KAJIAN YURIDIS PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH HAK MILIK ANTARA PERUSAHAAN PENGEMBANG DENGAN PEMILIK TANAH (Studi Perolehan Tanah Pengembang Perumahan di Kabupaten Kediri)

NAHDAH NABILAH, 20293415 (2024) KAJIAN YURIDIS PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH HAK MILIK ANTARA PERUSAHAAN PENGEMBANG DENGAN PEMILIK TANAH (Studi Perolehan Tanah Pengembang Perumahan di Kabupaten Kediri). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

Land is an important source for human life. One of the needs of land is for housing development. Housing development is carried ot by developer. Most of available land plots are freehold land, which is developer can not own the freehold land. One form of effort to acquire land by developer is called sale and purchase in community. Acording the national land law, the sale and purchase between doveloper and land owner is not appropriate, but still carried out by making a sal and purchase agreement with PPJB deed in practice. PPJB deed in national land law is only regulated and mentioned in the ATR/Ka. PBN Ministerial Regulation No. 16 of 2021. This paper will explain the mechanism of providing land for housing development by the developer company, which the acquisition begins with PPJB deed until the developer company obtain the right of the land. This paper also explain about the function of making and recording PPJB deed between developer company and land owner in providing land of housing process. This research uses normative-empirical legal methotds which using statutory, conceptual, and sosio-legal approaches. The data for this research is collected with literature review and document study of secondary data in the form of legal materials, both primary legal materials, secondary, and tertiary legal materials. This research also use primary data that collected with interview that conducted with informants. The way to provide land accordance with the condition of developer through the release of land rights. The mechanism of providing housing land by developer in Kediri Regency is carried out through a permission process, release process that followed by administration through the deletation process and a process of giving the developer rights. The acquisition of the land is through the release of land rights. In permission process, land domination proof over the land is required in the form of a little deed. However, under certain condition, another basis right that can be used is PPJB Deed. The PPJB postition in this process is as a preliminary agreement before the permission process. PPJB give the developer land domination proof over the land that will be processed in permission process. The function of making PPJB is for provide legal certainty for provide both of them in carryying out land acquisition activity carried out in the form of sale and purchase agreements. PPJB is agreeed obligations that must be carried out by the seller and the buyer according to civil law. PPJB’s record activities are regulated in Article 127B of ATR/Ka. PBN Ministerial Regulation No. 16 of 2021. The fucnction of PPJB record cannot be known directly in Kediri Rgency because there has been no apllication, but if it is related to the purpose of land registration, its function is to profide legal certainty og legal action of the land. Keywords: PPJB, Land Provide, Developer, Sale and Purchase

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