Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia

Research Article

The Position of The Binding Agreement for The Sale and Purchase of Land in the Perspective of Land Law as Stipulated in Law No. 5 Of 1960

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  • @INPROCEEDINGS{10.4108/eai.25-5-2024.2349358,
        author={Rospita Rufina Situngkir and Suparno  Suparno},
        title={The Position of The Binding Agreement for The Sale and Purchase of Land in the Perspective of Land Law as Stipulated in Law No. 5 Of 1960},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2024},
        month={8},
        keywords={binding purchase agreement land rights land law law no 5 of 1960},
        doi={10.4108/eai.25-5-2024.2349358}
    }
    
  • Rospita Rufina Situngkir
    Suparno Suparno
    Year: 2024
    The Position of The Binding Agreement for The Sale and Purchase of Land in the Perspective of Land Law as Stipulated in Law No. 5 Of 1960
    ICLSSEE
    EAI
    DOI: 10.4108/eai.25-5-2024.2349358
Rospita Rufina Situngkir1,*, Suparno Suparno1
  • 1: Universitas Borobudur
*Contact email: notrospita@gmail.com

Abstract

The position of the land rights purchase agreement under Law No. 5 of 1960 has significant implications for land transactions and legal stability in Indonesia. Firstly, it protects the rights of owners and involved parties by officially recording agreements in the land office, preventing disputes and invalid claims. This registration ensures legal certainty, which is crucial for promoting investment in the property sector and facilitating sustainable development. Additionally, recording the agreement enhances transparency and accountability in land transactions, reducing the risk of illegal practices or fraud. This normative research used statutory and conceptual approaches, with secondary data sources and qualitative descriptive analysis. Conclusions were drawn deductively, focusing on the position of the land rights purchase agreement under Law No. 5 of 1960. The study found that the agreement's legal validity provides certainty in property transactions, ensuring the integrity and legitimacy of land deals. By adhering to applicable laws and the Civil Code, it creates a stable and orderly land sector. The resolution of land disputes through Pancasila justice, rooted in Indonesia's legal principles, provides direction and stability in national life.