Understand the Rules and How to Purchase Land Objects Purchased Jointly to Avoid Disputes

By Lintar Bagas Putra Efrianto, S.H.

14 Dec 2024 09:26 WIB 14 December 2024 09:26 WIB 5 minutes reading time: 5 minutes 70 read

this article discusses the rules and methods for purchasing land objects that are purchased jointly to avoid disputes.

Understand the Rules and How to Purchase Land Objects Purchased Jointly to Avoid Disputes

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Table of Contents

Rules of Joint Land Ownership
Rules for Sharing Joint Rights
How to Purchase Jointly
Conclusion

Baca tanpa iklan.

Gabung Membership

Section 2/3: Rules for Sharing Joint Rights

That the provisions of Article 31 Paragraph 5 of Government Regulation (PP) Number 24 of 1997 concerning Land Registration clearly mention this provision for each joint rights holder to hold a certificate that mentions the amount of each joint right.

Therefore, each joint rights holder can easily carry out legal actions regarding their respective rights without the need 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 approval from the other joint rights holders.

Thus, the above rules clearly regulate the sharing of joint rights in accordance with what is owned by each party, and there will be a proof of right holder regarding joint rights that can be used as authentic evidence if a legal dispute occurs in the future for the parties holding the joint rights.

How to Purchase Jointly

That the method that regulates purchases that can be made by anyone 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 has 4 (four) requirements as follows:

Agreement of the Parties

The Agreement of the Parties is those who agree to bind themselves 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 is whether or not a person who has 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 age,
A person under guardianship, and
A pregnant wife.

A Specific Thing

A specific thing 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 buy a land object together, if it meets the 4 (four) conditions as above, is legally valid for the parties who make the agreement.