TINJAUAN YURIDIS SENGKETA TUKAR-MENUKAR TANAH YANG DIBUAT DI BAWAH TANGAN DI BALECATUR KABUPATEN SLEMAN

• Main Authors: , SINANG BUDI WIBOWO, , Prof. Dr Sudjito, S.H., M.Si.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2013
• Subjects: ETD
• 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
• Institution: Universitas Gadjah Mada

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.