Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand

Imanuel David Jackson Lewaherilla; Rory Jeff Akyuwen; Piter Radjawane

doi:10.47268/tatohi.v5i3.2971

Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand

Imanuel David Jackson Lewaherilla⁽¹⁾, Rory Jeff Akyuwen⁽²⁾, Piter Radjawane⁽³⁾

(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia

(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
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Corresponding Author

Abstract

Introduction: Land rights acquisition can be obtained in various ways such as buying and selling, exchanging, granting or bequests, but the acquisition of land rights that often occurs in society is through buying and selling.

Purposes of the Research: The purpose of this study is to examine the legal force of the transfer of land rights through underhand sales and legal protection for the purchaser of land rights through underhand sales.

Methods of the Research: The research method used in this writing is normative legal research by using analytical descriptive research on legal regulations and expert opinions through primary, secondary and tertiary legal materials through the process of collecting legal materials and analyzing them to obtain conclusions and suggestions.

Findings of the Research: In the process of buying and selling land, it is very important to pay attention to the legal force in the buying and selling process, where if the buying and selling process is only carried out underhand, it can have an impact on the legal force of the buying and selling that is carried out because underhand buying and selling often does not have an authentic deed so that it is vulnerable to proof if a dispute occurs in the future and if there has been a sale and purchase underhand, the buyer must pay attention to several aspects in order to get legal protection in the buying and selling process, including the buying and selling process must be carried out at the village/district office in order to get supervision from the authorities and several witnesses must be present in the buying and selling process and this buying and selling process must be recorded.

Keywords

Buying Selling; Land Registrasion; Legal Protection.

DOI

10.47268/tatohi.v5i3.2971

Published

2025-05-31

How To Cite

APA: Lewaherilla, I.D., Akyuwen, R.J., & Radjawane, P. (2025). Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand. TATOHI: Jurnal Ilmu Hukum, 5(3), 123-129. DOI: https://doi.org/10.47268/tatohi.v5i3.2971.

IEEE: I.D. Lewaherilla, R.J. Akyuwen, and P. Radjawane, "Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand", TATOHI J. Ilmu Huk., vol. 5, no. 3, pp. 123-129, May. 2025. Accessed on: Jul. 7, 2025. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i3.2971

Harvard: Lewaherilla, I.D., Akyuwen, R.J., and Radjawane, P., (2025). "Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand". TATOHI: Jurnal Ilmu Hukum, Volume 5(3), pp. 123-129. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v5i3.2971 (Accessed on: 7 July 2025)

Chicago: Lewaherilla, Imanuel David Jackson, Rory Jeff Akyuwen, and Piter Radjawane. "Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand." TATOHI: Jurnal Ilmu Hukum 5, no. 3 (May 31, 2025): 123-129. Accessed July 7, 2025. doi:10.47268/tatohi.v5i3.2971

Vancouver: Lewaherilla ID, Akyuwen RJ, Radjawane P. Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand. TATOHI J. Ilmu Huk. [Internet]. 2025 May 31 [cited 2025 Jul 7];5(3):123-129. Available from: https://doi.org/10.47268/tatohi.v5i3.2971

MLA 8th: Lewaherilla, Imanuel David Jackson, Rory Jeff Akyuwen, and Piter Radjawane. "Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand." TATOHI: Jurnal Ilmu Hukum, vol. 5, no. 3, 31 May. 2025, pp. 123-129, doi:10.47268/tatohi.v5i3.2971. Accessed 7 Jul. 2025.

