Legal Protection for Landowner Due To Phased Payment System in Land Transaction

The practice of phased payment system in land transaction creates uncertainty for landowner because the land has been controlled by the buyer but the landowner has not yet received the full payment of the land. This research analyzes the legal protection for landowner due to this practice through the legal protection theory by Moch. Isnaeni. This legal research uses empirical research with a qualitative approach. The types and sources of data used are primary and secondary data. Data collection techniques used are field studies and literature studies. Data analysis techniques used is interactive analysis. The data validity technique used is the source triangulation method. The results of this research indicate that internal legal protection that can be done by landowner and buyer is by involving the role of notary in making the agreements and the inclusion of proportional clauses for both parties. While the external legal protection provided by the law is legal protection against default and legal protection against dispute resolution through litigation and non-litigation method.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-12-31
DOI
https://doi.org/10.5281/zenodo.14583248
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Legal Protection for Landowner Due To Phased Payment System in Land Transaction

Zenodo (CERN European Organization for Nuclear Research)
Legal Studies and Policies
article

Legal Protection for Landowner Due To Phased Payment System in Land Transaction

article en

Abstract

The practice of phased payment system in land transaction creates uncertainty for landowner because the land has been controlled by the buyer but the landowner has not yet received the full payment of the land. This research analyzes the legal protection for landowner due to this practice through the legal protection theory by Moch. Isnaeni. This legal research uses empirical research with a qualitative approach. The types and sources of data used are primary and secondary data. Data collection techniques used are field studies and literature studies. Data analysis techniques used is interactive analysis. The data validity technique used is the source triangulation method. The results of this research indicate that internal legal protection that can be done by landowner and buyer is by involving the role of notary in making the agreements and the inclusion of proportional clauses for both parties. While the external legal protection provided by the law is legal protection against default and legal protection against dispute resolution through litigation and non-litigation method.

Zenodo (CERN European Organization for Nuclear Research)
Sebelas Maret University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 35%
Legal Studies and Policies
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