scholarly journals Legal Protection Against Providers of Guarantees for Land Rights in the event of Default Debtors (Study at Bank Mandiri Bima Branch)

2019 ◽  
Vol 6 (2) ◽  
pp. 658
Author(s):  
Dina Rahayu Eka Putri ◽  
Sudiarto Sudiarto ◽  
Aris Munandar
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Third Parties ◽  
Third Party ◽  
Legal Research ◽  
Sociological Approaches

In the practice of lending at Bank Mandiri, Bima Branch is found by debtors who do not have objects in the form of land rights that can be guaranteed, but banks as creditors can still channel credit due to the appearance of third parties as guarantors, where these third parties are owners of land rights the land rights as collateral for the debtor's credit. This third party is the provider of mortgages in the APHT, as stipulated in Article 8 paragraph 1 of Law No. 4 of 1996 concerning Mortgage Rights. The problem in this research is, how is the responsibility of the guarantee provider of land rights in the event of a default debtor? And how is the legal protection of the guarantee provider of land rights in the event of a debtor's performance? The purpose of this research is to know and analyze the responsibility of the giver of the guarantee of the upper right in the case of default debtors, and to know and analyze legal protection against the giver of the guarantee of land rights in the event of default debtors. This research has benefits both practically and theoretically. The research used in this study is a type of Empirical Normative legal research, and the approach in this study is the Legislative, Conceptual, and Sociological Approaches. The collaterals of land rights are responsible for surrendering the rights to the land voluntarily to the bank to be executed by the bank in the event of a default debtor. Based on preventive legal protection, the guarantee provider of land rights has been protected under the Underwriting Rights Act, contained in Article 12, Explanation of Article 6, and Article 20 paragraph (2), and based on the Bima Bank Mandiri policy, while based on refresive legal protection guarantee providers do not have legal protection because the Underwriting Law has not yet regulated refresive legal protection.

scholarly journals Legal Protection for Village Communities Against Land Rights in the Construction of a National Strategy Project Through a Complete Systematic Land Registration System (Study of Pasuruan District Land Registration)

2021 ◽  
Vol 8 (7) ◽  
pp. 48
Author(s):  
Ratna Biraeng Kumalasari
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Third Party ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Community Needs ◽  
Village Communities ◽  
The Republic ◽  
The Government

In this study using normative legal research. Policies related to land are required to guarantee legal certainty and certainty of land ownership rights by every person (individual) or by legal entities. So the community needs to register land in order to obtain a certificate of land rights which serves as a strong means of proof of ownership of land rights by someone. Meanwhile, Article 19 paragraph (1) of the Basic Agrarian Law states that to ensure legal certainty by the Government, land registration is held throughout the territory of the Republic of Indonesia. This is done so that land owners can obtain legal certainty for the land they have owned, and it’s intended that rights holders obtain valid evidence in the form of certificates as a strong means of proof as holders of rights to the land they own. Starting from the description above, the researcher can provide several aspects of the study, including: First, the Complete Systematic Land Registration (PTSL) target is so large that it’s not an easy job for the Pasuruan Regency land office, which has 29 State Civil Servants, assisted by 63 non-government employees, due to the limited number of existing staff, the implementation of the Complete Systematic Land Registration (PTSL) land office in Pasuruan Regency involves; 1. The private sector as a third party helping 20,200 fields for measurement and mapping activities, 2. Community participation in assissting Complete Systematic Land Registration (PTSL) in village locations for 10,100 respectively, and 29,700 fields carried out and carried out by the Pasuruan Regency Land Office ASN.

scholarly journals Government Policy to Accelerating Legal Certainty of Land Through Complete Systematic Land Registration (PTSL) (Studies in Kendal District Land Office)

2019 ◽  
Vol 2 (1) ◽  
pp. 31
Author(s):  
Siti Sulistiyah ◽  
Umar Ma�ruf
Keyword(s):  
Government Policy ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Registration System ◽  
Land Registration

