Akibat Hukum Perjanjian Jual Beli Hak Atas Tanah

Sale and purchase is usually done by an agreement or what is known as a sale and purchase agreement, based on customary law a sale and purchase agreement is a real agreement, meaning that the delivery of the goods agreed upon is an absolute requirement fulfilled for the existence of an agreement. This research aims to find out about the arrangement of the land purchase agreement and find out the legal consequences of the land purchase agreement if there is a default. The method used in this research is the normative legal method with the statutory approach (satute aproach) and the conceptual approach. There are two types of data used, namely Primary (Laws and Regulations) as primary data and secondary data (sources of literature, books and research journals). Data analyzed are presented in the form of descriptions. Research results show that the sale and purchase rights of land rights are regulated in article 1457. The Civil Code which determines that buying and selling is an agreement between the buyer and the seller in an agreement where the legal terms of the agreement must meet subjective and objective conditions, with the consequence that the agreement is not can be canceled unilaterally because it must be implemented in good faith. Then, due to the Default Law for the Parties In Canceling the Deed of Agreement on the Sale and Purchase of Land Rights, it is regulated in Article 1366 of the Civil Code which stipulates that everyone is responsible not only for losses caused by his actions, but also for losses caused by negligence or indifference careful. Article 1366 of the Civil Code explains the responsibility of someone who has done harm to another person / other party, either because of his own actions or due to negligence and carelessness that causes other parties to suffer losses from him.

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Affidavit Sebagai Alat Bukti Terhadap Perjanjian Jual-Beli Dibawah Tangan Apabila Salah Satu Pihaknya Meninggal Dunia

Acta Comitas ◽

10.24843/ac.2020.v05.i03.p10 ◽

2020 ◽

Vol 5 (3) ◽

pp. 547

Author(s):

Ni Kadek Ditha Angreni ◽

I Nyoman Bagiastra

Keyword(s):

Land Rights ◽

Civil Code ◽

The Other ◽

Customary Law ◽

Conceptual Approach ◽

Legal Study

Proof of the sale and purchase of land rights without being accompanied by the deed of the Land Deed Author of which one of the parties dies, then in this condition the heir does not recognize the underhand agreement or because he knows that one of the parties who binds himself has died, then the other does not fulfilling his achievements. This research will try to examine issues regarding the proof of sale and purchase of land rights that are not proven by the Official Certifier Of Title Deeds if one party dies This research was carried out through a normative legal study method with using statute approach and conceptual approach. After going through discussion and analysis, finally, it can be concluded that Land purchase agreements made under legal hands under Article 1320 Indonesian Civil Code and fulfill the conditions of the sale and purchase agreements under customary law, but do not necessarily transfer the rights to their land. Proof of agreement on the sale and purchase of land rights made under the hand if one of his parties dies can be done with affidavit.

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Juridical Deed Review Of The Cooperation Agreement To Build Handover (Build Operate And Transfer) Bot Between Government And Private Sector

Jurnal Akta ◽

10.30659/akta.v6i3.5106 ◽

2019 ◽

Vol 6 (3) ◽

pp. 469

Author(s):

Desi Wulan Anggraini ◽

Anis Mashdurohatun

Keyword(s):

Private Sector ◽

Judicial Review ◽

Secondary Data ◽

Civil Code ◽

Primary Data ◽

Legal Regulations ◽

Cooperation Agreement ◽

Legal Consequences ◽

Tertiary Study ◽

Made In

The purpose of this study was to: 1) To determine and analyze the Agreement in order to handover a build (Build Operate And Transfer) BOT between government with Private Sector. 2) To determine and analyze the Regulation No. 19 of 2016 there are no relevant provisions of the cooperation agreement made in the form of a notarial deed but in implementing cooperation agreements and there are other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) Deed in the agreement to transfer (Build Operate And Transfer / BOT) before the formation of Regulation No. 19 of 2016, has complied with the requirements valid agreement of Article 1320 of the Civil Code sehigga positions of the legislation. Notary deed in agreement wake up in order to transfer (Build Operate and Transfer) BOT after the entry into force of Regulation No. 19, 2016 a requirement valid agreement beyond the provisions of the Civil Code, and if it is not done then there will never been considered although qualify valid agreement of Article 1320 of the Civil Code. The legal consequences deed of cancellation of the parties shall make a certificate into a build to transfer (Build Operate Transfer / BOT) lose their authenticity, the cancellation of the agreement unilaterally because defaults are not eligible void Article 1266 of the Civil Code, can be regarded as an act against the law because it is not based on good faith and such cancellation shall be requested to the trial judge.Keywords: Judicial Review; Government Cooperation Agreement; Build Operate and Transfer And Deed.

