Dinamika Perikatan Dalam Peralihan Hak Atas Tanah Keluarga: Analisis Normatif dan Praktik Sosial

Abstrak

This study discusses the dynamics of obligations in the transfer of family land rights by highlighting the tension between positive legal norms and social practices. Normatively, the transfer of land rights must fulfill the requirements of an agreement as stipulated in the Civil Code, be set forth in an authentic deed, and be registered in accordance with the provisions of the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. However, in practice, transfers are often carried out in a simple manner through oral grants, private agreements, or customary family arrangements based on mutual trust. This phenomenon creates legal vulnerability and has the potential to trigger land disputes. This research employs a normative-sociolegal approach with qualitative analysis to examine land regulations as well as social practices. The findings indicate the need for legal harmonization between formal certainty and family values, positioning notaries/land deed officials (PPAT) not only as administrative officers but also as legal educators who bridge formal law with the This study discusses the dynamics of obligations in the transfer of family land rights by highlighting the tension between positive legal norms and social practices. Normatively, the transfer of land rights must fulfill the requirements of an agreement as stipulated in the Civil Code, be set forth in an authentic deed, and be registered in accordance with the provisions of the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. However, in practice, transfers are often carried out in a simple manner through oral grants, private agreements, or customary family arrangements based on mutual trust. This phenomenon creates legal vulnerability and has the potential to trigger land disputes. This research employs a normative-sociolegal approach with qualitative analysis to examine land regulations as well as social practices. The findings indicate the need for legal harmonization between formal certainty and family values, positioning notaries/land deed officials (PPAT) not only as administrative officers but also as legal educators who bridge formal law with the community’s living law. Thus, family land transfers can be carried out simply, legally valid, fairly, and with maximum legal protection. living law. Thus, family land transfers can be carried out simply, legally valid, fairly, and with maximum legal protection.