Legal Standing of Utilizing Verstek Decisions in the Transfer of Land Rights Through Private Sale and Purchase Agreement (Study of Decision Number 3/Pdt.G/2024/PN Gsk)

Sulfany, Abdiilah (2025) Legal Standing of Utilizing Verstek Decisions in the Transfer of Land Rights Through Private Sale and Purchase Agreement (Study of Decision Number 3/Pdt.G/2024/PN Gsk). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration confirms that the procedure in the transfer of land rights due to sale and purchase must use a deed made by a Land Deed Official (PPAT). However, the fact is that there are still parties who buy and sell land using a deed under the hand, which is not in accordance with legal procedures. This certainly causes a dispute that leads to a lawsuit in the district court due to the seller being unable to be contacted and ends with a verdict verstek that has permanent legal force, which will then become the basis in the process of transferring land rights for the plaintiff. The purpose of this research is to understand the legal position of the parties to the use of a verdict of verstek as a basis for transferring land rights for sale and purchase, as well as to understand the judge's consideration in handing down the verdict in Decision Number 3/Pdt.G/2024/PN Gsk. This research uses normative juridical research because the study will focus on the use of regulations and laws to answer the problems that arise. The result of this research is that the verdict of verstek that has been inkrah acts as a perfection of evidence owned by the plaintiff so that he can make a deed of sale and purchase before the PPAT by acting on behalf of the defendants, as well as himself in signing. The judge's consideration in deciding the case has also been based on applicable regulations and laws, so that the legal considerations and the verdict are in accordance, so that justice, benefit and legal certainty can be achieved. Keywords: Transfer of Rights, Land, Verstek Decision.

Item Type:

Thesis (Undergraduate)

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