Legal Analysis Regarding the Responsibilities of Intermediaries in the Sale and Purchase of Land

Authors

  • Joharsah Joharsah Universitas Al-Washliyah, Medan
  • Muhlizar Muhlizar Universitas Al Washliyah, Medan

DOI:

https://doi.org/10.37680/almanhaj.v5i2.3127

Keywords:

Buying Land; Civil Law; Intermediary; Selling

Abstract

Inside practice, sell-buy that involves party seller and buyer, especially on purchases right on land, requires a party third to be on duty as an intermediary with function as a giver of information, a liaison, as well as someone acting as a recipient of power. Following the Civil Code in Article 1792, which regulates gift power of attorney, and Article 1338, paragraph (3), everything must be done in good faith. However, not all intermediaries can operate, giving trust to them with ok. Practical loss in some party Study This will describe factors from the cause of the selling process, buy right on done land through the intermediary role, and not quite enough answer party third the recipient power inside the buy right on done land. Studying this also explains the consequence law. Suppose there is a default and also in the process of settlement. The interview process is used to collect data; the informant or respondent reluctantly conducts field and literature research and a qualitative forward analysis study. From research, those are the givers of power to intermediaries for a more thorough and considerate application of various principles, especially justice for all parties.

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References

Ahmad & Fajar. (2010). Dualism of Normative & Empirical Legal Research. Yogyakarta: Student Libraries. https://mh.umy.ac.id/wp-content/uploads/2016/02/Dualism-Penelitian-Hukum.pdf
Amiruddin & Asiki. (2003). Introduction to Legal Research Methods. Jakarta: PT Raja Grafindo Persada. https://opac.perpusnas.go.id/DetailOpac.aspx?id=1135478
Harahap, M. (1986). Legal Aspects of the Agreement. London: Alumni. https://onesearch.id/Record/IOS4100.slims-16567
Mahendra, A. (2001). Duties and Authorities of the Temporary PPAT Position. Jakarta: Science Library. https://media.neliti.com/media/publications/13989-ID-problematics-product- Hukum-camat-As-pejuang-pembuat-akta-tanah-sementara-ppa.pdf
Martono & Sudiro. (2010). Air Transportation Law Based on Law No. 1 of 2009. Jakarta: Rajawali Press. https://opac.perpusnas.go.id/DetailOpac.aspx?id=1150097
Muhammad, A. (2006). Agreement Law (Business Law). London: Alumni. https://onesearch.id/Record/IOS13243.slims-3145
Wargin, E. (1987). The Practice of Buying and Selling Land. Jakarta: Rajawali Press. https://opac.perpusnas.go.id/DetailOpac.aspx?id=490923
Pradjodikoro, W. (1988). Principles of Agreement Law. London: Liberty. https://opac.perpusnas.go.id/DetailOpac.aspx?id=281231
Putri, E. (n.d.). The Role of PPAT in the Transfer of Land Rights. http://etd.repository.ugm.ac.id/penelitian/detail/46131#:~:text=PPAT%20mempunyai%20peranan%20yang%20very,a%20deeds%20 Hukum%20on%20land.
Salim. (2007). Contract Drafting and Memorandum of Understanding. Jakarta: Sinar Graphics. https://opac.perpusnas.go.id/DetailOpac.aspx?id=1110210
Soedharyo. (2004). Status of Rights and Land Acquisition. Jakarta: Sinar Graphics. https://opac.perpusnas.go.id/DetailOpac.aspx?id=561411
Soekarno. (2003). Indonesian Customary Law. Jakarta: PT Raja Grafindo Persada. https://simpus.mkri.id/opac/detail-opac?id=1585
Sutedi, A. (2010). Transfer of Land Rights and Registration thereof. Jakarta: Sinar Graphics. https://simpus.mkri.id/opac/detail-opac?id=7334.

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Published

2023-07-29

How to Cite

Joharsah, J., & Muhlizar, M. (2023). Legal Analysis Regarding the Responsibilities of Intermediaries in the Sale and Purchase of Land. AL-MANHAJ: Jurnal Hukum Dan Pranata Sosial Islam, 5(2), 1187–1194. https://doi.org/10.37680/almanhaj.v5i2.3127

Issue

Vol. 5 No. 2 (2023)

Section

Articles

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