scholarly journals Legal Review Regarding the Cancellation of Authentic Deed Made By Public Official Due to Unlawful Action (Case Study of Court Decision Number: 57/Pdt.G/2012/PN.Pdg)

2019 ◽  
Vol 6 (3) ◽  
pp. 443
Author(s):  
Adeyuni Anisah ◽  
Zainul Daulay ◽  
Beatrix Benni
Keyword(s):  
Competent Authority ◽  
Court Decision ◽  
District Court ◽  
Public Official ◽  
Legal Basis ◽  
Court Judge ◽  
Research Problems ◽  
Case Number ◽  
Action Case

Making a testament is bound by the form and method determined by the laws and regulations. When it is ignored, it may result cancellation to the testament. Similarly, grants in any law are basically irrevocable; however, if it does not meet certain conditions, the grant can be canceled. One example is a lawsuit for the cancellation of a will and a deed made before a Notary/ Conveyancer in Padang City. Even though the deed is physically and formally in accordance with the provisions determined by the Law, however, there is an error materially from the contents of the deed due to an unlawful action. Regarding to this, the authors formulated the research problems as follows: 1. What is the legal basis of the plaintiff’s claim to the Padang District Court?, 2. What is the basis for consideration of the Padang District Court judge in deciding the case Number: 57/PDT.G/2012/PN.Pdg?, and 3. How is the implementation of decision Number: 57/PDT.G/2012/PN.Pdg concerning the cancellation of the transfer of the object of dispute at the Padang City National Land Agency? This study applies a normative juridical method. The results of the study include: 1) There is a clause in the grant deed in Article 6, if both parties—in this case with all the consequences—choose a common legal residence at the clerk office of the Padang District Court and do not change that choice. 2) The inherited and granted property violates Article 913 of the Civil Code on the absolute right of the heir (legitieme fortie). 3) In the implementation of decision Number: 57/PDT.G/2012/PN.Pdg, the cancellation of the transfer of the object of the dispute has not yet been processed by the competent authority.

scholarly journals Returning the Name of Certificate of Property Right based on Judge Decision in the Regency Indragiri Hulu, Riau Province

2021 ◽  
Vol 8 (8) ◽  
pp. 263
Author(s):  
Hendra Roza ◽  
Kurnia Warman ◽  
Muhammad Hasbi
Keyword(s):  
Competent Authority ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Transactions

In order to support land registration in accordance with the rule of law, it is necessary to take legal action that can be useful for people who want to transfer names to land transactions such as buying and selling grants and others, so as to provide legal certainty in society, and the names of people. which has obtained land can be listed in the certificate, one of the changes in the name of the land certificate can occur due to a court decision, where the applicant can request the court to order the Land Office to change the name of the applicant, therefore it is necessary to see how the mechanism of transfer of name is court ruling. In this study, the formulation of the problem is formulated, namely: 1. How is the process of changing the name of the certificate of title to land based on the judge's decision in the Indragiri Hulu district, Riau province, case study number: 42/Pdt.G/2017/PN.Rgt? 2. What is the Mechanism of Registering Land Rights Based on the Judge's Court Decision? The theory used in this research is the theory of legal certainty and the theory of authority. The method used in this thesis is a normative juridical approach, the data sources are primary, secondary and tertiary legal materials. The results of the research obtained are that the procedure for the transfer of title to ownership certificates 42/Pdt.G/2017/PN.Rgt at the Land Agency Office of Indradiri Regency, namely: takes 20 days. The mechanism for registering land rights based on court decisions, in this case district court decisions, is more casuistic in nature and depends on the court's decision itself. The interpretation of the competent authority is needed in making decisions regarding the determination of procedures (Issuance, Transfer and/or cancellation of rights) and the legal basis used (PP No. 24 of 1997 or Regulation of the Head of BPN No. 3 of 2011) to carry out land registration based on the court's decision , while the registration of land rights based on the Decision of the State Administrative Court is simpler and more focused than the registration of land based on the Decision of the District Court (Civil).

scholarly journals Juridical Overview of Loan-Lending Agreements that are Declared Void by Law

Arkus ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 86-93
Author(s):  
Muhammad Nur Ukasyah
Keyword(s):  
Competent Authority ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
The West ◽  
Legal Implications ◽  
The Law ◽  
Case Number ◽  
Made In

