POTENTIAL CONFLICT OF LAND DEED IN THE PERSPECTIVE OF  NOTARY POSITION

This study aims to find out the potential conflicts on Land Deeds made by Notaries and to find out Notary efforts in making Land Deeds to minimize potential land conflicts. The method used in this study is the normative legal research method. In addition, the statute approach, conceptual approach, and analytical approach are the approach used in this study. The results of this study showed that (1) potential conflicts on Land Deeds made by Notaries are due to Notaries in carrying out their positions tend to be in a dilemma which on the one hand must comply with legal provisions with a normative nature, and on the other hand, empirical facts are so complex and often cannot be handled and accommodated by regulations that tend to be rigid. This is because when carrying out its positions, the Notary must serve the client, while the client needs service without being too concerned with the regulations that bind the Notary. (2) Notary efforts in issuing Land Deeds to minimize the potential for Land Conflicts are required to examine the completeness of documents by applying the precautionary principle to protect the real owner and reduce conflicts in the land sector. The application of the precautionary principle of the Notary in producing the PPJB deed and the Lease Agreement deed to registered land rights to be registered at the Land Office must start from the stage before the deed, the stage at which the deed is made and the reading of the deed.

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“It's the Politics, Stupid.” Or is Reality more Complex?

European Journal of Risk Regulation ◽

10.1017/s1867299x00003494 ◽

2013 ◽

Vol 4 (2) ◽

pp. 297-306 ◽

Cited By ~ 2

Author(s):

Maria Weimer

Keyword(s):

United States ◽

Precautionary Principle ◽

Significant Contribution ◽

The United States ◽

The Other ◽

Ongoing Debate ◽

Risk Regulation ◽

The Precautionary Principle ◽

The One

Reality is complex, and often does not lend itself to generalization or simplifying explanations. Yet at the same time, explaining reality often requires the shaping of notions and concepts of it through generalization and the reduction of complexity. This tension between complexity and particularity on the one hand and generalization and the search for abstracting explanatory patterns on the other is beautifully illustrated by two recently released publications on precaution and risk regulation in the United States and Europe, namely “The Politics of Precaution” by David Vogel1 and “The Reality of Precaution” edited by Jonathan Wiener, Michael Rogers, James Hammitt, and Peter Sand.Both books together can be seen as the latest significant contribution to the ongoing debate on the role of the precautionary principle in risk regulation in a comparative EU-US perspective. Both contributions are significant in that they consolidate the trend towards an empirically informed analysis of the actual practice of the application of precaution in risk regulation.

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Cancellation of Deed of Sale and Purchase of Land Rights and Deed of Granting Mortgage Based on Court Decision

Social Science Studies ◽

10.47153/sss11.1972021 ◽

2021 ◽

Vol 1 (1) ◽

pp. 023-031

Author(s):

Devendra Dovianda Priyono

Keyword(s):

Data Analysis ◽

Qualitative Analysis ◽

Precautionary Principle ◽

Government Regulation ◽

Land Rights ◽

Court Decision ◽

Legal Research ◽

The Precautionary Principle ◽

Yogyakarta City

This study is entitled "Cancellation of Deed of Sale and Purchase of Land Rights and Mortgage Deed Based on Court Decision". The first of this research aims to find out how the precautionary principles applied by PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights and the second is to find out and analyze the basis of legal considerations used by judges in deciding cases of cancellation of PPAT Deeds. This type of research in legal research is empirical, using a case approach that is supported by interviewing informants. Data analysis in this legal research uses qualitative analysis. The resource persons in this legal research are PPAT in Yogyakarta City, Bantul Regency and Kulonprogo Regency. Based on the results of the first research, that PPAT in making the Deed of Sale and Purchase of Land Rights and the Mortgage deed Rights must apply the precautionary principle as regulated in Article 22 of Government Regulation Number 37 of 1998 that the PPAT Deed must be read / explained its contents to the parties by attended by at least 2 (two) witnesses before being signed immediately by the parties, witnesses and PPAT, PPAT is obliged to apply the prudential principle to avoid problems that arise and harm the parties and to prevent the PPAT Deed being canceled and becoming not legally enforceable. Second, the basis for legal considerations used by the judge to cancel the PPAT deed was because the buyer committed tort and abuse of circumstances against elderly sellers who were sick, lived alone and could not read and write and were lied to by the Buyer's words.

