scholarly journals Issuance Legality of the Ownership Certificate for the Riparian Area and Its Legal Consequences in Sukoharjo Regency

2018 ◽  
Vol 5 (2) ◽  
pp. 239
Author(s):  
Argo Sri Hutomo ◽  
Lego Karjoko
Keyword(s):  
Strong Evidence ◽  
Protected Area ◽  
Research Method ◽  
Land Rights ◽  
The Public ◽  
Riparian Area ◽  
Intensive Supervision ◽  
Legal Provisions ◽  
Legal Implications ◽  
Legal Consequences

The article aims to analyze and find out the legality of the issuance of a Certificate of Property in the river border and the legal implications for those issuing and holding a Certificate of Ownership in the river border in Sukoharjo District. Research method with a normative juridical approach. The technique of collecting data which study of library. The result of the research of the land rights certificate of riparian area in Sukoharjo regency is possible the abuse of authority of the National Land Office of Sukoharjo Regency issuing the certificate of property right without taking into account other legal provisions. By law the issuance of the boundary rights certificates of rivers in Sukoharjo District remains valid, but legally flawed. River border property rights certificates can be canceled if there is a demand from the public by filing a lawsuit to the State Administrative Court. The ownership certificate in the river border can not be used as collateral or as a strong evidence against the certificate. The certificate of title to land in the river border in Sukoharjo regency, indicates the principle of prudence has not been implemented properly in the issuance of certificates of land rights. There needs to be more intensive supervision on the issuance of certificates of ownership of riparian area soil and more assertive to consolidate the soil that should be a watershed so that the function of river border which is a protected area will be maintained and the creation of a pattern of utilization of space in accordance with its purpose.

scholarly journals ANALISIS YURIDIS HAK EIGENDOM VERPONDING SEBAGAI JAMINAN KEBENDAAN

2020 ◽  
Vol 2 (1) ◽  
pp. 38-55
Author(s):  
Irman Widi Kurniawan ◽  
Etty Mulyati ◽  
Betty Rubiati
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Status Quo ◽  
Legal Certainty ◽  
Proof Of Ownership ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

ABSTRAKDi dalam bagian kedua UUPA mengatur tentang pelaksanaan konversi hak atas tanah menjadi wujud kepastian hukum sebagaimana ketentuan Pasal 33 ayat (3) UUD 1945. Namun kepastian hukum terhadap konversi Hak atas tanah barat terutama sertifikat Hak Eigendom Verponding masih menjadi problematika tersendiri bagi masyarakat yang memiliki bukti kepemilikan hak atas tanah barat tersebut apabila dijadikan sebuah jaminan guna memperoleh fasilitas kredit. Metode penelitian yang digunakan ialah yuridis normatif dengan kajian bahan hukum primer, sekunder serta tersier. Berdasarkan pembahasan tersebut bahwa Kepastian Hukum terkait konversi hak Eigendom Verponding telah memiliki kekuatan hukum mengikat dengan ketentuan diperlukan konversi sehingga dapat dijadikan objek jaminan namun dalam prakteknya masih terdapat objek jaminan dengan tidak memperhatikan asal mula objek jaminan tersebut serta akibat hukum terhadap konversi hak atas tanah tersebut adalah pemberlakuan UUPA menjadi dasar bahwasanya prinsip status quo hak atas tanah terdahulu memberikan jaminan kepastian hukum dengan ketentuan hak-hak lama menjadi tidak diakui keberadaannya. Kata Kunci: hak atas tanah; hak barat; kepastian hukum jaminan; konversi ABSTRACTIn the second section of the UUPA regulates the conversion of land rights into a form of legal certainty as stipulated in Article 33 paragraph (3) of the 1945 Constitution. But the legal certainty of the conversion of the Right to western land, especially the Eigendom Verponding Rights certificate, remains a problem for people who have proof of ownership of the western land if it is used as a guarantee to obtain credit facilities. The research method used is normative juridical with the study of primary, secondary and tertiary legal materials. Based on the discussion that legal certainty related to the conversion of rights Eigendom Verponding has had a binding legal force with the necessary provisions of conversion so that it can be used as an object of guarantee but in practice there is still an object of guarantee by not taking into account the origin of the object of the guarantee and the legal consequences of the conversion of the right to land is the enactment of the UUPA being the basis that the principle of the status quo of the former land rights provides a guarantee of legal certainty with the provisions of old rights to be unclaimed civility. Keywords: conversion; guarantee legal certainty; land rights; western rights

scholarly journals Pengawasan terhadap Notaris yang Tidak Membuka Kantor

2020 ◽  
Vol 21 (3) ◽  
pp. 473-486
Author(s):  
Mariana Mariana ◽  
Darmawan Darmawan ◽  
Suhaimi Suhaimi
Keyword(s):  
Research Method ◽  
Legal Provisions ◽  
Legal Consequences

