Legal Literacy - Issues regarding land ownership disputes arising from jointly purchased land often occur and lead to prolonged conflicts. This is similar to what happened to my colleague who will jointly purchase a land object (property). Regarding the joint purchase, he inquired about the Rules and Procedures for Purchase to Avoid Disputes in the future. Therefore, I will explain the Procedures and Rules for Purchasing Land Objects Purchased Jointly to Avoid Disputes in a concrete and comprehensive manner.
Rules of Joint Land Ownership
Regarding the ownership of land purchased jointly, it is clearly regulated in Article 1 Paragraph 20 of Government Regulation (PP) Number 24 of 1997 concerning Land Registration. Essentially, this article defines a certificate as a proof of right for land rights, management rights, wakaf land, ownership rights to apartment units, and mortgage rights.
In addition, it must also be emphasized that a land certificate is the strongest legal proof of ownership of a property object. Therefore, a land certificate cannot be handed over to just anyone to avoid problems and/or disputes in the future.
Furthermore, Article 31 Paragraph 4 of Government Regulation (PP) Number 24 of 1997 concerning Land Registration also explains that a land certificate can include more than one owner's name. This concerns land rights or ownership rights to apartment units owned jointly by several people or legal entities, which are issued in one certificate, which will later be received by one of the joint rights holders upon written designation by the other joint rights holders.
From the above, it can be concluded that ownership of a certificate is not only owned by one person but can be owned by two or more people.
Rules for Sharing Joint Rights
Article 31 Paragraph 5 of Government Regulation (PP) Number 24 of 1997 concerning Land Registration clearly mentions that each joint rights holder can hold a certificate that states the amount of each joint right.
Therefore, each joint rights holder can easily carry out legal actions regarding their respective rights without needing to make any changes to the proof of right of the joint rights holder, unless there is a clear prohibition to act otherwise and there is no agreement from the other joint rights holders.
Thus, the aforementioned rules clearly outline the division of joint rights in accordance with those held by each party, and there will be a certificate of proof of rights for the holders regarding the joint rights, which can be used as authentic evidence if a legal dispute arises in the future for the parties holding the joint rights.
Procedures for Joint Purchase
As for the method governing purchases that can be made by anyone, it refers to the provisions of Article 1320 of the Civil Code concerning the Validity Requirements of an Agreement. In this case, joint purchases must refer to the validity requirements of an agreement, which have the following 4 (four) requirements:
- Agreement of the Parties
The Agreement of the Parties refers to those who agree to be bound in an agreement and/or engagement. This is in accordance with what is stated in Article 1321 of the Civil Code;
- Capacity of the Parties
The Capacity of the Parties refers to whether or not a person with a legal interest is capable. This is stated in Article 1330 of the Civil Code, which includes the following:
- A person who is not of sufficient age,
- A person under guardianship, and
- A pregnant wife.
- A Specific Matter
A specific matter is the existence of an object promised by the parties who make the Agreement and/or engagement in order to give something, do something, and not do something. This is stated in Article 1234 of the Civil Code;
- A Lawful Cause
A lawful cause is not clearly explained in the Civil Code, but what is regulated is a prohibited cause if it is prohibited by law, contrary to morality or public order. This is stated in Article 1337 of the Civil Code.
meaning that an agreement made to purchase a land object jointly, if it meets the 4 (four) requirements as above, is legally valid for the parties making the agreement.
In addition, the parties also make an agreement which is stated in an Agreement, which also mentions the rights and obligations of the parties along with clauses that regulate the parties to act in accordance with what is agreed upon and not to carry out a series of problems that will arise in the future.
With this agreement, it can be used The Battle for the parties who will continue the process of purchasing land objects jointly in order to bind and regulate legally, this will create legal certainty if at any time a problem occurs that causes the two to dispute regarding the purchase made jointly.
Conclusion
It is important to know carefully that if you are going to buy a land object (property) such as a shop house, house, apartment and so on which is done by means of a joint purchase, the ownership status can be owned not only by one person, therefore it is important to understand the methods and rules as described above in order to dispel doubts in the purchase of land objects made jointly.
Furthermore, should similar issues arise, it is advisable to consult with competent legal practitioners in the relevant field beforehand to assist and provide solution-oriented advice in the efforts to be undertaken.
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