Faculty of Law, UB held a Workshop on the Problem of Registration and the Transition of Land Rights and the Solution which was opened on (24/10/17) at 08.40 WIB by the Chief of Civil Law Dr. Budi Santoso, S.H., L.LM located at Auditorium Lt.6, Building A, Faculty of Law, UB. This event needs to be held because it can provide supplies to students, especially the students of Master Kenotariatan who will become a practitioner as a Notary and PPAT. Acting as Moderator in the event is Amelia Sri Kusumadewi, S.H., M.Kn. (FHUB Lecturer) who gives first chance to the first speaker is Prof. Dr. Moh. Bakri S.H., M.S. (Professor of FHUB), Session II is Dr. Supriadi S.H., M.H., M.Kn. (Head of Land Dispute and Controlling Division of Surabaya Regional Office) and the third speaker is Dr. Endang Sri Kawuryan S.H., M.Hum.
The first speaker is Prof. Dr. Moh. Bakri S.H., M.S. which took the theme entitled Legal Protection for Buyers of Goodwill Ground in the National Agrarian Law and Jurisprudence. He said that Article 19 Paragraph 2 Sub-Paragraph c of LoGA and Article 32 of PP 24 Year 1997 there is no legal protection for buyers of good-faith land, but after Sema 7 in 2012 jo. SEMA 4 Year 2016 there is legal protection for buyers of good-faith land. in the SEMA provides the Criteria as a buyer with good intentions. In court practice, the object of sale and sale does not know it, from the original owner of the land, the Purchaser finally makes a purchase in a legitimate procedure as the rule of law:
- Public auctions or
- In front of the land deed.
- Against unregistered / customary land rights are carried out according to the customary laws of law in cash and light.
- Preceded with research on the status of land of objects of sale and purchase and based on these studies indicate that the object of sale and purchase belongs to the seller.
- Purchases are made at a fair price.
Precaution by assessing matters relating to the object of land that is agreed, among others:
- Seller is a person entitled / owns the rights to the land being the object of sale and purchase, in accordance with proof of ownership, or
- The land / object to be sold is not confiscated or
- The land of the object being traded is not in the guarantee or mortgage status or
- Against certified land, has obtained information from BPN and history of legal relationship between the land and the certificate holder
The second speaker is Dr. Supriyadi, S.H., M.Hum., M.Kn., who stated that there are 130 million plots of land that are the object of land registration other than forest objects, the current condition is only 58 million or about 55 percent have been registered. This year, there will be 5 million certificates, next year 2018 of 7 million, and by 2019 some 9 million hope in 2025 will be all certified. He also conveyed that (1) the future expectation does not directly give the right to the land, should do the dll, until at least 2 times the production is given the right to use. (2) Revoke the book II Civil Code except the mortgages, should book III along the ground also in pull (3) until now in Indonesia there is no civilization about the land.
The third speaker was Dr. Endang Sri Kawuryan, S.H., M.Hum. (Senior Notary of Malang). The material submitted PPAT Role In Land Registration. In his explanation, Ibu Endang explained that the purpose of land registration is to guarantee the certainty of the object and the subject of land rights. It takes precision in making land deed because it will determine the fate of the future. Article 55 of the Criminal Code (Participation) is a clause that is often used as a weapon by police to snare Notary and PPAT against the deeds we make. PPAT should be careful in making Certificate of Inheritance, Grant of wills, in making SKMHT shall not be made with the power of substitution. [Hmd / Humas]