scholarly journals Cancellation of Land Certificate Based on The Court Decision in Indonesian Legal System

2019 ◽  
Vol 6 (5) ◽  
pp. 471
Author(s):  
Panji Utama Silva ◽  
Rene Descartes ◽  
Debby Dwita Sari Daulay
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Reason ◽  
The Status ◽  
Ownership Rights ◽  
Legal Force

Judge's decision has many benefits in achieving legal certainty, including in the case of the cancellation of certificate of ownership, but for the cancellation of the certificate must be canceled through the Land Office, because legally formally the cancellation is not enough with a court decision only, based on the Regulation of the National Land Agency Number 11 of 2016 concerning Settlement of Land Cases there are rules on how to revoke certificates of ownership based on court decisions that have permanent legal force. Object of research is how the to cancel the certificates of land based on court decisions that have permanent legal force, then the legal status of certificates of ownership rights that have not been canceled based on decisions that have permanent legal force. The cancellation certificates of land based on court decisions that have legal force must still be carried out based on the qualifications of Article 49 of Law Number 11 of 2016. The legal reason for refusing to cancel the certificate is to be qualified according to Article 49 paragraph 2 and Article 58 of Law Number 11 In 2016. The status of the certificate that has not been canceled, then legally formally it still belongs to the party listed on the certificate so that legally transferring rights can still be carried out on behalf of the parties listed on the certificate. The suggestion in this research is that the process of canceling the certificate is by requesting the determination of the court to cancel the certificate contained in the object of the case so that a formal juridical cancellation can be carried out at the Land Office based on Law No. 11 of 2016.

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 Fungsi Pengawasan Hakim Pengawas dan Pengamat terhadap Pembinaan Warga Binaan

2019 ◽  
Vol 1 (2) ◽  
pp. 77-88
Author(s):  
Elvi Susanti
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Method ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Social Reintegration ◽  
Legal Force

Penelitian ini bertujuan untuk menganalisis fungsi pengawasan hakim terhadap putusan pengadilan. Penelitian didasari pada bahwa pengawasan pada tahap pelaksanaan putusan dalam sistem peradilan pidana dapat dilakukan setelah adanya putusan pengadilan yang telah berkekuatan hukum tetap (incraht). Metode Penelitian yang digunakan adalah metode penelitian normative. Hasil penelitian menunjukkan bahwa Fungsi pengawasan hakim pengawas dan pengamat (Kimwasmat) terhadap pembinaan warga binaan (Wabi) adalah memberikan kepastian terhadap jaminan perlindungan hak asasi warga binaan (Wabi); memberikan jaminan kepastian hukum terhadap pelaksanaan putusan hakim; jaminan pembinaan warga binaan (Wabi) dalam rangka reintegrasi sosial di masyarakat This study aims to analyze the supervisory function of judges against court decisions. The research is based on the fact that supervision at the stage of implementation of the verdict in the criminal justice system can be carried out after the existence of a court decision that has permanent legal force (incraht). The research method used is a normative research method. The results of the study showed that the function of supervising supervisors and observers (Kimwasmat) towards fostering the assisted citizens (Wabi) was to provide assurance of the guarantee of the protection of the human rights of the assisted people (Wabi); provide legal certainty against the implementation of judges' decisions; guarantee of fostering fostered citizens (Wabi) in the context of social reintegration in the community.

scholarly journals DETERMINATION OF THE LEGAL STATUS FOR DISASTER EMERGENCY IN INDONESIA

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 23-42
Author(s):  
Teuku Ahmad Dadek ◽  
Husni Husni ◽  
Mahdi Syahbandir ◽  
M. Ya’kub Aiyub Kadir ◽  
Yanis Rinaldi ◽  
...  
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Central Government ◽  
Regional Government ◽  
Legal Certainty ◽  
Legal Implications ◽  
The Status ◽  
Property Loss ◽  
Legal Mechanism

