scholarly journals Keabsahan Akta PPAT Yang Tidak Ditandatangani Para Saksi (Studi Putusan PN. No.16/Pdt.G/2015/Pn.Krg)

2020 ◽  
Vol 2 (2) ◽  
pp. 57-76
Author(s):  
Valerio Xaverius Tjipto
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Legal Problem ◽  
Land Registration ◽  
Legal Standing ◽  
Legal Effect ◽  
Legal Consequence

ABSTRACT             PPAT Deed is an authentic deed in the case of certain legal actions, especially in the case of transfer of land rights from one party to another party. An authentic deed is a deed made by an authorized official for that, in the place where the deed was made and the format is in accordance with the provisions of the legislation in force. The authentic PPAT deed must be read in front of the parties, and signed by the witnesses and PPAT. The legal standing of witness in the PPAT authentic deed is as an instrument witness who witnessed and knew the making of the PPAT deed and also as evidence to strengthen the PPAT deed was made. If there is a legal problem with the PPAT deed, the instrumentair witness who signed the PPAT deed can be asked for information relating to the implementation of the PPAT deed, including information about the presence of the parties who signed the PPAT deed before the PPAT and the witnesses. The problem in this research is how the legal arrangement of witnesses in the PPAT deed, How is the legal effect on the PPAT deed whose signature was carried out in the presence of two witnesses and How is the legal analysis considered by the Panel of Judges in the Karanganyar District Court Decision No. 16 / Pdt.G / 2015 / PN.Krg.             This type of research is empirical juridical research, in which the approach to the problem is carried out by reviewing the implementation of PPAT obligations based on the applicable laws and regulations in this case are Articles 21 and 22, PP No. 24 of 2016 concerning amendments to PP No. 37 of 1998 concerning PPAT position regulations and this research was also supported by conducting direct interviews with 3 PPAT people whose working area was in Medan City.The results of the study stated that the legal arrangements regarding witnesses in the PPAT deed contained in Articles 21 and 22, PP No. 24 of 2016 concerning amendments to PP No. 37 of 1998 concerning PPAT position regulations, Article 18 paragraphs 3, 4 and 5 of the regulation of the State Minister for Agrarian Affairs / Head of the National Land Agency (BPN) Number 1 of 2006 concerning Provisions for Implementing Government Regulation Number 37 of 1998 concerning PPAT Position Regulations, Article 1895-1912 Civil Code in the description of the criteria for witnesses recognized in making the PPAT deed and Article 37 PP No. 24 of 1997 concerning land registration, the legal consequence of the PPAT deed which was signed before two witnesses was that the PPAT deed was degraded to a deed under the hand, because it contained a formal legal flaw and the legal analysis of the Judge Panel's consideration in the Karanganyar District Court Decision No. 16 / Pdt.G / 2015 / PN.Krg which states that the PPAT has committed acts against the law and the authentic deed has been degraded to a deed under the hand.Keywords: PPAT Law, PPAT Deed, and the Witness Position

scholarly journals The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights

2019 ◽  
pp. 133-148
Author(s):  
Sulistiani Adont ◽  
La Syarifuddin ◽  
Rahmawati Al Hidayah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
District Court ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Provisions ◽  
Valid Evidence ◽  
The Government ◽  
The Right

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

KESADARAN HUKUM MASYARAKAT KABUPATEN TEGAL TERHADAP PENDAFTARAN HAK ATAS TANAH

Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Bha'iq Roza Rakhmatullah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Legal Aspects ◽  
Time Limit ◽  
Economic Community ◽  
Land Registration ◽  
Transfer Delay ◽  
Legal Effect ◽  
Strict Enforcement ◽  
Rights Transfer