This study aims to determine whether the decision of West Jakarta District Court which decided Loan Agreement between Nine AM Ltd. with PT. Bangun Karya Pratama Lestari is null and void according to the law of treaties or not and to know the legal implications of the West Jakarta District Court decision in Case Number 451 / Pdt.G / 2012 / PN.Jkt.Bar about the cancellation of loan agreements. This research using normative legal research by the statute approach and a case approach. The results of this study were 1) the West Jakarta District Court decision was in accordance with the law of treaties that the agreement is null and void. This decision caused by the Loan Agreement was infringing Article 1320 of the Burgerlijk Wetboek, that is not the fulfillment of the elements of a cause of the lawful and contrary to Article 31 of Act number 24 of 2009 concerning Flag, Language, and The State Emblem and Anthem Language and Article 1339 of the Burgerlijk Wetboek which provides that an agreement is not only bound to what is explicitly approved in the agreement, but also bound by propriety, customs, and laws. 2) Juridical implications of that decision is any agreement that is not made in accordance with the provisions of Article 31 Act number 24 of 2009 concerning Flag, Language, and The State Emblem and Anthem will be declared null and void / agreement is deemed never existed and the parties returned in original condition. Likewise with any follow-up agreement (assumed as accessories) will be declared null and void anyway, even the agreement made with the competent authority knowing it.

scholarly journals Case Review of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building

NORMA ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 37
Author(s):  
Ramzi Maulana Arghie
Keyword(s):  
Bargaining Power ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Case Review ◽  
Legal Research ◽  
The Law

The research, entitled Case Study of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building aims to find out whether or not Dirk Tatipata is said to have defaulted on the Sale and Purchase Agreement (PPJB) of land, which he did with Ronald Sanjaya, how the legal protection for Dirk Tatipata as the party who was harmed by the decision of the Surabaya District Court, This is normative legal research, Based on the results of the study, it can be concluded that legally, it is clear that Dirk Tatipata does not have high bargaining power and is a seller of land and buildings on Jl. Sleep No. 103 that has been done in front and signed by Notary Anita Lucia Kendarto, S.H., M.Kn. with several letters/deeds. Thus, legal resistance is still being carried out by carrying out a lawsuit in the land and building dispute case at the Surabaya District Court, and ending his defeat coupled with a penalty of trial fees and payment for his unlawful actions harmed Ronald Sanjaya as the legal owner of the land and buildingsKeywords: Agreement, Sale, and Purchase of Land and Buildings, Against the Law

scholarly journals KONSEP CULPA DALAM PERKARA PIDANA SUATU ANALISIS PERBANDINGAN PUTUSAN NOMOR 18/Pid.B/2017/PN.TOBELO

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Aspect ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Court Judge

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences

scholarly journals Tax Debt in the Bankruptcy Dispute: Industries Badja Garuda Inc. v.s. Tax Office of Medan Belawan

Rechtsidee ◽  
2018 ◽  
Vol 4 (2) ◽  
Author(s):  
Rilda Murniati ◽  
Richmond Cosmas Tobias
Keyword(s):  
Supreme Court ◽  
Court Decision ◽  
District Court ◽  
The Supreme Court ◽  
The Status ◽  
The Law ◽  
Study Type

The biggest problem for the debtor who is the business actor is his inability to repay the loan to the creditors in case the business activities have problems. The inability to pay may result in the debtor being petitioned for bankruptcy by the creditor or the debtor himself. Curator as the party who performs the management and the settlement of all debtor debts is obliged to make a bill list based on the nature and rights of the bills of creditors as stipulated in Act Number 37 Year 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts (the Law 37/2004). The problem that occurred in the case of Bankruptcy of Industries Badja Garuda Inc. (IBG Inc.) that the Tax Office of Medan Belawan (Tax Office) made a legal effort against the list of tax bills made by the curator of IBG Inc. which set Tax Office as the concurrent creditor through renvoi procedures to the Court Commerce so that the Tax Office loses its precedent over tax debt as stipulated in the Law of Commercial Court refuses the request so that the cassation law is also applied to the Supreme Court which in its decision strengthen the decision of the District Court. For that reason, there is a review effort but the Supreme Court in its sentence Number 45 PK/Pdt.Sus/Pailit/2016 still reinforces the previous verdict. This research is normative research with descriptive type and problem approach applied is normative applied with case study type of court decision. The result of the research indicates that the Tax Office has lost its predecessor right as regulated in Article 21 Paragraph (4) in Act Number 16 Year 2009 regarding General Provisions and Tax Procedures (the Law 16/2009) on the status of tax debt of IBG Inc.

