Comparative Study of the Sale and Purchase of Land Rights According to the Civil Code and the Basic Agrarian Law

Abstract

The purpose of this research is to explain and analyze the comparison of trade regulated by the Civil Code and the Agrarian Basic Law and explain and analyze the strengths and weaknesses of buying and selling regulated by the Civil Code and the Agrarian Basic Law. The research method used is the normative legal research method. The approach used is statutory, a conceptual approach and a case approach. The results of this study, First, the comparison of land buying and selling between the Law of Pedata and the Basic Agrarian Law, namely based on the meaning of land buying and selling, the terms of sale and purchase of land, the subject of law, when the sale and purchase of land and the system of publication embraced by each basic rule of land law. Second, the strengths and weaknesses contained from each rule of law include the Civil Code providing legal certainty to the group subject to the western rule of law while the UUPA provides legal certainty for Indonesian citizens with the registration of land rights. While the weakness of the civil code does not provide legal certainty for groups that are subject to customary law while the UUPA in order to obtain legal certainty requires time and costs are pretty expensive in carrying out the registration of land rights.

Keywords: Land Sale, Land Registration, Land Rights

DOI: 10.7176/JLPG/112-07

Publication date:August 31^st 2021