The registration of land rights in the Land Office has a time limit. This paper discusses about why the community of Tegal Regency has not yet had legal awareness to the registration of land rights transfer, how the legal effect on the delay of registration of land rights transfer based on the purchasing deed of the Making Land Deed Official by the receiving party rights, and how to solve public legal awareness and solutions to land registration delays. The method used in this research is by the Socio-Legal approach that is an approach which is done or used to be a reference in highlighting the problems of applicable legal aspects. the community of Tegal Regency, especially the weak economic community have not yet had legal awareness to register the transfer of land rights based on purchasing deed of the Making Land Deed Official to Tegal Regency Land Office. Suggestion from this research is The existence of strict enforcement of sanctions to unscrupulous officials of the Land Office who make irregularities, all stakeholders make a memorandum of understanding together in the context of registration of the transfer of land rights, revision of article 40 paragraph (1) Government Regulation Number 24 the Year 1997.Keywords: Land Rights Transfer, delay, Community Legal Awareness

scholarly journals WEAKNESSES OF THE NEGATIVE PUBLICATION SYSTEM WITH POSITIVE ELEMENTS IN AGRARIAN LAW IN INDONESIA

1970 ◽  
Vol 21 (2) ◽  
pp. 231-248
Author(s):  
Suharyono Suharyono
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
Legal Responsibility ◽  
Land Registration ◽  
The Real ◽  
Positive Elements ◽  
Agrarian Law ◽  
Implementation Level

In the negative publication system with positive elements in agrarian law in Indonesia at the implementation level, there are still a number of weaknesses, both weaknesses from the aspect of the norms for the purpose of land registration, aspects of legal responsibility and the system of imposing sanctions. There will be 3 (three) weaknesses in the Negative Publication System (positive elements) which are used as the basis for Land Registration by Government Regulation/PP Number 24 of 1997, namely: first; the norming system because it is imperative (norm imperative) and open (openbaar norm) which provides an opportunity for other parties to prove that they are the real owners of the land, thus resulting in legal disputes that must be resolved through the courts; second; the norm of legal responsibility for BPN/Kakan Land Officials who make mistakes in the implementation of land registration is not regulated in a negative publication system with positive elements, so that BPN/Land Office officials are not legally responsible when a certificate of land rights is canceled or declared invalid by a court decision; and third; norms and system for imposing sanctions for Land Registration Officers (BPN officials) who make mistakes in the implementation of land registration in Government Regulation/PP Number 24 of 1997 is not regulated. Keywords: Negative Publications, Positive Elements, and Agrarian Law.

scholarly journals The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Gabriella Talenta Sekotibo
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Land Registration ◽  
Strength Of Evidence ◽  
Legal Standing ◽  
Legal Consequences

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.

scholarly journals Returning the Name of Certificate of Property Right based on Judge Decision in the Regency Indragiri Hulu, Riau Province

2021 ◽  
Vol 8 (8) ◽  
pp. 263
Author(s):  
Hendra Roza ◽  
Kurnia Warman ◽  
Muhammad Hasbi
Keyword(s):  
Competent Authority ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Transactions

In order to support land registration in accordance with the rule of law, it is necessary to take legal action that can be useful for people who want to transfer names to land transactions such as buying and selling grants and others, so as to provide legal certainty in society, and the names of people. which has obtained land can be listed in the certificate, one of the changes in the name of the land certificate can occur due to a court decision, where the applicant can request the court to order the Land Office to change the name of the applicant, therefore it is necessary to see how the mechanism of transfer of name is court ruling. In this study, the formulation of the problem is formulated, namely: 1. How is the process of changing the name of the certificate of title to land based on the judge's decision in the Indragiri Hulu district, Riau province, case study number: 42/Pdt.G/2017/PN.Rgt? 2. What is the Mechanism of Registering Land Rights Based on the Judge's Court Decision? The theory used in this research is the theory of legal certainty and the theory of authority. The method used in this thesis is a normative juridical approach, the data sources are primary, secondary and tertiary legal materials. The results of the research obtained are that the procedure for the transfer of title to ownership certificates 42/Pdt.G/2017/PN.Rgt at the Land Agency Office of Indradiri Regency, namely: takes 20 days. The mechanism for registering land rights based on court decisions, in this case district court decisions, is more casuistic in nature and depends on the court's decision itself. The interpretation of the competent authority is needed in making decisions regarding the determination of procedures (Issuance, Transfer and/or cancellation of rights) and the legal basis used (PP No. 24 of 1997 or Regulation of the Head of BPN No. 3 of 2011) to carry out land registration based on the court's decision , while the registration of land rights based on the Decision of the State Administrative Court is simpler and more focused than the registration of land based on the Decision of the District Court (Civil).

