Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles

Abstract

The sale and purchase of land-based on customary law in daily practice is still practiced by some people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and terang" which means that the handover of rights by the seller is carried out simultaneously with payment by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach as a problem approach method. The results showed that the use of "tunai and terang" in the formation of sale and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as the basis for the National Land Law. The existence of cash and light principles is expected to provide legal protection for sellers and buyers.

The meaning of "un-recorded marriage" in the perspective of the marriage law

“…Marriage as an institution that is used to bind humans who are destined in two genders, namely men and women. [3] After the marriage takes place, a family is formed. Marriage is realm of private law which cannot be separated from intervention of state [4], which in this case is government, on the basis reason that marriage is not just forming a family and continuing offspring, but there are far-reaching consequences for parties bound by marriage and their children born from marriage.…”