Problems in this study: (1) How is the implementation of activities in the District Land Office PTSL Kendal? (2) How the Government's policy to accelerate the legal certainty Landrights through PTSL ?. The method used in this research is the method of approach to socio-legal research, consisting of socio research and legal research. The results of this study are: (1) Implementation PTSL in Kendal District Land Office begins by planning activities PTSL by the Head of the Kendal District Land Office with pre inventory candidate and potential participants. (2) Government policy in speeding up the legal certainty of land rights through PTSL is based in Kendal land that already has a certificate covering an area of 13834.46 hectares.Suggestions in this study is consistent with the objectives of land registration is to provide certainty and legal protection to the rights holder, to reduce the escalation of disputes continues to grow, it is time for a land registration system through PTSL changed to positive land registration system.Keywords : Government Policy; Legal Certainty of Land Rights; PTSL.

scholarly journals The Strategy to Increase the Regional Revenue (PAD) of the Government of Central Kalimantan through the Governor Regulation No. 16/2018

2019 ◽  
Vol 2 (3) ◽  
pp. 245
Author(s):  
Suprayitno Suprayitno ◽  
Riamona Sadelman Tulis ◽  
Ira Zuraida
Keyword(s):  
Private Sector ◽  
Legal Protection ◽  
Third Parties ◽  
Provincial Government ◽  
Third Party ◽  
Legal Certainty ◽  
Central Kalimantan ◽  
Local Revenue ◽  
The Government ◽  
Positive Results

This article aimed to analyze and identify the strategies of Central Kalimantan Provincial Government as an effort to increase Regional revenue (Pendapatan Asli Daerah - PAD) through third-party grants or donations. One of the efforts made by the Central Kalimantan Provincial Government in increasing regional revenue (PAD) is through the issuance of Governor Regulation No. 16/2018 on Guidelines for the Acceptance and Management of Grants or Donations from Third Parties to the Central Kalimantan Provincial Government. The data showed that the governor’s regulation had shown positive results relating to the efforts to increase the Regional revenue in Central Kalimantan Province. Local Revenue Offices of Central Kalimantan as the leading sector to implement the regulation has made several strategic efforts including sharing/spreading the information to 3 P i.e., investors, monitoring and controlling. The purposes of the governor’s regulation No. 16/2018 to provide legal protection to guarantee the participation of third parties in Central Kalimantan development, provide legal certainty in the management and acceptance of third-party grants or donations, and create an orderly administration, transparency and accountability in acceptance the grants or third-party donations to the government of Central Kalimantan Province. The collaboration cooperation between Central Kalimantan Provincial Government and the private sector to increase Regional revenue (PAD) needs to have support from all parties.

scholarly journals Legal Protection for the Creditor as the Mortgage Holder for Granting Loan Using Collateral Land and Building Against Bad-Loan Debtor

2019 ◽  
Vol 6 (3) ◽  
pp. 766
Author(s):  
Alfi Hidayat ◽  
Sukanda Husin ◽  
Ulfanora Ulfanora
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Court Decision ◽  
Legal Research ◽  
Droit De Suite ◽  
Legal Force ◽  
Bad Loan

The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.

KEDUDUKAN SERTIFIKAT HAK ATAS TANAH SEBAGAI JAMINAN KEBENDAAN BERDASARKAN UNDANG-UNDANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH

2020 ◽  
Vol 8 (1) ◽  
pp. 57
Author(s):  
Bayu Setiawan Hendri Putra ◽  
Arief Suryono
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Analysis Techniques ◽  
Land Title ◽  
Strong Position ◽  
Agrarian Law ◽  
The Right