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PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg)

Jurnal Akta ◽

10.30659/akta.v4i2.1795 ◽

2017 ◽

Vol 4 (2) ◽

pp. 259

Author(s):

Faizal Indra Nor Cahyo ◽

Gunarto Gunarto

Keyword(s):

Secondary Data ◽

Land Rights ◽

Primary Data ◽

Public Official ◽

Purchase Price ◽

Prospective Buyer ◽

Approach Method ◽

Notary Public ◽

Legal Consequences ◽

Binding Agreement

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.

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Tort Bonding Sale Agreement (SPA) Made by Notary (Study Decision Number: 17 / Pdt.G / 2011 / PN.Smg)

Jurnal Akta ◽

10.30659/akta.v5i3.3248 ◽

2018 ◽

Vol 5 (3) ◽

pp. 717

Author(s):

Fertin Fertin ◽

Lathifah Hanim

Keyword(s):

Qualitative Analysis ◽

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Scientific Writing ◽

Primary Data ◽

Analysis Method ◽

Notary Public ◽

Legal Consequences ◽

Legal Force

SPA is a preliminary agreement on the purchase agreement of land rights which the agreement will be drawn up and signed in the presence of PPAT, a description of relevant scientific writing case of default in Decision 17 / Pdt.G / 2011 / PN.Smg. Issues examined in this study is enforceable agreement of sale and purchase agreement (SPA) Notary as evidence of authentic, legal consequences if one of the parties in the agreement binding sale and purchase (SPA) has been in default as well as legal protection of the fulfillment of the rights of parties where one party is in default in a binding sale and purchase agreement. The method used in this research is the socio-legal approach that comes from the collection of the data obtained from the primary data and secondary data, and then analyzed by qualitative analysis method. The study provides an answer that the legal force PPJB made before a notary public as authentic evidence in the transfer of rights agreement is very strong. Regarding the legal consequences if one party has been in default then the agreement was null and void, in addition to the legal protection of the fulfillment of the rights of the parties where one party is in default is a return to power of the SPA were made, namely if made before a Notary Public, perlindunganya force in accordance with the protection of an authentic agreement.Keyword: Bonding Sale Agreement (SPA); Notary; Legal Consequences.

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Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang

Jurnal Ilmiah Raad Kertha ◽

10.47532/jirk.v3i1.168 ◽

2020 ◽

Vol 3 (1) ◽

pp. 48-68

Author(s):

I Wayan Bandem ◽

Wayan Wisadnya ◽

Timoteus Mordan

Keyword(s):

Secondary Data ◽

Field Studies ◽

Civil Code ◽

Primary Data ◽

Civil Case ◽

Legal Relationship ◽

Accounts Payable ◽

Study Case ◽

Legal Consequences

Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.

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Legal Political Study on Translation of Human Rights in the Indigenous Peoples in Dharmasraya West Sumatera District

Walisongo Law Review (Walrev) ◽

10.21580/walrev.2020.2.1.5290 ◽

2020 ◽

Vol 2 (1) ◽

pp. 85

Author(s):

Febri Andiki ◽

Lita Tyesta ALW

Keyword(s):

