scholarly journals Legal Protection For Buyers in Selling and Buying of Land Rights (Case Study of Selong State Court Number 55 / Pdt.G / 2018 / PN.Sel Concerning Unlawful Activities)

2021 ◽  
Vol 8 (1) ◽  
pp. 447
Author(s):  
Zaenathul Mardiani ◽  
Djumardin Djumardin ◽  
Any Suryani Hamzah
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
State Court ◽  
Sociology Of Law ◽  
Court Decisions ◽  
Legal Research ◽  
Conceptual Approach ◽  
Illegal Acts ◽  
The Village

This study aims to analyze the basis for judges considerations in adjudicating and deciding cases Number 55 / Pdt.G / 2018 / PN.Sel, analyzing legal protection for buyers in buying and selling land rights. The method used is the empirical normative legal research method, using a conceptual approach, statutory approach, and sociology of law approach. The results of this study, first, show the judge's consideration of illegal acts in cases of court decisions based on Article 1365 of the Civil Code. Based on these considerations, the Panel concluded that the documents of evidence submitted by Defendants I and II were not supported by the statements of witnesses, so that Defendants I and II were unable to prove their arguments. as well as the disputed land controlled by Defendant II is an Unlawful Act, however, on the other hand, the plaintiff is able to prove the arguments of the lawsuit through evidence supported by testimony of witnesses, then the plaintiff's claim is declared granted. Second, The form of legal protection that can be provided to buyers is repressive legal protection, this is needed to provide solutions and certainty as well as clarity on the settlement of existing disputes because basically the law protects the buyer because even though it is only made with a receipt and signed by the Village Head then the agreement has met the requirements stipulated in civil law so that the receipt can become a means of evidence, even though it has the power of proof to the extent that it is not yet perfect.

scholarly journals Konflik Antar Negara Berdasarkan Hukum Internasional

2019 ◽  
Vol 21 (1) ◽  
pp. 159-172
Author(s):  
Vera Yanti Artega ◽  
Adwani Adwani ◽  
Sanusi Bintang
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Code Of Conduct ◽  
Legal Protection ◽  
Legal Research ◽  
Conceptual Approach ◽  
Peaceful Settlement ◽  
Cross Country ◽  
Inter State

Penelitian ini bertujuan untuk menjelaskan perlindungan hukum internasional terhadap negara yang disadap secara melawan hukum oleh negara lain dan menjelaskan metode penyelesaian sengketa yang dilakukan Indonesia dalam  menyelesaikan konflik antar negara akibat penyadapan yang dilakukan Australia terhadap Indonesia Tahun 2013. Penelitian ini menggunakan jenis metode penelitian hukum yuridis normatif. Hasil penelitian menunjukkan bahwa hukum internasional belum memberikan perlindungan yang cukup kepada negara yang disadap oleh negara lain. Adapun metode penyelesaian sengketa yang digunakan Indonesia dalam menyelesaikan kasus penyadapan dengan Australia adalah penyelesaian sengketa internasional secara damai melalui cara negosiasi. Oleh karena itu, peraturan mengenai penyadapan lintas negara harus segera dibentuk, sehingga perlindungan hukum terhadap negara yang disadap bisa dilakukan. Serta kedua negara harus membentuk code of conduct. Inter-State Conflict Under International Law International relation between two countries at some time could evoke problems which are caused by the cheating action of one party, such as interception resulting in conflict between them. This study aims to explain the protection of international law against countries that are illegally intercepted by other countries and explain the method of dispute settlement conducted by Indonesia in resolving inter-state conflicts resulting from Australian interception to Indonesia in 2013. This study uses a normative-juridical legal research method, by using legislation, case study , and conceptual approach with library data sources. The result shows that international law has not provided sufficient protection to countries intercepted or tapped by other countries. The method of dispute resolution used by Indonesia in solving wiretapping case with Australia is the peaceful settlement of international disputes through negotiation. Therefore, regulations concerning cross-country intercepting must be established immediately, thus legal protection of the tapped countries could be proceeded, and the two countries must establish a code of conduct.