<p>Abstract<br />This article aims to find out the position and legal protection of holders of land title certificates as a material guarantee. This normative legal research is prescriptive and applied. The types and sources of material for this study include primary legal materials and secondary legal materials. Data collection techniques used are literature studies or document studies. Data analysis techniques are carried out by examining research from literature studies or secondary data studies. The results of this study explain that the position of Land Rights as collateral is regulated in the Basic Agrarian Law which states that land rights can be used as collateral for debt by encumbering Mortgage Rights. Land rights that can be used as Mortgage Rights objects must fulfill two elements, namely, must be registered with the Land Office and according to their nature must be transferable. Creditors have a strong position against collateral objects. Legal protection for the holder of the land rights certificate as a material guarantee if the debtor defaults, the creditor has the right to sell collateral for repayment of the receivables regulated in the Mortgage Right Act. The Mortgage Rights Act is a manifestation of the objectives of the Basic Agrarian Law in providing and guaranteeing legal certainty and legal protection in preventive and repressive forms.<br />Keywords: Collateral; Mortgage Right; Legal Protection; Land Right</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui kedudukan dan perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan. Penelitian hukum normatif ini bersifat preskriptif dan terapan. Jenis dan sumber bahan penelitian ini meliputi bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data yang digunakan yaitu studi kepustakaan atau studi dokumen. Teknik analisis data dilakukan dengan cara mengkaji penelitian dari studi kepustakaan atau studi data sekunder. Hasil penelitian ini menjelaskan bahwa kedudukan Hak Atas Tanah sebagai jaminan diatur dalam UU Pokok Agraria yang menyatakan bahwa hak atas tanah dapat dijadikan jaminan utang dengan dibebani Hak Tanggungan. Hak Atas tanah yang dapat dijadikan obyek Hak Tanggungan harus memenuhi dua unsur yaitu, wajib didaftarkan pada Kantor Pertanahan dan menurut sifatnya harus dapat dipindah tangankan. Kreditur memiliki kedudukan yang kuat terhadap benda jaminan. Perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan apabila debitur wanprestasi, kreditur berhak menjual benda jaminan untuk pelunasan piutangnya yang diatur dalam UU Hak Tanggungan. UU Hak Tanggungan merupakan wujud dari tujuan UU Pokok Agraria dalam memberikan dan jaminan kepastian hukum dan perlindungan hukum dalam bentuk preventif dan represif. <br />Kata Kunci: Jaminan; Hak Tanggungan; Perlindungan Hukum; Hak Atas Tanah</p>

scholarly journals PENYALAHGUNAAN PEMBERIAN KUASA UNTUK MENJUAL DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) OLEH PENERIMA KUASA (CONTOH KASUS : PUTUSAN MAHKAMAH AGUNG NOMOR 1846/K/PDT/2017)

2019 ◽  
Vol 2 (1) ◽  
pp. 817
Author(s):  
Livia Cindy Ariella ◽  
Endang Pandamdari
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Land Rights ◽  
Customary Law ◽  
Power Of Attorney ◽  
Legal Research ◽  
Absolute Power ◽  
Land Sale

A sale and purchase agreement is one of the most frequently made agreements. One of the most traded objects is land. According to customary law, land sale and purchase is a legal act of transferring land rights. The legal act of sale and purchase is carried out by a land deed official who has the authority to make a sale and purchase deed. Sometimes, the sale and purchase deed cannot be made because there are conditions that have not been fulfilled, so the parties first make a preliminary agreement called the binding sale and purchase agreement. Usually, the binding sale and purchase agreement is followed by power of attorney to sell. The formulation of the problem in this thesis is whether the inclusion of the power of attorney to sell is permissible, and if the recipient of the power of attorney misuses the power, what form of legal protection can be given to the authorizer. The author uses normative legal research methods that are supported by interviews to answer these problems. The inclusion of a power of attorney to sell within the binding sale and purchase agreement is permitted as long as it is not an absolute power that is prohibited by law. Legal protection that can be given to the authorizer is divided into two forms: preventive protection, a legal protection aimed at preventing the occurrence of disputes, and repressive protection, a protection that serves to resolve in the event of a dispute.

scholarly journals Perlindungan Hukum Atas Kriminalisasi Terhadap Notaris Karena Terjadinya Pembatalan Perjanjian Jual Beli Hak Atas Tanah

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 514
Author(s):  
I Gusti Ngurah Bagus Pramana ◽  
Gde Made Swardhana
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Future ◽  
Problem Formulations

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

scholarly journals Objection to the trademark application or the action of international registration of a trademark in Ukraine

2021 ◽  
pp. 87-94
Author(s):  
Olesia Kharchenko
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
The Right

Keywords: objection, opposition, trademark, appellate chamber, period of opposition The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.