Secondary Data ◽

Land Rights ◽

Customary Law ◽

Primary Data ◽

Land Law ◽

Age Related ◽

West Sumatra ◽

The Government ◽

To Come ◽

Customary Land

The national land law structure in force in Indonesia does not mention and does not prohibit the sale and purchase of customary land rights. The fact in customary law has conditions that must be met regarding the transfer of the sale of customary land rights. If it does not meet the requirements, then buying and selling rights to customary land is said to be a deviation regarding the objectives contained in the customary order. Formulation of the first problem, why the legality of buying and selling rights over customary land of the Malay tribe in Dharmasraya Regency, West Sumatra Province. Second, what is the form of transfer of customary land rights according to customary law and national land law in Dharmasraya Regency and what kind of government legal policy is capable of providing protection to customary community rights relating to customary land rights? This paper is the result of research using the Socio Legal Research method that uses primary data and secondary data is a source of questions with the collection techniques carried out by observation and interviews equipped with literature studies and analyzed descriptively prescriptive. The results of the study found a deviation regarding the substance of the transfer of title to the Malay customary land. One of the factors is the undeniable development of the age related to economic survival without thinking about the common rights inherent in customary land. The conclusion is that the customary land is a common right of the customary law community. The meaning of collective rights here is not owned by individuals, ‘ninik mamak’ or customary leaders only. Therefore, the sale and purchase of customary land rights must be returned in accordance with customary law norms attached to the customary law community itself. So that the existence of customary land is maintained in the days to come and is not eroded by time. The future legal politics of the government pays attention to the existence of customary land and recognizes the customary community's customary land to be poured in the form of an authentic deed and poured in the form of a Regency / City Regional Regulation in terms of the transfer of customary rights to other parties, especially investors.

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Kepemimpinan Demokratis Kepala Sekolah dalam Meningkatkan Prestasi di Madrasah Aliyah Negeri Model Palangka Raya

Restorica Jurnal Ilmiah Ilmu Administrasi Negara dan Ilmu Komunikasi ◽

10.33084/restorica.v2i2.737 ◽

2016 ◽

Vol 2 (2) ◽

pp. 6-9

Author(s):

Shanty Bahar Ising ◽

Mujiono Mujiono

Keyword(s):

Secondary Data ◽

Data Sources ◽

Primary Data ◽

Democratic Leadership ◽

Model State ◽

Teachers And Students ◽

Secondary Data Sources ◽

Conceptual Skills ◽

To Receive ◽

Teacher Trainer

This study aims to find out, describe and analyze the democratic leadership of the Principal in improving achievement at the Palangka Raya Model State Madrasah (MAN). The research method used is descriptive qualitative. The researcher wanted to describe the Principal's democratic leadership in improving achievement at the Palangka Raya Model State Islamic Senior High School (MAN). Primary data sources (person) are the Principal, Teachers (Teachers) and Students of MAN Model Palangka Raya. Whereas secondary data sources are the data in the Palangka Raya Model MAN and supporting literature. The results of the study show that the Principal's leadership in improving achievement in the Palangka Raya Model MAN is very democratic, this condition can be seen from: (1) Principals are happy to receive suggestions, opinions and even criticism from subordinates both delivered by students and teachers through suggestion boxes and in the teacher council meeting, (2) the Principal always strives to prioritize teamwork cooperation in an effort to achieve the goal by appointing the instructor teacher, trainer teacher and mentor teacher and conducting deliberation in planning, implementing and evaluating activities, (3) the Principal always tries to make subordinates more success than him, which is realized by including teachers in seminars, workshops, training and competitions so that they get achievements both locally and nationally, and (4) Principals always try to develop their personal capacity as good leaders in conceptual skills, human skill and technical skill.

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Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v5i1.2331 ◽

2020 ◽

Vol 5 (1) ◽

pp. 22

Author(s):

Yogi Maron ◽

Ismansyah Ismansyah ◽

Azmi Fendri

Keyword(s):

Legal Theory ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Land Acquisition ◽

District Court ◽

Primary Data ◽

Prison Sentence ◽

Ethics Code

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

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MANAJEMEN PENGAWASAN PERATURAN DAERAH DILAHAT DARI PERUNDANGAN-UNDANGAN

Jurnal Manajemen Bisnis Krisnadwipayana ◽

10.35137/jmbk.v5i3.158 ◽

2017 ◽

Vol 5 (3) ◽

Author(s):

Dr. Hotma Napitupulu, MM.

Keyword(s):

Secondary Data ◽

Empirical Method ◽

Conceptual Approach ◽

Regulatory Oversight ◽

Secondary Data Source ◽

Approach Method ◽

Data Source ◽

The Law ◽

Harmonization Of Law ◽

Legal Consequences

Management of regulatory oversight under the law, analyze the legal consequences with its use as a system of legal oversight mechanisms in order to create harmonization of law in the region. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source. As for the method used in research by using empirical method that is by conceptual approach method with primary and secondary data source.

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Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽

10.20884/1.atc.2019.2.1.58 ◽

2020 ◽

Vol 2 (1) ◽

pp. 1-17

Author(s):

Singgih Permana Adhi

Keyword(s):

Law Enforcement ◽

Acquisition Cost ◽

Secondary Data ◽

Primary Data ◽

Research Procedure ◽

Approach Method ◽

Transaction Price ◽

Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

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