scholarly journals Sexual Violence against Wife Based on Law No. 23 of 2004 Concerning Elimination of Violence in Households and Islamic Law (Analysis of the Decisions of the Bangil, Denpasar and Medan District Courts)

2021 ◽  
Vol 3 (1) ◽  
pp. 124-134
Author(s):  
Masdoki
Keyword(s):  
Qualitative Research ◽  
Sexual Violence ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Comparative Approach ◽  
Court Decisions ◽  
District Courts ◽  
Sexual Relations ◽  
Court Judge

This study aims to determine what forms of sexual violence against wives are based on Law no. 23 of 2004 and Islamic Law. To find out what forms of sexual violence against wives in the decision of the Bangil District Court No. 912/Pid/B/2011/PN.Bgl, Denpasar District Court Decision No.89/Pid.Sus/2014/PN.Dps and Medan District Court Decision No.264/Pid.Sus/2018/PN Mdn. To find out what were the basis for the judge's consideration in giving a decision at the Bangil District Court, the Denpasar District Court decision, and the Medan District Court decision regarding sexual violence against wives. Qualitative research was conducted with a revelatory approach, a statute approach, a case approach and a comparative approach. The results of this study indicate that: (1) forms of sexual violence against wives based on Law no. 23 of 2004 and Islamic Law is any act in the form of coercion of sexual relations, in an inappropriate and/or inappropriate manner, forcing sexual relations with other people for commercial purposes and/or for specific purposes. (2) the forms of sexual violence against wives in the decisions of the Bangil District Court, Denpasar District Court decisions and Medan. (3) The consideration of the Bangil District Court judge.

scholarly journals The Role of the Notary in the Credit Agreement with Mortgage Guarantee (Case Study in the Bank Tabungan Negara (Persero) Tbk)

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 719
Author(s):  
Amalia Chusna Chusna ◽  
Jawade Hafidz
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Research Literature ◽  
District Court ◽  
Primary Data ◽  
Public Official ◽  
Credit Agreement ◽  
Settlement Of Disputes

The purpose of this study was to: 1) Analyze determine and analyze the role of the notary in the completion of the loan agreement with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk. 2). Analyzing the causes of a default in settlement of loans with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk. 3) Analyze the settlement of disputes in the credit agreement with collateral Mortgage PT. Bank Tabungan Negara (Persero) Tbk.This research is a field research or empirical research with sociological juridical approach. Sociolegal research done by researching in the field (field research) by means of interviews with respondents who are the primary data and researching library materials is a secondary data and also referred to the research literature. Analysis of data using Qualitative analysis.The research results are: 1) Task, responsibilities and authority of the Notary is a deed of credit agreement requested by the bank based on information that is clear, to legalize the deed of credit agreement, and is responsible for the correctness, accuracy, completeness of documents, provide counseling to clients / debtors , conceal the identity of the debtor's creditors, enter into a deed of the District Court registry book. 2) Notarial acts as a public official entitled to a deed of credit agreement. And provide legal certainty for the parties to the credit agreement. Besides the role of the Notary as well as the authorities to check against collateral in the form of Encumbrance to ascertain whether goods such guarantee was legal or not, or to avoid if there is a possibility in the collateral Mortgage were made in the warranty is still disputed law or case law. 3) Barriers faced by a Notary is a lack of understanding on banking borrowers, thus providing an explanation to the parties concerned to a mistake in making the agreement can be minimized.Keywords: Deed; Loan Agreement; Encumbrance.

scholarly journals Sanksi Pidana oleh Tindak Pidana Mengedarkan Simpanan Farmasi Kosmetika Tanpa Izin Edar (Studi Kasus Putusan Pengadilan Negeri Denpasar No. Perkara 491/Pid.Sus/2018/PN DPS)

2021 ◽  
Vol 2 (1) ◽  
pp. 218-222
Author(s):  
Rafael Aza Pramesuari ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Court Decision ◽  
District Court ◽  
Criminal Sanction ◽  
Legal Argument ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Case Number