Penelitian ini bertujuan mengkaji akibat hukum terhadap notaris yang tidak membuka kantor, dikaitkan dengan pengawasannya. Setelah pengambilan sumpah dan pelantikan, notaris wajib menjalankan jabatannya secara nyata yaitu salah satunya wajib membuka kantor. Kenyataanya masih ditemukan notaris yang tidak membuka kantor. Metode penelitian ini adalah yuridis empiris, dengan mengkaji ketentuan hukum yang berlaku serta apa yang terjadi dalam kenyataan masyarakat. Hasil penelitian menunjukkan bahwa akibat hukum bagi notaris yang tidak membuka kantor, Majelis Pengawas Daerah bisa merekomendasikan kepada Majelis Pengawas Wilayah dan Majelis Pengawas Pusat untuk menjatuhkan sanksi terhadap notaris yang kantor tidak dibuka. Diharapkan Majelis Pengawas Daerah lebih tegas dalam melakukan pengawasan terhadap notaris yang tidak membuka kantor, melakukan pemeriksaan dan pembinaan secara rutin kepada notaris supaya tidak ada notaris yang tidak membuka kantor, dan notaris bisa melaksanakan tugas dan kewajibannya sesuai dengan perundang-undangan yang berlaku. Supervision of Notary That Does not Open an Office This study aims to examine the legal consequences of notaries who do not open offices, linked to their supervision. After taking an oath and inauguration, the notary is obliged to carry out his position significantly, one of which must open an office. The fact is still found notary who does not open an office. The research method is empirical juridical, by reviewing the applicable legal provisions and what is happening in the reality of society. The results showed that the legal consequences for notaries who did not open offices, the Regional Supervisory Council could recommend to the Regional Supervisory Council and the Central Supervisory Council will impose sanctions. It is hoped that the Regional Supervisory Council will be more assertive in supervising notaries, conduct regular checks and guidance so that there are no notaries who do not open offices, and notaries can carry out their duties and obligations in accordance with applicable laws.

scholarly journals The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Gabriella Talenta Sekotibo
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Land Registration ◽  
Strength Of Evidence ◽  
Legal Standing ◽  
Legal Consequences

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.

scholarly journals Konsep Waris Anak Angkat dalam Wasiat Wajibah Perspektif KHI dan Prof. Wahbah Zuhaili

2021 ◽  
Vol 1 (3) ◽  
pp. 232-239
Author(s):  
Nur Farikha ◽  
M. Ali Syaifudin Zuhri
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Islamic Law ◽  
Positive Impact ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
The Public ◽  
The Will ◽  
Legal Consequences

When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.

E-Court

2021 ◽  
pp. 1-16
Author(s):  
Yordan Gunawan ◽  
Rizaldy Anggriawan
Keyword(s):  
Industry 4.0 ◽  
Research Method ◽  
Access To Justice ◽  
Legal Research ◽  
The Public ◽  
Positive Law ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Court Proceedings ◽  
Legal Discovery

Facing the advanced Industry 4.0, where everything is closely tied to technology and is characterized by digitalization, the Supreme Court of Indonesia has introduced the implementation of e-justice by developing an electronic justice system (e-court) in 2018. The study aims to highlight the current practice of e-court in Indonesia. It also examines the existing implementation and legal provisions regulating the electronic-based court proceedings. The research method used is normative legal research. It analyzes the positive law, principles, doctrines of law, legal discovery in particular cases, legal systematics, legal comparison, and legal history. The study revealed that e-court has provided easier access to the public in order to make the court more accessible, effective, and efficient. Nevertheless, several improvements in particular sectors such as access to justice, case delays, human resource readiness, public internet facility, evidence management, and hearing session procedures need to be highlighted and updated by the court.

scholarly journals Analisis Yuridis Putusan Bebas terhadap Kasus Tindak Pidana Pembunuhan

2019 ◽  
Vol 2 (2) ◽  
pp. 399-411
Author(s):  
Ramot Lumbantoruan
Keyword(s):  
Research Method ◽  
Legal Theory ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
The Public ◽  
Legal Provisions ◽  
Procedure Code ◽  
Judicial Role

The purpose of this research is to describe the legal arrangements regarding the Free Verdict according to positive legal provisions, the Judicial role of the Judge in deciding a case and Juridical Analysis of a conviction for a murder crime (Study of Judgment Number 423 / Pid / 2008 PN. South Jakarta. This research method is normative juridical research.The nature of this research is descriptive analysis, which is a method used to describe a condition or condition that is happening or ongoing in order to provide as much data as possible about the object of research so as to explore things that are ideal, then analyzed based on legal theory or applicable laws and regulations.Results of this study, first, the legal arrangements regarding the acquittal according to positive legal provisions is to look at Article 191 Paragraph (1), paragraph (2) and paragraph (3) of the Criminal Procedure Code specifically also provides an understanding that reinforces its role law about being free from all lawsuits. Second, the role of judges legally in deciding a case in the decision of Case Decision Number 423 / Pid / 2008 / PN. South Jakarta is a judge must pay attention to the interests of various parties, both the interests of the defendant, witnesses, and the interests of the Public Prosecutor.

scholarly journals Implikasi”Yuridis Pembacaan dan Penandatanganan Akta Risalah e-RUPS yang Dibuat oleh Notaris

