Perjanjian Jual Beli Tanah Adat Dibawah Tangan Dihadapan Wali Nagari Di Nagari Talang Tangah Kabupaten Tanah Datar

Abstract

The registration of land rights related to the status of rights, subjects of rights and objects of rights is the goal to provide guarantees of legal certainty, legal protection, and benefits. As referred to in the LoGA, PP Land Registration. One of them is the implementation of the sale and purchase agreement of the land under the hands of the Wali Nagari, Talang Tangah Village, Tanah Datar Regency. This research is an analytical descriptive study. The approach used in this study is an empirical juridical approach. The data used in this study are secondary data and primary data. All data and materials obtained from the results of the study were compiled and analyzed qualitatively, and presented in a qualitative descriptive form. From the results of the research, it can be explained that: First, the reason for the people in Nagari Talang Tangah, Tanah Datar Regency to carry out land buying and selling transactions in front of the Nagari Wali is because: the community lacks understanding or even ignorance of the transaction actors, both sellers and buyers of land regarding the applicable legal provisions, people assume that buying and selling before PPAT requires a lot of costs, first of all on the basis of only mutual trust between the seller and the buyer and ignorance of the rights and obligations as sellers and buyers of land, in order to facilitate the process of transferring their rights because the land owner has died, while the heirs are quite large, do not have fees for the transfer of their rights or even do not have funds to pay Income Tax (PPh) and Land and Building Acquisition Fees (BPHTB), there is a perception in the community that it is sufficient to buy and sell land in front of a guardian. Nagari Village and t it is not necessary to have a certificate, and the Nagari Wali does not yet understand the laws and regulations. Regarding underhand letters issued by the Nagari Wali, they should get legal protection so that legal certainty is guaranteed, namely by way of legalization by a Notary, because underhand letters only have formal proof power.