scholarly journals Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles

Author(s):  
Pringgo Soebowo ◽  
Endang Prasetyawati ◽  
Moch. Isnaeni

The sale and purchase of land-based on customary law in daily practice is still practiced by some people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and terang" which means that the handover of rights by the seller is carried out simultaneously with payment by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach as a problem approach method. The results showed that the use of "tunai and terang" in the formation of sale and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as the basis for the National Land Law. The existence of cash and light principles is expected to provide legal protection for sellers and buyers.

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 514
Author(s):  
I Gusti Ngurah Bagus Pramana ◽  
Gde Made Swardhana

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.


Author(s):  
Dewa Putu Adnyana ◽  
I Ketut Sudantra

The regulation of legal protection for customers who have savings funds in village financial institutions (LPD) is unclear. This causes no legal certainty for customers if the LPD experiences financial problems. The existence of LPDs in Bali is regulated in two types of legal rules, namely state law and customary law (legal pluralism). Analyzing the legal certainty aspects of deposit guarantor in statutory regulations and customary law is the aim of this research. This study uses a normative legal research methodology. This study uses two types of approaches namely, the statute and the conceptual approaches. The legal materials chosen as the basic analysis are primary and secondary legal materials. The conclusion of this study shows that the role of state law is more dominant than customary law. The above conclusion is shown by the fact of the research that most of the matters related to the technical operations of the LPD are regulated by the state law, in this case, is regional regulation about LPD. Based on the results of the study on the norms of local regulations on LPD and the nine awig –awig as a form of customary law from representatives of the nine regencies and city in Bali, there is no regulation on deposit guarantor institutions for LPD customers in Bali to provide legal protection. So that, regulating LPDs in Bali with two legal systems, namely the state law and the customary law system, does not guarantee legal certainty for the safety of customer's deposits. Pengaturan perlindungan hukum bagi nasabah yang mempunyai dana simpanan  di Lembaga Perkreditan Desa (LPD) saat ini tidak jelas. Hal ini menyebabkan tidak ada kepastian hukum bagi nasabah apabila LPD mengalami masalah keuangan. Keberadaan LPD di Bali diatur dalam dua jenis aturan hukum yaitu hukum negara dan hukum adat  (pluralisme hukum). Mengkaji aspek kepastian hukum penjamin simpanan  dalam setiap norma dalam peraturan perundang-undangan serta dalam hukum adat merupakan tujuan penelitian ini. Penelitian ini menggunakan metode penelitian hukum doktrinal (normatif). Penelitian ini menggunakan dua jenis pendekatan yaitu pendekatan peraturan perundang-undangan (statute approach), dan pendekatan konsep (conceptual approach). Adapun bahan hukum yang dipilih sebagai dasar analisis adalah bahan hukum primer dan bahan hukum sekunder. Kemudian kesimpulan dari penelitian ini menyebutkan bahwa dua sistem hukum dalam pengaturan LPD di Bali menunjukkan peran hukum negara lebih dominan daripada hukum adat.  Kesimpulan ini ditunjukkan oleh fakta penelitian yang ditemukan bahwa sebagian besar hal yang berkaitan dengan teknis operasional LPD yang merupakan satu-satunya organisasi keuangan milik Desa Adat di Bali diatur oleh hukum negara dalam hal ini diatur dalam peraturan daerah tentang LPD. Kemudian, berdasarkan hasil kajian terhadap norma peraturan daerah tentang LPD dan terhadap sembilan awig–awig sebagai bentuk hukum adat dari perwakilan Kabupaten dan Kota di Bali, tidak ada ditemukan pengaturan tentang lembaga penjamin simpanan bagi nasabah LPD di Bali untuk memberikan perlindungan hukum. Dengan demikian pengaturan LPD di Bali dengan dua sistem hukum yaitu hukum negara dan sistem hukum adat ternyata tidak menjamin kepastian hukum bagi keamanan dana simpanan para nasabah. 


Author(s):  
Atmari Atmari ◽  
Budiarsih Budiarsih ◽  
Slamet Suhartono

Labor law in Indonesia has not comprehensively provided protection for the rights of resigning workers qualification. Since provisions of labor law does not mention the amount of separation pay for resigning workers. This research is conducted to analyze and find the ratio legis in providing separation pay for resigning workers in the Manpower Act and also the concept of giving separation pay to resigning workers in justice perspective. The research method used in this study is normative legal research by using several approach including philosophical approach, purposive approach, conceptual approach, case approach and historical approach. The result of the study shows that the regulation of separation pay in the Manpower Act is a form of reward for workers given by employers as a reward for devotion and loyalty of workers during a certain period of service. The Regulation of separation pay for resigning workers which reflecting justice is by formulating separation pay for resigning workers equal to the rights of terminated workers because of committing criminal act.