This study aims to identify and explain criminal sanctions for cosmetic producers or sellers who do not have this distribution license. The type of research used is normative legal research by analysing cases using the Denpasar District Court Decision Case Number 491/Pid.Sus /2018/ PN DPS. This study uses a statutory approach by examining all laws related to this case, conceptually by combining the opinions of experts so that it becomes the author's legal argument, and the case approach is by using a court decision. The results of the study show that there must be elements that indicate that a person has committed a criminal act, and in this writing there are 3 (three) elements that explain that the defendant committed a criminal act. Imposition by the criminal sanction of distributing cosmetic pharmaceutical deposits that do not obtain a distribution permit as regulated in Law Number 36 of 2009 concerning health is regulated in articles 197-201. In this case, the Panel of Judges considered Article 197, namely a maximum imprisonment of 10 (ten) years and a maximum fine of 1,000,000,000 (one billion rupiah). However, the defendant here does not need to undergo the sentence unless later there is another order from the Judge's decision that he has been guilty of committing a criminal act during the probation period has not ended.

scholarly journals ANALISIS YURIDIS TERHADAP ALAT BUKTI VISUM ET REPERTUM PSIKIATRIKUM DALAM KASUS TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN PENGADILAN TINGGI BANJARMASIN NOMOR 42/PID/2017/PT BJM)

2019 ◽  
Vol 2 (2) ◽  
pp. 882
Author(s):  
Yitro Daniel ◽  
Dian Adriawan Dg Tawang
Keyword(s):  
Law Enforcement ◽  
District Court ◽  
Post Mortem ◽  
High Court ◽  
Legal Evidence ◽  
Court Judge ◽  
Procedure Code ◽  
Expert Interview ◽  
Valid Evidence

Based on Decision Number 20 / Pid.B / 2017 PN.Mrh has reported rape issued by the wife of Suwito Budi Santoso while the wife of Suwito Budi Santoso is named Sumaryati. However, Decision Number 42 / PID / 2017 / PT.BJM, the Banjarmasin High Court Judge Council acquitted 7 defendants who were not proven in rape cases. However, in the court's ruling, the Banjarmasin High Court contained anomalies that differed from the Verdict of the Marbahan District Court, namely from the expert's statement and the results of the post mortem psychiatric review. The problem is how is the juridical analysis of the evidence evidence and psychiatric repertum in the case of rape (case study of the Decision of the High Court in banjaran 42 / PID / 2017 / PT BJM)? The author approves this problem using normative research methods supported by expert interview data. The author creates in Article 184 the Criminal Procedure Code valid evidence is divided into 5 (five), which consists of legal evidence categorized Letters which are translated Article 187 and in Perma No 3 of 2017 in Article 4 to be discussed by the Judge. The author asks that for Law Enforcement, to pay more attention to what matters are the contents of the legislation. Investigators, Public Prosecutors, Judges, and government institutions that are involved in the tools of the post mortem and psychiatric repertum in the crime of rape, must really realize the contents of the agreement. So that the legal certainty given by the State to the community can be fully accepted

scholarly journals Disparity of Judge's Decision on Children Of Narcotics Crime Actors Study on Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.

2020 ◽  
Vol 2 (4) ◽  
pp. 579
Author(s):  
Dudu Wawan Setiawan ◽  
Bambang Tri Bawono
Keyword(s):  
Law Enforcement ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Research Society ◽  
Court Decision ◽  
Primary Data ◽  
State Court ◽  
Court Judge ◽  
Case Number

The problem of this research is Why the disparity between the criminal Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps.? Whether due to the disparity of criminal child Narcotics Crimes between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. ?The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. Now sources and types of data in this study are primary data obtained from interviews with field studies Denpasar State Court Judge, and secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of Pancasila justice, law enforcement and progressive.Based on the results of research that Children judge anyone considering the Research Society (Litmas) Community Advisors (PK) from the Institute of Corrections (Bapas) that, as considered by the Child Justice in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. Children temporary Judge's decision in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. not considering it, should judge Children in case number 3 / Pid.Sus.Anak / 2014 / PN.Dps. PK Litmas Bapas expensive, because the perpetrators of the Child is the only user, but instead judge Children in case number 14 / Pid.Sus.Anak / 2015 / PN.Dps. considering Litmas PK Bapas, whereas perpetrators Children in this case proved to be a dealer. Disparities criminal perpetrators of criminal acts against children Narcotics between Denpasar State Court Decision No. 3 / Pid.Sus.Anak / 2014 / PN.Dps. by Denpasar State Court Decision No. 14 / Pid.Sus.Anak / 2015 / PN.Dps. implications for the protection of child neglect.Keywords: Children; Disparity; Narcotics; Decision; Crime Actor.

Sign in / Sign up

Export Citation Format

Share Document