BibTeX:

@article{TATOHI2971,
		author = {Imanuel Lewaherilla and Rory Akyuwen and Piter Radjawane},
		title = {Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {5},
		number = {3},
		year = {2025},
		keywords = {Buying Selling; Land Registrasion; Legal Protection.},
		abstract = {Introduction: Land rights acquisition can be obtained in various ways such as buying and selling, exchanging, granting or bequests, but the acquisition of land rights that often occurs in society is through buying and selling.Purposes of the Research: The purpose of this study is to examine the legal force of the transfer of land rights through underhand sales and legal protection for the purchaser of land rights through underhand sales.Methods of the Research: The research method used in this writing is normative legal research by using analytical descriptive research on legal regulations and expert opinions through primary, secondary and tertiary legal materials through the process of collecting legal materials and analyzing them to obtain conclusions and suggestions.Findings of the Research: In the process of buying and selling land, it is very important to pay attention to the legal force in the buying and selling process, where if the buying and selling process is only carried out underhand, it can have an impact on the legal force of the buying and selling that is carried out because underhand buying and selling often does not have an authentic deed so that it is vulnerable to proof if a dispute occurs in the future and if there has been a sale and purchase underhand, the buyer must pay attention to several aspects in order to get legal protection in the buying and selling process, including the buying and selling process must be carried out at the village/district office in order to get supervision from the authorities and several witnesses must be present in the buying and selling process and this buying and selling process must be recorded.},
				issn = {2775-619X},		pages = {123--129}			doi = {10.47268/tatohi.v5i3.2971},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2971}
		}

RefWorks:

Citation format: Download Citation:

Benhard Limbong, Konflik Pertanahan, Cetakan Pertama, Jakarta: Margaretha Pustaka, 2012.

Effendi Perangin. Hukum Agraria Di Indonesia Suatu Telaah Dari Sudut Pandang Praktisi Hukum, Jakarta: Rajawali, 1991.

Fajar Adhitya Nugroho 1 and Kawan-Kawan. Perlindungan Hukum Bagi Pembeli Terhadap Jual Beli Hak Atas Tanah Yang Dilakukan Secara Di Bawah Tangan, Malang: Fakultas Hukum Universitas Brawijaya, 2015.

Peter Mahmud Marzuki. Penelitian Hukum. Jakarta: Kencana Prenada Group, 2007.

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Legal Protection for Land Buyers in Sale and Purchase Agreement Under Hand

2.	Creator	Author's name, affiliation, country	Imanuel David Jackson Lewaherilla; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Rory Jeff Akyuwen; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Piter Radjawane; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Buying Selling; Land Registrasion; Legal Protection.

4.	Description	Abstract	Introduction: Land rights acquisition can be obtained in various ways such as buying and selling, exchanging, granting or bequests, but the acquisition of land rights that often occurs in society is through buying and selling.Purposes of the Research: The purpose of this study is to examine the legal force of the transfer of land rights through underhand sales and legal protection for the purchaser of land rights through underhand sales.Methods of the Research: The research method used in this writing is normative legal research by using analytical descriptive research on legal regulations and expert opinions through primary, secondary and tertiary legal materials through the process of collecting legal materials and analyzing them to obtain conclusions and suggestions.Findings of the Research: In the process of buying and selling land, it is very important to pay attention to the legal force in the buying and selling process, where if the buying and selling process is only carried out underhand, it can have an impact on the legal force of the buying and selling that is carried out because underhand buying and selling often does not have an authentic deed so that it is vulnerable to proof if a dispute occurs in the future and if there has been a sale and purchase underhand, the buyer must pay attention to several aspects in order to get legal protection in the buying and selling process, including the buying and selling process must be carried out at the village/district office in order to get supervision from the authorities and several witnesses must be present in the buying and selling process and this buying and selling process must be recorded.

5.	Publisher	Organizing agency, location	Faculty of Law Pattimura University

6.	Contributor	Sponsor(s)	Universitas Pattimura

7.	Date	(YYYY-MM-DD)	2025-05-31

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2971

10.	Identifier	Digital Object Identifier	10.47268/tatohi.v5i3.2971

11.	Source	Title; vol., no. (year)	TATOHI: Jurnal Ilmu Hukum; Volume 5 Issue 3, May 2025

12.	Language	English=en	en

13.	Relation	Supp. Files	Perlindungan Hukum Kepada Pihak Pembelli Tanah Dalam Perjanjian Jual Beli Dibawah Tangan (367KB)

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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