2019 ◽  
Vol 2 (1) ◽  
pp. 817
Author(s):  
Livia Cindy Ariella ◽  
Endang Pandamdari

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.


2020 ◽  
Vol 8 (11) ◽  
pp. 1751
Author(s):  
I Made Sudirga

Tujuan penelitian ini untuk menganalisis perlindungan hukum terhadap produk wine salak desa sibetan berdasarkan Peraturan Pemerintah No 51 tahun 2007 tentang Indikasi Geogerafis. Tulisan ini menggunakan metode penelitian hukum empiris. Pendekatan yang digunakan dalam penelitian ini yakni pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Hasil penelitian menunjukan bahwa perlindungan hukum terhadap wine salak produksi desa Sibetan, kecamatan Bebandem kabupaten karangasem ditinjau dari Peraturan Pemerintah Nomor 51 Tahun 2007 tentang Indikasi-Geografis belum mampu meningkatkan perekonomian masyarakat setempat terbukti belum terdaftarnya sebagai indikasi geografis dan hal ini berdampak pada nilai jual wine tersebut yang terbilang murah seukuran produksi wine serta pemasarannya belum luas hanya sebatas wisatawan yang berkunjung saja. The purpose of this study was to analyze the legal protection of salak wine products in the Sibetan village based on Government Regulation No. 51 of 2007 concerning Geographical Indications. This paper uses an empirical legal research method. The approach used in this research is the statute approach and the conceptual approach. The results showed that the legal protection of salak wine produced in Sibetan village, Bebandem sub-district, Karangasem district in terms of Government Regulation Number 51 of 2007 concerning Geographical Indications has not been able to improve the local economy, it is proven that it has not been registered as a geographical indication and this has an impact on the selling value of the wine. which is relatively inexpensive about the size of wine production and its marketing is not extensive, only limited to visiting tourists.


JURTAMA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 25-36
Author(s):  
Agus Wiyono

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation


2020 ◽  
Vol 1 (2) ◽  
pp. 213-217
Author(s):  
I Made Krishna Dharma Kusuma ◽  
Putu Gede Seputra ◽  
Luh Putu Suryani

Humans cannot be separated from the name of land, because land is the one who revives humans and living creatures around it in the progress of the current era of land has Economic Value. Land is the main and largest capital of Indonesia, land is the only capital. The problems of this study are 1) what are the procedures for the transfer of Land Rights according to Customary Law? 2) How is the power of the Law of Sale and Purchase of Property Rights on Land according to Customary Law? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) the transfer of rights to land according to customary law is valid if the act of light and cash is carried out. The purpose of the sale and purchase agreement is in the presence of PPAT (Land Deed Official) and Witnesses in the transfer of rights to the land and the witness is the head of the village and the local community, which in cash means that there are two actions which are carried out simultaneously, namely the transfer of rights from the seller to the buyer and payment of prices in part or in full from the buyer to the seller. 2). The act of buying and selling that has a good intention is seen when the parties that make a sale and purchase of land rights ask to be done before the Customary Chief / local Village Chief. In the Civil Code the legal protection of buyers with good intentions, if the sale and purchase agreement is carried out based on Customary Law has been protected by the provisions of article 1338 paragraph (3) of the Civil Code.  


2021 ◽  
Vol 8 (2) ◽  
pp. 70-77
Author(s):  
Desak Nyoman Oxsi Selina ◽  
I Made Wirya Darma

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.


2021 ◽  
Vol 2 (2) ◽  
pp. 332-336
Author(s):  
Gusti Nyoman Adung Setiawan ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara

A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.


2021 ◽  
Vol 2 (2) ◽  
pp. 288-293
Author(s):  
Lsye Aprilia ◽  
Ni Luh Made Mahendrawati ◽  
Ni Made Jaya Senastri

Medicines must have halal certification to ensure the halalness of the product. Article 4 of the Law on Halal Product Guarantee, stipulates that all products circulating in Indonesia must be certified halal. In fact, many medicinal products are already circulating in the community but do not yet have a halal certificate. So this raises legal problems related to consumer protection. The purpose of this research is to reveal the authority of related institutions in halal certification of medicinal products circulating in Indonesia as well as legal protection for consumers if a medicinal product that has been disseminated has a halal label even though it does not have a halal label. This study uses a normative legal research method with a conceptual approach and legislation. The source of legal material in this study is the primary and secondary legal materials. The technique of collecting legal materials by analyzing and quoting applicable laws from books, literature, and other sources. The results showed that with the establishment of the Halal Product Guarantee Organizer, the halal regulation of drugs circulating in Indonesia is subject to the Halal Product Guarantee Law No. 33 of 2014 which regulates that certification and labeling of halal products is mandatory. If business actors violate their obligations under these regulations, they will be subject to administrative sanctions in the form of written warnings, administrative fines, and suspension of halal certification.


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