Article 7 paragraph (2) of the Law Number 24 Year 2007 concerning Disaster Management (UUPB) stipulates that the establishment of a disaster emergency status must contain indicators that include the number of victims, property loss, the damage of the infrastructure and facilities, the extent to which an area is affected by the disaster and the socio-economic impacts that arise. Paragraph (3) of the article states that further provisions regarding the establishment of the status and the level of the disaster are regulated through a Presidential Regulation. However, the Presidential Regulation has not yet been issued while the Letter of Decision on the Disaster Emergency Status continues to be published, which causes legal uncertainty in its implementation. Hence this article investigates the legal mechanism in determining a disaster emergency status that guarantees legal certainty, its legal implications, and steps the (central) Government and the Regional Government should take in dealing with such legal implications. The research method employed in this study is the juridical normative research. Research on disaster legislation, especially in determining disaster emergency status, has not yet demonstrated legal certainty. This is due to the absence of legal mechanisms and positive legal formalities that are built from legal facts that lead to multiple interpretations and to legal disputes. The absence of the Presidential Regulation (Perpres) as a UUPB manifestation for determining the emergency status of a disaster as stipulated by autonomous provinces/districts (Decree) has contributed to the potential arbitrary use of state funds. Therefore, the Presidential regulation is urgently required.

scholarly journals THE COURTS AND TREATIES: INDONESIA’S PERSPECTIVE

2017 ◽  
Vol 1 (1) ◽  
pp. 1-18
Author(s):  
Damos Dumoli Agusman
Keyword(s):  
International Law ◽  
Legal System ◽  
Court Decision ◽  
Clear Indication ◽  
The Status ◽  
Domestic Law

AbstractThis article discusses the enforceability of treaties under Indonesian legal system. The purpose of this article is to explore and provide answers to the following questions: (i) whether or not international law may be directly invoked and enforceable under domestic legal system (ii) how and to what extent Indonesian courts are using international law especially the treaties. In providing analysis to the above questions, this article discusses the notion of courts and judicial competence and judicial attitude towards treaties. This article suggests that there is no doubt that the courts may apply treaty provisions to the case at hand without and by virtue of national legislations. However, the attitude of the courts towards treaties as demonstrated in a number of cases above does not reveal any clear indication on the question of the status of treaties under domestic law especially with regard to the method on how the legal system incorporates treaties under domestic law. The Court decision has therefore not yet contributed to the attempt for seeking a legal determination of the domestic status of a treaty as well as the mode for granting its domestic validity.Keywords: domestic validity, Indonesian perspective, monism and dualism, status of treaties and treaty practices.AbstrakArtikel ini membahas mengenai pemberlakuan perjanjian internasional dalam sistem hukum Indonesia. Tujuan dari artikel ini adalah untuk mengkaji dan memberikan jawaban atas pertanyaan-pertanyaan berikut ini: (i) apakah hukum internasional dapat secara langsung dijadikan rujukan dan berlaku dalam sistem hukum domestik (ii) bagaimana dan sampai mana pengadilan Indonesia menggunakan hukum internasional khususnya perjanjian internasional. Dalam memberikan analisis terhadap pertanyaan-pertanyaan diatas, artikel ini membahas perihal pengadilan dengan kompetensi yudisialnya, dan perilaku yudisial terhadap perjanjian internasional. Artikel ini berkesimpulan bahwa pengadilan dapat menerapkan langsung perjanjian internasional terhadap perkara. Namun demikian praktik pengadilan dalam beberapa perkara yang terkait dengan perjanjian internasional belum memberikan indikasi yang jelas tentang kedudukan hukum perjanjian. Putusan Pengadilan oleh karena itu belum berkontribusi dalam upaya untuk mencari determinasi hukum terkait status domestik dari suatu perjanjian internasional dan cara pemberlakuan suatu perjanjian internasional dalam hukum domestik.Kata kunci: monisme dan dualisme, praktek perjanjian internasional, perspektif Indonesia, status perjanjian internasional, validitas domestik.

