Certificates of Ownership without Warkah in Indonesia

2019 ◽  
Vol 2 (3) ◽  
Author(s):  
Bayu Prasetyo ◽  
Ikhwanul Muslim ◽  
Rio Arif Pratama
Keyword(s):  
Land Rights ◽  
Court Decision ◽  
Court Ruling ◽  
Ownership Rights ◽  
Legal Force

From the results of the study it can be seen that the issuance of certificate of ownership rights No. 317, 318, 320, 321, 322, 339, 340, 341 in Balikpapan City, eight of which certificates have no heritage and do not have strong legal force to the owners. Indonesia adheres to a negative publication system, but there is still an opportunity to file a lawasuit to the Court, meaning that the certificate of land rights is the strongest but not absolute. Then a certificate without a license does not have strong legal force if a claim is filed to the Court, while the efforts to submit a request for cancellation of the no-rights ownership certificate is by submitting a written request to the Balikpapan City Land Office and attaching copy of identity photocopy of certificate, photocopy of court decision, execution report and other documents related to cancellation. The court ruling was based on the Balikpapan City Land Office to issue a decision to cancel the certificate, in accordance with the ruling which had obtained permanent legal force.

Certificates of Ownership without Warkah in Indonesia

2019 ◽  
Vol 3 ◽  
Author(s):  
Bayu Prasetyo ◽  
Ikhwanul Muslim ◽  
Rio Arif Pratama
Keyword(s):  
Land Rights ◽  
Court Decision ◽  
Court Ruling ◽  
Ownership Rights ◽  
Legal Force

From the results of the study it can be seen that the issuance of certificate of ownership rights No. 317, 318, 320, 321, 322, 339, 340, 341 in Balikpapan City, eight of which certificates have no heritage and do not have strong legal force to the owners. Indonesia adheres to a negative publication system, but there is still an opportunity to file a lawasuit to the Court, meaning that the certificate of land rights is the strongest but not absolute. Then a certificate without a license does not have strong legal force if a claim is filed to the Court, while the efforts to submit a request for cancellation of the no-rights ownership certificate is by submitting a written request to the Balikpapan City Land Office and attaching copy of identity photocopy of certificate, photocopy of court decision, execution report and other documents related to cancellation. The court ruling was based on the Balikpapan City Land Office to issue a decision to cancel the certificate, in accordance with the ruling which had obtained permanent legal force.

scholarly journals Implementation Agreement By Mixed Marriage Based On Act No. 1 of 1974 Concerning Marriage After Constitutional Court Ruling No. 69 / PUU-XIII / 2015 (Study of Notary Role)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 829
Author(s):  
Riyanto Riyanto ◽  
Arief Cholil
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Constitutional Court ◽  
Mixed Marriage ◽  
Court Ruling ◽  
Legal Certainty ◽  
Mixed Marriages ◽  
Legal Implications ◽  
Ownership Rights

Abstract. The bride and groom's candidate before the marriage takes place, can make a "Marriage Agreement" to provide legal certainty related to property and for legal protection against third parties. Primarily for mixed marriages, the bride and groom are subject to two different legal systems according to their nationality. , the agreement made by the Marriage Agreement has been amended by the Decision of the Constitutional Court Number: 69 / PUU-XIII / 2015 dated October 27, 2016. The positive implication for the intermarriage is that it can have land rights in the form of Ownership Rights (HM) and Right to Build (HGB) without having to divorce first. Then, this research intends to discuss the practice of the Implementation of Mixed Marriage Agreements based on Act No. 1 of 1974 concerning Marriage after the decision of the Constitutional Court Number: 69 / PUU-XIII / 2015. The purpose of this study was to describe the role of the notary in the deed Mating Agreement and its implementation after the decision of the Court in question, and to know the legal implications of the couples in mixed marriages. The method in this research is juridical empirical research methods.Keywords: Mating Agreement; Marriage Commingling; Deed; Decision of the Constitutional Court; Marriage Act.

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.