scholarly journals AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI (AJB) ATAS TANAH OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 888/K/PDT/2016

2018 ◽  
Vol 1 (2) ◽  
pp. 253
Author(s):  
Livia Clarista ◽  
Endang Pandamdari
Keyword(s):  
Supreme Court ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
High Court ◽  
Original State ◽  
Legal Standing ◽  
The Supreme Court ◽  
Legal Consequences ◽  
Laws And Regulations

Buying and selling is a process of transferring rights of land carried out by making a sale and purchase deed by a land deed official. Therefore, the procedure must be in accordance with the applicable laws and regulations to produce a valid deed and can be used to transfer the land rights. In this case, there was a mismatch in the procedure for making land sale and purchase deeds carried out by land deed official. This caused a legal defect in the deed which was then supported by a statement from the District Court Verdict Number 381/Pdt.G/2014/PN/Bdg. and the Bandung High Court with Decision Verdict 451/PDT/2015/ PT BDG., where both of them grant the plaintiff's claim, namely land deed official itself. However, the Supreme Court Judges considered that land deed official did not have a legal standing in filing a claim because it was deemed not to have legal interests in the sale and purchase deed. The Supreme Court Judges in Verdict Number 888 / PDT / 2016 canceled the previous court decision. This resulted in the deed returning to its original state. However, the deed can then only be canceled by the parties in it, but the cancellation also can only be done if both parties agree. While the legal consequences of the land deed official issuing the sale and purchase deed are the acceptance of sanctions in the form of temporary and permanent dismissals.

scholarly journals Tanggung Jawab Pejabat Pembuat Akta Tanah (PPAT) Terhadap Pendaftaran Peralihan Hak Atas Tanah Yang Menjadi Objek Sengketa

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ida Ayu Wulan Rismayanthi
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Public Official ◽  
Land Registration ◽  
Library Research ◽  
Title Deed ◽  
Legal Consequence ◽  
Card System ◽  
The Government ◽  
Legal Consequences

The Land Deed Official (the PPAT) is a public official who is granted part of the authorities by the State in the implementation of land registration, by making the land certificate as the basis for land registration. The Agrarian Office may turn down the registration of the land rights in the event of any recording in the land registry books of the land rights which become the object of dispute. Based on Article 45 of the Government Regulation Number 24 of 1997 that there is a legal ambiguity on the return of the files in the form of certificate, title deed and other related documents. According to Article 55 of the Head of National Land Agency number 1 of 2006, the PPAT is personally responsible for the execution of the task and his/her authority, in every act making. There is no clear arrangement regarding the responsibility of PPAT on the registration of the conveyance of the land which becomes the object of dispute. Such provisions result in legal issues about the legal consequences and the responsibility of PPAT on the registration of the conveyance of the land which becomes the object of dispute The type of research used in this thesis is a normative legal research as the result of the presence of the ambiguity and the vacuum of norms. The legal materials were collected by the techniques of library research and the card system. The descriptive, interpretative and argumentative theories as well as associated with laws that relevant to the issues were used to analyze the legal materials. The results showed that the Agrarian Office turns down and returns the documents to the PPAT as the legal consequence of the conveyance of land which becomes the object of dispute. The legal consequences of the deed made ??before the PPAT remains authentic during a blocking of certificate. The responsibility of the PPAT is in accordance with his/her position, in keeping the deed, certificate along with the relevant documents at the time of the restitution by the Agrarian Office. PPAT shall be mandatory as an intermediary to keep the documents that are being returned at the time of confiscation by a court or at the revocation of blocking by the applicant.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

scholarly journals KONSEP CULPA DALAM PERKARA PIDANA SUATU ANALISIS PERBANDINGAN PUTUSAN NOMOR 18/Pid.B/2017/PN.TOBELO

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Ernest Sengi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Aspect ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Court Judge