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 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

2020 ◽  
Vol 7 (8) ◽  
pp. 706
Author(s):  
Pringgo Soebowo ◽  
Endang Prasetyawati ◽  
Moch. Isnaeni
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Daily Practice ◽  
Customary Law ◽  
Land Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Approach Method ◽  
Legal Construction

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.

scholarly journals Perlindungan Hukum Atas Perbedaan Luas Faktual Dengan Surat Ukur Pada Sertifikat Hak Atas Tanah

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Atindriya Hastungkara
Keyword(s):  
Rule Of Law ◽  
Scientific Research ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Issues ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Logic Of Science

This journal is entitled Legal Protection of Actual Land Differences With Land Rights Certificate. This journal examines the function of the letters in the registration of land rights and how the legal safeguards for the holders of land rights in terms of factual land differences with the letters on the land certificate. The type of research used is normative legal research, which is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced in accordance with the characteristics of prescriptions of jurisprudence. This normative legal research is a procedure and way of scientific research to find the truth based on the logic of science in terms of normatifnya. So that it can answer the legal issues posed. Further said in doing research law. Approach to the problem of statutory approach (Statute Approach) based on the Act, conceptual approach (Conceptual Approach) based on theories and concepts, and the case approach (Case approach).Keywords: Legal Protection of Land Rights Holder, Land Certificate, Land Factual Difference With Measure Letters.

PENYELESAIAN GANTI RUGI AKIBAT SENGKETA PENGUASAAN HAK ATAS TANAH SECARA MELAWAN HUKUM (Tinjauan Beberapa Kasus di Pengadilan Negeri Surakarta)

2019 ◽  
Vol 7 (1) ◽  
pp. 68
Author(s):  
Ananda Dwinanti Kinasih , ◽  
M. Hudi Asrori S ,
Keyword(s):  
Data Collection ◽  
Civil Law ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Legal Research ◽  
Analytical Technique ◽  
Legal Force

<p>Abstract<br />This article aims for reviewing how the settlement of compensation as the consequences of the tenure <br />of land rights unlawfully in civil law Surakarta state court verdict number 106/pdt.g/2017/PN.SKT and <br />number 103/pdt.G/2006/PN.SKT where the court’s decision has a permanent legal force. This research is <br />a juridical normative legal research. The location of this research at Notary Office and PPAT Adib Sujarwadi <br />and the State Court Surakarta Class 1A Specific. Kinds and the sources of data in this research are <br />consist of primary data and secondary data. The technique of data collection through interview and library <br />study. The analytical technique used by the author is by the method of syllogism that uses the deduction <br />mindset. Regarding the settlement of compensation due to unlawful tenure of land rights is a compensatory <br />damages, in the form of payment to the victim amounting to a loss that is actually experienced. Based on <br />the decision of the Panel of Judges. Regarding the non-granting of immaterial compensation because <br />the Plaintiff does not attach the appropriate evidence. After the verdict is declared incracht, outside the <br />court, the Defendant and the Plaintiff may hold deliberations to determine the amount of the indemnity or <br />the Plaintiff waived the indemnity obligation, but the Defendant must leave the land of the object of the <br />dispute voluntarily. In the case of still occupy it will be executed by the bailiff from the Court.<br />Keywords: Compensation; Tort; Tenure Of Land Rights.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji bagaimana penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum pada perkara perdata Putusan Pengadilan Negeri Surakarta Nomor 106/<br />Pdt.G/2017/PN SKT dan Nomor 103/Pdt.G/2006/PN SKT, dimana putusan pengadilan tersebut telah <br />berkekuatan hukum tetap. Penelitian ini merupakan penelitian hukum normatif yuridis. Lokasi penelitian <br />yaitu di Kantor Notaris dan PPAT Adib Sujarwadi dan Pengadilan Negeri Surakarta Kelas IA Khusus. Jenis <br />dan sumber data penelitian ini meliputi data primer dan data sekunder. Teknik pengumpulan data melalui <br />wawancara dan studi kepustakaan. Teknik analisis yang digunakan oleh penulis adalah dengan metode <br />silogisme yang menggunakan pola pikir deduksi. Penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum yaitu dengan ganti rugi kompensasi, berupa pembayaran kepada korban <br />sebesar kerugian yang benar-benar dialami. Berdasarkan keputusan Majelis Hakim. Mengenai tidak <br />dikabulkannya ganti rugi immateriil dikarenakan Penggugat tidak melampirkan bukti-bukti yang sesuai. <br />Setelah putusan dinyatakan incraht, di luar pengadilan, Tergugat dan Penggugat dapat mengadakan <br />musyawarah untuk menentukan jumlah ganti rugi atau Penggugat membebaskan kewajiban pembayaran <br />ganti rugi, namun Tergugat harus meninggalkan tanah obyek sengketa secara sukarela. Dalam hal masih <br />tetap menempati maka akan dilakukan eksekusi oleh juru sita dari Pengadilan.<br />Kata Kunci : Ganti Kerugian; Perbuatan Melawan Hukum; Penguasaan Hak Atas Tanah.</p>

