TINJAUAN YURIDIS SENGKETA TUKAR-MENUKAR TANAH YANG DIBUAT DI BAWAH TANGAN DI BALECATUR KABUPATEN SLEMAN
Barter of land disputes occur as a result of an agreement made, not in accordance with the implications of the implementation of the agreement form. Agreements should apply binding on both parties (Sunt pacta servanda) and serves as the laws for the author, there is a deviation that causes damage to...
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Main Authors: | , |
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Format: | Theses and Dissertations NonPeerReviewed |
Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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Subjects: | |
Online Access: | https://repository.ugm.ac.id/120711/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=60749 |
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Institution: | Universitas Gadjah Mada |
Summary: | Barter of land disputes occur as a result of an agreement made, not in
accordance with the implications of the implementation of the agreement form.
Agreements should apply binding on both parties (Sunt pacta servanda) and
serves as the laws for the author, there is a deviation that causes damage to the
disputing parties. Pepriksan Metil Staat Siti Pekarangan Dateng Indung Gandok
Boten Mawi Lelintu Arto No. 25/Pd/Bnr/1960, an agreement first made a
companion of the other agreements. With this, it is necessary to know for certain
about the cause of the barter of land disputes, as well as the validity of the
agreement under hand made as a basis for the barter of land, in the settlement of
disputes by the parties / heirs to the dispute.
The approach taken in the conduct of research that is juridical Empirical,
by reviewing the Basic Agrarian Law No. 5 of 1960, Government Regulation No.
24 Year 1997 on Land Registration, Government Regulation Number 37 Year
1998 concerning Regulation Title Deed Land Officer, and other regulations
governing the land, which then conducted an assessment of the problems that
arise in real cases, and processed descriptive analysis in order to reach a
conclusion that is mature and complete.
The letter agreement made earlier that there are many weaknesses affect
the validity of a treaty. As set forth in the Basic Agrarian Law No. 5 of 1960
every transfer of rights should be made using an authentic deed made by the
authorities to make it, in other words, an agreement made in 1960, on the basis of
mutual agreement becomes invalid to apply at this time. Efforts in the resolution
of disputes by the parties reached a number of ways, some of them with family
consultation, mediation of the village, and through legal aid formulated into a
peace treaty. Existing peace treaty when viewed from a legal perspective has a
weak position when needed as evidence in the trial, it is in terms of anatomical
structures that are less complete agreement, as well as the peace agreement is
made only by the extent of the parties. |
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