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   Legal Protection Against Buyer in Good Faith on Dual-Certified Land  
   
نویسنده Saparwadi ,Munandar Aris ,Putro Widodo Dwi
منبع International Journal Of Multicultural And Multireligious Understanding - 2020 - دوره : 7 - شماره : 5 - صفحه:498 -505
چکیده    The sale and purchase agreements, particularly the sale and purchase of land often have disputes,either at the pre-agreement, the agreement even until to the execution of the agreement. the mostunderlying thing for land purchase agreement dispute is that one of the two parties has a bad faith. sale isan agreement, therefore the provisions of the agreement in book iii of civil law, especially article 1338shall be the reference in a sale and purchase agreement. in practice, there are many land-buying andselling disputes that harm the buyer to the public because the land he has bought through a buy and sellagreement before the notary and ppat in the future found that the seller is a person who is not entitled orthe original owner sued the sale. in this research, land sale and purchase disputes were caused by a doublecertificate issued by bpn. the seller and the original owner each hold a certificate with the same landobject. the original owner sued the issuance of the certificate held by the seller and the lawsuit wasgranted. this research aims to analyse the responsibilities of juridical national land agency (bpn) ondouble-certified land and legal protection of the buyer in good faith in buying and selling of dual-certifiedland objects. this method of research using empirical legal research methods means research using factin-field deeds as primary data aimed at obtaining a tangible, clearer, and systematic picture of thenational land agency (bpn) responsibilities that involve dual-certificate and legal protection againstpurchasers of a dual-certified land objects. the approach used is the case approach, the sociologicalapproach, the statute approach, the conceptual approach. the result of this research are, a. bpn in issuingthe certificate refers to the government regulation no. 24 of 1997 on land registration and bpn is notable to detect the possibility of data manipulation by the applicant because bpn has no obligation to domaterically check the application data for certificate issuance. in addition, bpn gives false information tothe land related to the soil that will be the object to buy and sell as a result of not being coordinatedbetween the ruling on the court with bpn related to the land matter and the form of an administrativeliability of bpn, namely the accountability of the administration (condemnatoir) or the creation(constifutif), b. akmaludin is a buyer of the government, but does not obtain legal protection due to thedecision of the mataram state court number 30/pdt. g/2013/pn. mtr. not consider circular letter of thesupreme court number 7 year 2012.
کلیدواژه Legal Protection ,Good-Faith Buyers ,Bpn
آدرس Mataram University, Faculty Of Law, Indonesia, Mataram University, Faculty Of Law, Indonesia, Mataram University, Faculty Of Law, Indonesia
 
     
   
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