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Critical Approach of the Use of Economic Models in Precautionary Risk Management

European Journal of Risk Regulation ◽

10.1017/s1867299x00008059 ◽

2013 ◽

Vol 4 (3) ◽

pp. 335-345 ◽

Cited By ~ 1

Author(s):

Vasco Gonçalves

Keyword(s):

Decision Making ◽

Risk Management ◽

Precautionary Principle ◽

Economic Models ◽

The European Union ◽

Critical Approach ◽

The Precautionary Principle ◽

Economic Interpretation ◽

Management Procedures ◽

The One

In this article a synthesis of formal models for the economic interpretation of the precautionary principle is presented, with their virtualities, limitations and measures to overcome them.The concept of precaution has great relevance in environmental regulation in the European Union. On the one hand, and despite the somewhat vague nature of legislation, the interpretation of the precautionary principle has seen recent progress with the development of some economic models and their application. There is, however, a need for a regulatory framework for the implementation of this principle in environmental decision-making, i.e., to clarify concepts and management procedures that are appropriate to the nature of environmental risks.It is therefore important to know the most relevant economic approaches and models with the aim of identifying their contribution to the debate on precaution in the context of environmental risk management and discuss their practical relevance in public decision-making.

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Kepastian Hukum Kredit Online

Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan ◽

10.17977/um019v5i2p324-331 ◽

2020 ◽

Vol 5 (2) ◽

pp. 324

Author(s):

Devy Iziana Pradini ◽

Izzi Zya Hariyadi ◽

Shohibul Khoir

Keyword(s):

Precautionary Principle ◽

Legal Certainty ◽

Conceptual Approach ◽

Legal Requirements ◽

The Precautionary Principle ◽

The Law ◽

Debt Repayment ◽

Credit Contracts

This paper aims to discuss the validity of a contract in online credit and the provision of collateral for online credit as an embodiment of the 5C principle in banking. The method of study uses a normative juridical approach to the legislation and conceptual approach. Online credit contracts are legally valid because they meet the legal requirements of a contract, only the legal certainty is low because the parties do not know firsthand the good intentions of the parties. The provision of collateral in online credit is not against the law, it’s just that the precautionary principle that the bank should apply in providing credit is not fulfilled. The creditor does not have a guarantee for the debtor’s debt repayment if at any time the debtor is unable to repay the loan or break the promise.

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Penerapan Kebijakan Tentang Prinsip Kehati-Hatian Dalam Pemberian Kredit Perbankan

Widya Yuridika ◽

10.31328/wy.v3i2.1703 ◽

2020 ◽

Vol 3 (2) ◽

pp. 327

Author(s):

Nanang Tri Budiman ◽

Supianto Supianto

Keyword(s):

Information Systems ◽

Precautionary Principle ◽

Commercial Banks ◽

Research Method ◽

Bank Credit ◽

Conceptual Approach ◽

The Public ◽

The Precautionary Principle ◽

Asset Quality

A bank is an effort to collect funds from the public in the form of savings and distribute them back to the community in the form of credit or other forms in order to improve people's lives. In distributing credit to the public, each bank is required to implement the precautionary principle in channeling loans. This study aims to determine the application of the precautionary principle applied in the process of providing bank credit. This study uses a normative juridical research method with a statute approach and a conceptual approach. Based on the results of the study, it was found that the application of the precautionary principle was carried out in the form of obligation to formulate and implement bank credit policies for commercial banks, maximum credit limits, assessment of asset quality, debtor information systems, the principle of knowing customers and the existence of guarantees in providing credit.

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PELANGGARAN TERHADAP PRINSIP KEHATI-HATIAN KREDIT DALAM PERSPEKTIF HUKUM PIDANA

Badamai Law Journal ◽

10.32801/damai.v4i2.8286 ◽

2020 ◽

Vol 4 (2) ◽

pp. 201

Author(s):

Sofia Yunita ◽

Ifrani Ifrani

Keyword(s):

Precautionary Principle ◽

Research Problem ◽

Legal Research ◽

Conceptual Approach ◽

Analysis And Evaluation ◽

The Precautionary Principle ◽

Descriptive Research ◽

Library Research ◽

Bank Employees ◽

Research Type

This research was conducted using research methods, namely, the type of normative legal research, problem approach using the Statute Approach and Conceptual Approach, the nature of this research is analytical descriptive, descriptive research type with primary huum sources, secondary legal materials and tertiary legal materials obtained through library research. From the results of research and discussion of the issues raised at least some conclusions can be drawn. First, from the results of the elaboration of the, it can be seen that the actions of commissioners, directors and bank employees violate the precautionary principle (bank compliance) including Banking Crimes. Second, Credit Officers (Managers) are responsible for checking credit that has been decided in accordance with the principle of prudence, believe in the correctness of data and information in credit decisions, believe supporting documents for credit decisions are complete, valid, valid and legally binding, believing that analysis and evaluation credit has been done correctly. The Credit Administration is responsible for ensuring compliance with the Precautionary Principle by giving opinions.

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