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

Navigating Diffuse Jurisdictions

2019 ◽  
pp. 98-120
Author(s):  
Helen Quane
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Customary Law ◽  
Specific Reference ◽  
State Law ◽  
System P ◽  
The Status ◽  
Over Time

This chapter studies the jurisdictional boundaries between state and non-state law with specific reference to religious, or customary, law. The determination of these regulatory forms as state law depends on the extent to which they perform prescriptive, adjudicative, or enforcement functions. Indeed, the boundaries between state and non-state law are not as stable as they may appear, as they are liable to shift according to circumstances and over time. The chapter then argues that the issue of classification acquires resonance in cases where legal pluralism occurs as the character and scope of a state’s exercise of jurisdiction becomes far more ambiguous in such situations. This can create uncertainty about the jurisdiction of the respective systems, the status of norms from one system that are given effect in another, and how these norms should be interpreted and applied given their concurrent existence within more than one legal system.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Realization of res judicata principle in civil proceedings: the experience of foreign countries

2020 ◽  
pp. 220-225
Author(s):  
Tetiana Tsuvina
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
Court Decision ◽  
Court Decisions ◽  
Legal Certainty ◽  
Res Judicata ◽  
Foreign Countries ◽  
Negative Effect ◽  
The Subject

  The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary.  The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata principle: positive and negative one. The negative effect of res judicata is aimed at preventing the re-consideration of identical disputes between the parties if the dispute has already been resolved by the court, in turn, the positive effect of res judicata allows the parties to refer to circumstances that have already been established by a court decision in the dispute between them, in new proceedings, where they are involved. It is concluded that there are significant differences in the understanding of this principle in common law and civil law legal systems. The common law countries have a broad understanding of the res judicata principle, which includes positive and negative effects, and is implemented through such institutions as the claim preclusion and the issue preclusion. Civil law countries follow a narrow approach to understanding of res judicata principle, which is limited only by the negative effect and is reflected in the claim preclusion, which blocks filing an identical claim if there is a final court decision on the dispute between the parties. In common law jurisdiction there is a wider conception of the “claim”, according to which it is understood in the context of entire dispute and comprise all claims based on the legal relationship between the parties, whether or not they were the subject of court proceedings. At the same time in civil law countries identity of the claims can be notified with the help of the triple identity test, which contains the identity of the subject of the claim, the identity of the cause of action and the identity of the parties of the claim.

scholarly journals Execution of Recognition of Grosse Documents Made Payable Notary

2018 ◽  
Vol 1 (3) ◽  
pp. 811
Author(s):  
Rekowarno Rekowarno
Keyword(s):  
Legal History ◽  
Comparative Law ◽  
Court Decision ◽  
Court Decisions ◽  
Formal Requirements ◽  
Legal Force

This study, entitled: Implementation of Execution of Deed of Acknowledgment of Debt Groose Created Notary, the problems of this study are 1) How is the execution of the Deed of Acknowledgment of Debt Groose made Notary? 2) What are the barriers and solutions in the execution of the Deed of Acknowledgment of Debt Groose made Notary? The method used in this research using normative juridical approach, which includes research principles of law, the legal systematics, synchronization of law, legal history and comparative law. The results using this method Sociological Juridical conclude that: 1) Execution of a debt recognition grosse deed as authentic deeds in the lending agreement, can only be carried out under the leadership of Chairman of the Court (court fiat) local. Not that grosse deed of acknowledgment of debt which includes the phrase, "As Justice Based on God" the legal force equivalent Court decision that has binding can be carried out executions without trial fiat (parate execution). Precisely because equated with court decisions that have permanent legal force, the implementation of the execution must be at the behest and under the leadership of Chairman of the Court, 2)Barriers execution grosse deed of acknowledgment of debt arose because of noncompliance with formal requirements, the form must be as specified by the Act and the terms of material, which is the amount of debt must be certain or uncertain, the deed must be an acknowledgment of debt unilaterally from the debtor, and not to be confounded with the grosse deed mortgages. These problems can result grosse deed recognition execution request Debt can not be accepted by the President of the Court State and cause grosse deed of recognition The debt does not have the power executorial,Keywords: Execution Groose, Deed of Acknowledgment of Debt, Notary.

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