scholarly journals The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 177
Author(s):  
Ria Setyawati ◽  
Mas Rahmah ◽  
Rahmi Jened ◽  
Nurul Barizah ◽  
Agung Sujatmiko
Keyword(s):  
Legal Protection ◽  
Problem Formulation ◽  
International Level ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Problems ◽  
The Times ◽  
Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

scholarly journals Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem

2021 ◽  
Vol 2 (1) ◽  
pp. 121-125
Author(s):  
Putu Aditya Palguna Yoga ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Conceptual Approach ◽  
Mutual Cooperation ◽  
Interview Techniques ◽  
The Right ◽  
The Village ◽  
The Relationship ◽  
Legal Consequences

The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.

scholarly journals Pengaturan Keselamatan dan Keamanan Pelayaran di Perairan Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 382-387
Author(s):  
A. A. ayu Diah Uthari Pramesti ◽  
I Ketut Kasta Arya Wijaya ◽  
Desak Gde Arini
Keyword(s):  
Community Service ◽  
Natural Resource Management ◽  
Legal Protection ◽  
Security Requirements ◽  
Water Safety ◽  
Legal Research ◽  
Conceptual Approach ◽  
Regional Autonomy ◽  
The Government ◽  
Maritime Territory

Indonesia is a maritime country surrounded by a sea that is rich in natural resources, therefore a unified system is needed to maintain security and also to allocate all energy sources offered by the sea so that it can be managed appropriately. The management of water safety and security in Indonesia is regulated in Law Number 17 of 2008 concerning Shipping. In this research, there are two main problems that will be examined, namely first about the management arrangements for safety and security requirements in Indonesian maritime territory and second What is the authority of the local government in developing the safety and security requirements of shipping in Indonesian maritime territory. This research is a normative legal research, using a statutory approach and a conceptual approach. The result of this research is the management of shipping coaching is carried out by the government. The form of guidance carried out by the government is in the form of supervision, control and regulation. Legal protection for the administration of regional autonomy is in line with the provisions of Law Number 23 o/2014 which involves regional governments and carries out legal protection for various government affairs in the context of community service and natural resource management.

scholarly journals THE SOCIOLOGY OF LAW PERSPECTIVE ON CHILD PROTECTION AT THE SYAR’IYAH COURT IN ACEH

2021 ◽  
Vol 7 (1) ◽  
pp. 70
Author(s):  
Fajri M Kasim ◽  
Abidin Nurdin ◽  
Ridhwan Ridhwan
Keyword(s):  
Child Protection ◽  
Sociology Of Law ◽  
Court Decisions ◽  
Social Actors ◽  
Left Behind ◽  
Education And Health ◽  
The Social ◽  
Legal Sociology ◽  
Banda Aceh

This study aims to examine child protection at the Syar'iyah Court in Aceh from the perspective of the sociology of law. This research uses the study of legal sociology, which is an approach that views law as a tool to create order and order in society. The approach used is a case study of child protection in court decisions in Banda Aceh, Bireuen, and Lhokseumawe regarding child guardianship. Meanwhile, data collection techniques are literature studies and court decisions. This study concluded that the Syar'iyah Court in Banda Aceh granted guardianship rights to adult male siblings and to become guardians and take care of parental inheritance. In Bireuen, guardianship rights are given to the mother for a child because her father who has a pension salary is left behind. Whereas in Lhokseumawe, guardianship rights are also given to the mother while the living father is obliged to give one million per month and education and health costs. In addition, judges also become al-Qur’an, Hadith, and the opinions of the ulama as arguments in their decisions that are in accordance with the sociological characteristics of religion in Aceh. This shows that the Syar'iyah Court as part of the social system and judges as social actors have functioned to provide child protection so as to create order and order in society.

Legal Protection For Buyers In Trading Land Rights Exercised In Front of The Village Head (The Practice oof Buying and Selling Land Rights Is Not Done Before PPAT In Plana Village Somagede District Banyumas Regency).

Authentica ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 54-74
Author(s):  
Yulia Yulia Widiastuti
Keyword(s):  
Government Policy ◽  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Legal Norms ◽  
The People ◽  
The Village ◽  
Local Government Policy

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT

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