The concept of omission or culpa from the legal aspect is very different from the concept of omission or culpa that is understood everyday. Many events include omission or culpa but the incident may not be a criminal act. Thus, law enforcement must be careful in giving meaning to a legal act related to omission. Court Decision Number 18 / Pid.B / 2017 / PN.TOb. is a decision which is the object of research in this paper, in which the author disagrees about the concept of omission or culpa which is considered by the Tobelo District Court judge in that decision, although I agrees that the defendant's actions were omission. The analysis used is legal analysis using a statute approach and case approach so that it can find out the basis of the court's consideration of choosing Pasal 359 KUHP dropped against the defendant Imsal Ilahi Baksi. In its consideration, it was found that Tobelo District Court judges interpreted omission as " not careful " or " lack of attention" so that the defendant was proven legally and convincingly committed a crime of omission. Meanwhile, in the criminal law doctrine, many concepts of omission or culpa are not always interpreted as "not careful" or "lack of attention" such as omission in the sense of onbewuste schuld. Because of the fact, in this case the defendant was careful and gave attention by notifying his actions (installing electricity), but only did not imagine the possibility of consequences

Legal Protection for Creditors Against Validity of Trade Binding Act with Loan Without Dependent Rights (Analysis of Verdict Number: 34/Pdt/2017/PT. YYK and Number : 214/Pdt.G/2014/PN.Jkt Sel)

Authentica ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 163-185
Author(s):  
Nina Trisnowati
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Bond Number ◽  
Court Decision ◽  
District Court ◽  
Power Of Attorney ◽  
The Supreme Court ◽  
Outstanding Debt ◽  
The Republic ◽  
Binding Agreement

Credit, which was previously considered taboo, is now a necessity in society. Everyone is looking for convenience for credit without knowing the risks and impacts that will occur in the future. The most important element of credit (debt) is the trust of the creditor towards the borrower as the debtor. Sale and Purchase Agreement (hereinafter referred to as PJB) is an agreement between a seller to sell his property to a buyer made with a notarial deed. Cases that occurred in Yogyakarta High Court Decision Number 34 / Pdt /2017/PT.YYK and District Court Decision Number 214 / Pdt, G / 2014 / PN. Jkt.Sel is a case of debt receivable with collateral for a certificate of land rights and the parties poured their agreement into the Sale and Purchase Binding Act (PPJB) and the Selling Power of Attorney, considering that after the two decisions, there was an outstanding debt problem, while the debtor was still have not been able to repay their debts to creditors, with guarantees of certificates of land rights without mortgage. The purpose of this study was to analyze the judges' consideration of the decision Number 34 / Pdt /2017/PT.YYK with Decision Number 214 / Pdt.G / 2014 / PN. Jkt Cell regarding sale and purchase agreement. analyze the legal protection for creditors against the validity of the deed of sale and purchase agreement with a loan without mortgage. analyze repayment by defaulting debtors relating to debts and loans without mortgages. The method used in this study is a normative juridical method, analyzed Normatively Qualitatively, The results of the study show that in Decision Number 34 / Pdt /2017/PT.YYK which states are null and void and do not have the power to bind an authentic deed regarding the "Purchase Bond" Number 01/2015 and authentic deed in the form of "Sales Authority" Number 02/2015 , because based on the Supreme Court Jurisprudence of the Republic of Indonesia number 275K / PDT / 2004. Whereas as a comparison for Decision Number 214 / Pdt.G / 2014 / PN. Jkt Cell, which originally had a legal relationship, that is, debt and receivables which stated that the Plaintiff was proven to have committed a default on the Defendant, stated the Purchase Binding Agreement No. 45 dated July 11, 2008 and all of its derivatives are valid and correct deeds; declare the Deed of Credit Recognition No. 46 dated July 11, 2008 and all of its derivatives are valid and correct deeds; certifies Fiduciary Deed (movable property) No. 47 dated July 11, 2008 and all of its derivatives are valid and correct deeds. Keywords: Legal Protection, Debt-Receivables, Binding Agreement of Purchase, Abuse of Circumstances.

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