BENCHMARK FOR DETERMINATION OF FORCED MONEY IN EXECUTION OF STATE ADMINISTRATIVE COURT JUDGMENT

2020 ◽  
Vol 10 (1) ◽  
pp. 40-53
Author(s):  
Muhammad Ali ◽  
Ardilafiza Ardilafiza ◽  
Jonny Simamora
Keyword(s):  
Research Methods ◽  
The State ◽  
Court Decision ◽  
Court Ruling ◽  
Government Administration ◽  
Analytical Research ◽  
Money Order ◽  
Research Type ◽  
Legal Force

The purpose of this research is to study about Benchmark Determination of the Administrative Court Decision Execution Forced In. Research methods used in this thesis is a research type normative and descriptive analytical research specifications, and approaches used, namely, the approach Law and approach cases. From the research we concluded that since when the claimant may apply for money of enforced at the time of the initial filing a lawsuit to the Administrative Court, for their money forced / Dwangsom in a decision of the State Administrative Court, it is motivated by a petition of Plaintiff in the lawsuit to beg loading money forced / Dwangsom Defendant if lost and wayward implement administrative court ruling, benchmark application is the amount of money forced the ruling stating Plaintiff granted, judgment and decision condemnatoir who has obtained permanent legal force. Because implementing administrative court ruling is always Agency / Administrative Officers are still active, more effective and efficient if the imposition of forced currency / dwangsom taken / deducted from salaries / allowances officials concerned each month. So it is not charged to the State finances forced money order imposing sanctions / dwangsom and administratively feasible, must be followed by concrete implementing regulations relating to money forced / dwangsom to sync with the Administrative Court Act and the Law on Government Administration.

scholarly journals Land Rights Execution as a Pledge Object Based on MoU with PT. Pegadaian at the Office of Agrarian Affairs Ministry and National Land Agency

2020 ◽  
Vol 1 (6) ◽  
pp. 8-16
Author(s):  
R Slamet Soeprijadi
Keyword(s):  
Spatial Planning ◽  
Land Rights ◽  
Secretary General ◽  
Court Decision ◽  
Cooperation Agreement ◽  
Object Based ◽  
Movable Object ◽  
Productive Land ◽  
Legal Force

Cooperation Agreement between the Production Director of PT Pegadaian (Persero) and the Secretary General of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Number 352/S-00015.02/2018, Number 31/SKB-100/IV/2018. The content of the agreement is that the land certificate, especially productive land belonging to agriculture, can be used as collateral for which a mortgage is imposed in PT Pegadaian (Persero). The imposition of a certificate of land rights as collateral for a mortgage is interesting to discuss by discussing the problem of objects as collateral and the imposition and execution of collateral object rights when the debtor defaults, a conclusion is obtained as follows: Objects as collateral and the imposition, that the types of objects are distinguished between movable objects and non-movable objects. If the differentiation of objects is used as collateral, there is also a distinction. A movable object which is charged with a pledge, is required to transfer of ownership right from the giver to the recipient with the threat of cancellation if the delivery is not made. Non-movable objects are burdened with mandatory register of mortgage rights at the Land Office, the Land Office will issue a certificate of mortgage right which has the power of evidence as a court decision which has permanent legal force. Execution of the collateral object rights when the debtor defaults, if the debtor defaults does not carry out his/her obligation to pay off the debt, then at the pledge, the creditor can execute based on the provisions of Article 1150 B.W., while in the mortgage right if the debtor defaults and does not fulfill obligations voluntarily can execute according to the provisions of Article 14 UUHT (Mortgage Rights to Land and Land-Related Objects).

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 LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE)

2021 ◽  
Vol 6 (1) ◽  
pp. 9-15
Author(s):  
Ni Putu Theresa Putri Nusantara ◽  
I Made Suwitra ◽  
I Nyoman Sujana
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Customary Law ◽  
Legal Research ◽  
Inheritance Law ◽  
Village Community ◽  
Religious Law ◽  
Ownership Rights ◽  
The Village ◽  
Legal Force

This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.  

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 Penggusuran Pedagang Kaki Lima Sebagai Perbuatan Melanggar Hukum

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Akmal Adicahya
Keyword(s):  
Land Rights ◽  
Collateralized Debt Obligations ◽  
Power Of Attorney ◽  
Charging Time ◽  
Promise Land ◽  
Collateralized Debt ◽  
Credit Agreement ◽  
The Right ◽  
Ownership Rights

Mortgage abolishment because the expiration of the Right of Exploitation (HGU) , Right of Building (HGB), and Right of Use burdened not cause the abolishment of collateralized debt obligations. Duration HGU, HGB and wear rights expire, then the mortgage that is charged against the land becomes clear. This additional agreement means clear. Instead principal agreement (credit agreement) is not necessarily to be clear, and move on. In this case resulted in the creditors are in a weak position because of unpaid debts, Mortgage over land as collateral to remove. This study discusses the normative legal efforts to do the lender to avoid the possible risk of the abolishment of land rights based on Law Number 42 Year 1996, which includes the manufacture of promise land extend rights in the imposition of mortgage deed, power of attorney making mortgage charging time HGB changes become ownership rights residential, Object insurance burden for advantage mortgage holder mortgage, debitor to request additional collateral

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

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