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

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


(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia orcid
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
email Corresponding Author
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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. 27, 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: 27 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 27, 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 27];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 27 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}
		}
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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 orcid
 
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, Universitas Pattimura
 
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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