KEPASTIAN HUKUM BUKTI SEMENTARA HAK ATAS TANAH DALAM JUAL BELI TANAH YANG BELUM DIDAFTARKAN DI KABUPATEN GUNUNGKIDUL

The sale and purchase of land according to positive law are carried out before the Pejabat Pembuat Akta Tanah (PPAT), and a deed of sale and purchase is made to be used as registration of land certificates or the process of transferring the name from the old landowner to the new landowner to ensure legal certainty of the position of the land and the validity of the transfer land rights. In Gunungkidul Regency, the sale and purchase of uncertified land are still common. The sale and purchase are carried out based on customary law in which information on land parcels is only seen from old documents or temporary evidence of land rights and without a deed of sale and purchase drawn up before the PPAT. The purpose of this research is to identify and explain: (1) Implementation of the use of temporary land rights as a basis for buying and selling land that has not been registered and (2) legal certainty of temporary rights to land as a basis for buying and selling land. This research is field research (field study). The approach in this research is juridical-empirical, with data collection methods in the form of interviews and literature study. This research is qualitative, processes data, and correlates with the information in the literature. The results of this study are: First, in its implementation, many land sales and purchases in Gunungkidul Regency use conventional methods, and to avoid disputes or problems, buying and selling is carried out in front of the local village government. Second, in carrying out land registration for the first time, the National Land Agency of Gunungkidul Regency encountered many discrepancies between the information written in temporary land titles and the conditions in the field after research on the land parcels. There is no guarantee or guarantee against the mismatch of land purchased before land registration. Therefore, the only letter that guarantees legal certainty is a Freehold Title