) in land mafia cases, including falsification of PPJB and falsification of personal data in the property business. The laws related to this are Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles and Law Number 8 of 1999 concerning Consumer Protection. The following is the government's role in fostering and supervising sales and purchase binding agreements along with related laws.
Providing supervision and guidance to the public when purchasing and selling land through responsible government institutions such as the National Land Agency (BPN). This is regulated in the Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. Regulates and supervises land sale and purchase transactions through applicable laws and regulations, such as Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles and Law Number 8 of 1960. 1999 Concerning Consumer Protection Providing legal protection to buyers when purchasing and selling land , including providing legal certainty over the land purchased and ensuring that the land to be purchased does not have legal defects such as ownership disputes or environmental problems. This is regulated in Law Number 8 of the Year 1999 concerning Consumer Protection. Supervise business actors in trading through electronic systems, including land buying and selling transactions.
This is regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions.
The government also has a role in providing sanctions or consequences that will be applied if one party does not fulfill its obligations in the agreement. This aims to prevent land mafia practices and falsification of PPJB and personal data in the property business. In the event of a violation, the government can impose sanctions in accordance with applicable laws.
B. The responsibility of the seller towards the buyer who buys an object in the form of the land he purchased
1. The duties of the seller as stated in the sales contract
1. Hand over the land to the buyer in accordance with the agreed agreement. This is regulated in Article 1458 of the Civil Code (Civil Code) which states that the seller is obliged to hand over the goods sold to the buyer.
2. Ensure that The transaction to buy and sell land is completed. legally and is followed by a handover agreement. This is regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations which states that every land sale and purchase transaction must be carried out legally and followed by a handover agreement.
3. Ensure that the land to be sold does not have legal defects, such as environmental problems or ownership disputes, regulated in Civil Code Article 1459, which states that the seller bears liability for any legal flaws in the goods to be sold.
4. Give assurances about the state of the land to be sold, including the absence of environmental issues and ownership disputes. A guarantee against legal defects in the goods being sold is provided by the seller, according to Article 1460 of the Civil Code.
5. Guarantee the validity of the documents required in Purchase and sale transactions involving land,such as certificates of land and identity.As it is regulated in Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations which states that every land sale and purchase transaction must be carried out with valid documents and recognized by law.
6.give them legal defense buyers in land purchase and sale transactions, including providing legal certainty over the land purchased and ensuring that the land has no legal defects. . This is regulated in Law Number 8 of 1999 concerning Consumer Protection.
In cases of PPJB falsification and falsification of personal data in the property business, the government has an important role in providing supervision and guidance to the public in land buying and selling transactions, regulating and supervising Purchase and sale transactions of land through applicable laws and regulations, as well as providing legal protection to buyers in Purchase and sale agreements for land. This is regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles and Law Number 8 of 1999 concerning Consumer Protection.
2. Responsibility he leaves her vendor
In the agreement stipulated by the land seller, NO compensation will be given to the seller to the buyer. Until now, in the agreement made on October 8, 2023, he wants to return the entire amount from the buyer. Until now, the seller has failed to comply with the agreement. or agreement by the buyer of the land.
C. Legal Remedies in Land Disputes 1. Litigationally
In litigation, the buyer gives the seller a subpoena 1 within 1 week if the subpoena 2 is not responded to and there is no meeting point for subpoena 3 if the seller cannot respond. From the buyer, the process of making the LP goes directly to the seller.
2. Non-Litigation
In a non-litigation manner, the buyer deliberates/meets with the seller to resolve the problem.
CHAPTER IV CONCLUSION
The land mafia case involving PPJB falsification and falsification of personal data in the property business is a case study of land disputes in the Setia Mekar Tambun Selatan area. This case study discusses the impact of PPJB falsification and falsification of personal information on property buyers and sellers, as well as how to handle land mafia cases of PPJB falsification and falsification of personal information in the real estate industry. Apart from that, there are laws relating to the importance of arranging agreements and falsifying documents in the property business, such as Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE ). The government has an important role in developing and supervising sales and purchase binding agreements (PPJB) in land mafia cases, including falsification of PPJB and falsification of personal data in the property business. The laws related to this are Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles and Law Number 8 of 1999 concerning Consumer Protection.
In Indonesia, the real estate sector faces significant land mafia problems and identity fraud cases. Landd mafiass cann bee individuals, groupss or legal entities that commits criminal acts to obstruct the prosecution of land cases. This can occur due to inaccurate land ownership information registered at the sub-district, tax office and BPN, giving rise to land disputes and incidents in the community. The government publicationn of technical instructionssNo.1/JUKNIS/D.VII/2018 regarding Prevention and Cancellation. Land mafia Criminal sanctions can be imposed on the legal mafia. The public as land owners can take precautions by being aware of suspicious land mafia activities that could cause losses.
Several efforts must be made to eradicate the land mafia, including through criminal justice tools. Real estate trading is a commercial activity in the real estate sector owned by individuals or companies. A real estate business can be a plot of land, a building, a house and all the infrastructure it owns. Real estate activities include renting and purchasing as well as selling real estate. Real estate transactions can also be carried out online using various websites and applications. In the real estate business, there are risks to consider, such as market risk, legal risk, and financial risk. Therefore, before starting a real estate business, it is necessary to do research and set business goals. In conclusion, the real estate sector in Indonesia faces major challenges due to the land mafia, identity fraud, and other problems. To overcome this problem, the government, society and society must work together to prevent and eradicate these criminal acts.
In a sales and purchase binding agreement (PPJB),the seller has the duty to hand it over land to the buyer corresponding into agreed I concur. The vendor must also ensure that
The transaction to buy and sell land is completed. legally and is followed by a delivery agreement. The seller must also ensure that the land to be traded does not have any legal defects, such as ownership disputes or environmental problems. The purchaser has the obligation to pay the agreed land price and ensure that The transaction to buy and sell land is completed. legally and is followed by a delivery agreement. Buyers must also ensure that the land to be purchased does not contain legal defects, such as ownership disputes or environmental problems. The law related to PPJB is Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles and the Civil Code (KUHPerdata). Apart from that, there are several interested parties purchase and sale of land. That includes people selling land, people buying land, Land Deed Making Officials (PPAT), local village heads or village heads, the National Land Agency (BPN), and the government. The government is responsible for establishing and supervising binding sales and purchase agreements, including land mafia cases involving falsification of PPJB and falsification of personal data in property businesses.
BIBLIOGRAPHY
Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE) Law Number 30 of 2014 concerning Government Administration
Civil Code (Civil Code)
Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles Law Number 8 of 1999 concerning Consumer Protection
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