PERLINDUNGAN HUKUM BAGI KONSUMEN PADA JUAL BELI RUMAH DERET DENGAN SISTEM PRE PROJECT SELLING BERDASARKAN PPJB

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Subekti Subekti ◽  
Suyanto Suyanto
Keyword(s):  
Development Process ◽  
Legal Protection ◽  
Land Rights ◽  
Public Works ◽  
Business Sector ◽  
Legal Research ◽  
Freedom Of Contract ◽  
Housing Regulation ◽  
Binding Agreement ◽  
Settlement Areas

The development of the property business sector, in particular the construction of a series of houses has created a new phenomenon regarding the sale and purchase of a series of houses and their land rights using the Pre Project Selling system based on the Purchase Binding Agreement (PPJB). PPJB is based on the principle of freedom of contract (Article 1338 of the Civil Code). Buying and selling houses that have not met the conditions will hamper the completion of transactions in the sale and purchase of these houses. The problem that often arises in the buying and selling of houses that are being built by development actors based on PPJB are aspects of consumers, where consumers are at a disadvantage. The problem in this study is "How is the legal protection for consumers in the sale and purchase of a row house with a pre-project selling system based on PPJB. This type of research is normative legal research. The legal material used is primary legal material and secondary legal material. The results of this study are consumers obtain internal and external legal protection. Article 42 of Law No. 1 of 2011 concerning Housing and Settlement Areas, confirms that the houses that are still in the development process can be marketed through PPJB if there is certainty regarding housing construction of at least 20% (twenty percent), Law No. 8 of 1999 concerning Consumer Protection and Minister of Public Works and Public Housing Regulation (Permen PUPR) Number 11 / PRT / M / 2019 concerning the Home PPJB System.Keywords: House Series, Buying and selling, PPJB

scholarly journals Pemberian Hak Guna Usaha di Atas Tanah Hak Komunal Menurut Hukum Pertanahan di Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 161-166
Author(s):  
Ni Ketut Krismanika ◽  
I Putu Gede Seputra ◽  
Luh Putu Suryani
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
Third Party ◽  
Customary Law ◽  
Analysis Approach ◽  
Legal Research ◽  
Communal Land ◽  
The Future ◽  
Legal Concepts

The granting of Communal Rights Certificates is done according to Article 18 of the MATR / KBPN regulation No. 10/2016, if it has been decided that by the Governor, the Regent / Mayor in that place there are indeed indigenous peoples, the Officer will report to the Ministry of National Land Agency (hereinafter abbreviated as BPN) so that it is not changed and the registration of Communal Rights for the land contained therein in that area. This study aims to determine the mechanism for granting communal land rights certificates for customary law associations and also to identify tenure rights with communal rights based on agrarian arrangements. This research is a normative legal research with a statutory approach and analysis approach and legal concepts. The results of this study indicate that the Decree of the Minister of Land said that if the results of the research there were indigenous peoples and their land, the inauguration of the indigenous peoples was decided by the ministry of MATR / BPN of the region to determine and register communal rights over their land in the region's BPN. The communal rights being applied for will be issued in the future the communal rights certificate of the customary law community. After the Communal Rights Certificate is issued from the BPN on behalf of the customary community, the use and use can be cooperated with a third party, in this case if there is a party who is applying for a Cultivation Right on the communal right, then the customary law community may negotiate with the applicant, in order to get the same benefits. The conclusion is that the mechanism for granting communal land rights certificates to customary law associations starts from the report of the customary head to the Regent / Mayor and the granting of Building Use Rights on Communal Rights land is allowed as long as Communal Rights as long as the customary community wants to relinquish these rights or exchange with other land.

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