Kosmik Hukum ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 38
Author(s):  
Ninik Alfiyah ◽  
Mohammad Saleh
Keyword(s):  
Information Technology ◽  
Research Method ◽  
Rapid Development ◽  
Limited Liability ◽  
Legal Basis ◽  
Legal Implications ◽  
Long Time ◽  
The Stability ◽  
Legal Consequences ◽  
Made In

The rapid development of information technology has been responded to positively by the Indonesian government for a long time, especially in organizing an electronic GMS, as regulated in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies. Guidelines for implementing e-GMS were only issued in 2020 because the Covid-19 pandemic threatens the economy and/or the stability of the country's financial system, this provision is in the form of POJK Number 16/POJK.04 / 2020. In Article 12 of the POJK, the implementation of e-GMS is obliged to be made in the form of a notary deed. This raises problems regarding the procedures for reading and signing deeds that cannot be done electronically because they are considered contrary to the Civil Code, the Law on Notary Position, and the ITE Law. The purpose of this research is to analyze the legal basis for the implementation of e-GMS and the minutes of the meeting and the legal consequences of reading and signing the e-GMS Notarial Deed electronically. This study uses a normative juridical research method. The results of the study explain that if the notary reads and signs the e-GMS deed electronically, it will have implications for the evidentiary power of the deed, which is equivalent to the letter under the bill because no regulation explicitly gives the notary authority in that field, so the advice given is e. -RUPS can be conducted electronically, however, the minutes of the meeting are made by the minutes of the meeting, and a copy is given to a notary so that the deed is in the form of a deed of partij and not a deed of relaas. Keywords:  legal implications, reading and signing of the deed, e-GMS

scholarly journals ANALISIS TERHADAP SENGKETA TANAH TERKAIT PENERBITAN SERTIPIKAT HAK GUNA BANGUNAN NOMOR 2849 (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 496/K/TUN/2017)

2018 ◽  
Vol 1 (1) ◽  
pp. 462
Author(s):  
Evani Sugiharto ◽  
Hasni .
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Legal Research ◽  
Concrete Case ◽  
Public And Private ◽  
Land Registration ◽  
Legal Provisions ◽  
Land Title ◽  
Legal Relationship ◽  
Legal Security

Agrarian Law is overall legal provisions, both written and unwritten, which all of that have the same set of objectsthat is as legal institutions and as a concrete legal relationship, public and private aspect, which can be arranged and studied systematically. In agrarian section, in order to deal with concrete case, granting of legal security can’t be realized only with the availability of legal instruments. Land registration is required which will result certificate as a strong sign of land title. Lack of awareness in the importance of land registration activities and uncertainty over the grounds of the rights to the land owned.the problem in thiswritting ishow the implementation of Building Rights Title provition number 2849 according to the data from plaintiff and defendant over ground subject are already in accordance with legal provisions? The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed qualitatively. The result is Head of South Jakarta Land Officer who issued a Decree on Granting of Land Rights on December 5, 2013 number 991 not in accordance with the procedure in article 26 section 1 and article 28 section 1,3 Government Ordinance number 24/1997 because it has been issued 7 days prior to the end of the announcement period, so there are procedural defect in the Building Rights Title number 2849/Cilandak Barat.

scholarly journals Sanksi Bagi Notaris Yang Mempromosikan Jabatannya Pada Sosial Media

2019 ◽  
Vol 4 (1) ◽  
pp. 31-41
Author(s):  
Meishell Njoto
Keyword(s):  
Social Media ◽  
Research Method ◽  
Code Of Ethics ◽  
Secondary Data ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Ethics Code ◽  
Notary Public ◽  
Legal Consequences

Notary plays an important role in making authentic deed in Indonesia. Notaries are often referred to occupying honorary positions as general or state officials. As the holder of an honorary position trusted by the public to make an authentic deed, the Notary must comply with the applicable laws and the Code of Ethics. Obligations and prohibitions of Notaries have clearly been regulated in UUJN and Notary Ethics Code, but that does not mean there are no Notaries who violate these rules. In order to find out what the legal consequences of a notary who violated social media promotion, the authors conducted this research. The research method used in this study is normative legal research. Normative legal research is legal research conducted by examining materials derived from various laws and regulations and other materials from various literatures. Which means this research examines secondary data material or does a literature review. The approach used in this study is the statutory approach and the conceptual approach. The result of this research is the prohibition on promotion through social media which actually has been regulated in various rules regarding notaries along with the legal consequences if the Notary Public violates these rules.

scholarly journals Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama

2021 ◽  
Vol 2 (3) ◽  
pp. 490-495
Author(s):  
I Gede Agus Dedy Andika ◽  
I Nyoman Gede Sugiartha ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Criminal Code ◽  
Legal Research ◽  
Secondary Sources ◽  
Criminal Sanctions ◽  
Legal Provisions ◽  
Legal Consequence ◽  
Materials Used ◽  
Incorrect Information ◽  
Legal Consequences

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.

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