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Legal Safe Purchase of Land in Islam & The Country

Legal Safe Purchase of Land in Islam & The Country

Buying and selling land is one of the most important transactions in people’s lives. Buying and selling land can be done by individuals or companies, and often involves a sizable amount of money. Therefore, it is important for us to understand the definition of buying and selling land and the conditions that must be met in the transaction. In this article, we will briefly and concisely discuss the meaning of buying and selling land and why it is important to know the conditions.

In simple terms, buying and selling land is a transaction in which a person or company sells or buys a plot of land at an agreed price. Land for sale can be in the form of vacant land or land that already has a building on it.

Land buying and selling transactions usually involve an agreement between the seller and the buyer which is made in writing and regulated in accordance with the laws in force in that country. However, apart from that there are also several other conditions that need to be met to ensure that land buying and selling transactions run smoothly and safely. So, for more details, let’s look at the importance of knowing the terms of buying and selling land which will be discussed in the next paragraph.

Terms Of Land Sale

First of all, let’s discuss what are the stages and conditions for buying and selling land in Islamic law. There are several conditions for buying and selling land in Islam to be fulfilled, namely:

– Objects: There must be objects to be traded. In this case it is the land.
– Buyers and Sellers: Of course, there must be buyers and sellers. Here you can act as a seller or buyer.
– Contract: There must be an agreement that ends in a contract. The pronouncement of this contract consists of the seller agreeing to release the object (land) and the buyer agreeing on the price and type of the object.

If the three components above are completed then the process of buying and selling land in Islam can be continued.

In carrying out a land sale and purchase transaction, there are several conditions that must be met to ensure that the agreement is legal and safe. Here are some conditions that need to be met:

1. Proof Of Land Ownership

Proof of land ownership is a very important document in buying and selling land. This document proves that the land is owned by the party who will sell the land. This proof of land ownership is usually in the form of a land certificate or land ownership rights. In ensuring the validity of this document, it is necessary to ensure that the proof of ownership of the land owned is original and valid from the local government.

2. Land Measuring Letter

A land survey is a document stating the area and shape of the land. This document also states that the land boundaries have been measured by the authorities and officially recorded. In ensuring this document, it is important to ensure that the land to be purchased is in accordance with what is desired.

3. Building Permit (IMB)

A building permit (IMB) is a document required if a house or building is to be built on the land. The IMB must be ensured that it has been issued and is still valid for the land to be purchased.

4. Dispute Free Certificate (SKBS)

A dispute-free certificate (SKBS) is a document stating that the land is free from disputes or claims from other parties. This document is very important to ensure that there will be no problems in the future.

5.Seller Declaration Letter

The seller’s statement is a document stating that the land seller is the legal owner of the land to be sold and that the land is not in dispute. This document also states that the seller is responsible for all obligations and debts related to the land to be sold.

What Factors Should Be Considered?

In addition to the stages of the land buying and selling process in Islam, namely the availability of land as an object, the presence of buyers and sellers and the pronunciation of the contract. So, there are a few things to pay attention to, namely:

– The boundaries of the object being traded must be clear. The boundary or area and size of the land are stated with legal documents.

– Not a type of waqf land.

– Ownership of the land must be clear.

– Soil is not the type of land in dispute.

– Complete and legal documents according to state law.

Land Sale Procedure

Buying and selling land is a big transaction that must be done carefully and carefully. There are several procedures that must be followed to ensure that the transaction is legal and safe.

1.Document Preparation

The first step in the procedure for buying and selling land is preparing the necessary documents. These documents include proof of land ownership, land survey, building permit (IMB), dispute-free statement (SKBS), and seller’s statement. Make sure that the documents are complete, original and valid before making a land sale and purchase transaction.

2. Price Agreement And Payment

After the documents have been prepared, the next step is to discuss prices and payments. The seller and the buyer must agree on the price and method of payment to be made. Payment is usually made in stages with an initial payment of a portion of the total agreed price and continued with payment of the remainder after all documents and permits have been completed.

3. Buying And Selling Process At The Notary Office

After the price agreement and payment is complete, the next step is to take care of the buying and selling process at the notary’s office. At the notary’s office, both parties must sign a deed of sale and purchase of land that contains details of the transaction, price agreement, and payment. After that, the notary will register the change in land ownership with the National Land Agency (BPN).

4. Land Registration At The National Land Agency (BPN)

After the buying and selling process has been completed at the notary’s office, land registration must be done at the National Land Agency (BPN). This registration aims to change land ownership in accordance with the signed deed of sale and purchase. After the registration process is complete, the buyer will receive a land certificate which is legal proof of ownership of the land.

The following is the process of buying and selling land that has a certificate

– The status of the land to be traded must be correct and there are no problems.
– Land certificates must be checked for authenticity.

– Make AJB or valid land sale and purchase deed.
– After being signed, the AJB must be brought and submitted to the BPN no later than 7 days after the contract.

So, what is the process of buying and selling land without a certificate?

Here’s how:

– Checking the land certificate (warkah) at the Village/Kelurahan office
– The identity of the land owner must be legalized by related parties such as a notary.
– Use a power of attorney if the land owner does not take care of it directly.
– Photocopy of SPPT PBB in the current year when the sale and purchase transaction process is carried out.
– A statement if the owner has installed the appropriate land boundaries.

What Factors Need To Be Considered?

In the process of land buying and selling transactions, pay attention to the following points:

– The type of land is not disputed land.
– Pay attention to the land document whether it is original or not.
– The data contained in the land certificate or document must match.
– Use the services of a notary if necessary.
– Land boundaries must also be clear according to what is registered in legal documents.

Conclusion

Land sale and purchase is a transaction in which a person or company sells or buys a piece of land at an agreed price, which can be in the form of vacant land or land with a building on it.

Land sale and purchase documents must be ensured to be complete, original and valid before carrying out land sale and purchase transactions. Several procedures must be followed to ensure that land buying and selling transactions are legal and safe, including document preparation and price agreement.

This is the procedure for buying and selling land that must be followed so that the transaction is legal and safe. Make sure to pay attention to every detail and comply with applicable procedures so that land buying and selling transactions can run smoothly. So that in the future there will be no problems.

Sugis