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

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Binding Force ◽  
Land Title ◽  
Good Intention ◽  
The Right ◽  
Legal Consequences ◽  
Legal Procedures

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the 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 Akibat Hukum Ketentuan Pasal 33 Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 6 Tahun 2018

2021 ◽  
Vol 6 (1) ◽  
pp. 220
Author(s):  
Bambang Tri Wahyudi ◽  
Rachmad Safa’at
Keyword(s):  
Supreme Court ◽  
Spatial Planning ◽  
Income Tax ◽  
Government Regulation ◽  
Land Rights ◽  
Land Registration ◽  
The Supreme Court ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program.

scholarly journals KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH

2019 ◽  
Vol 2 (1) ◽  
pp. 462
Author(s):  
Emerlanda Leticia ◽  
Hasni Hasni
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Land Rights ◽  
Legal Issues ◽  
Property Ownership ◽  
Land Registration ◽  
Proof Of Ownership ◽  
The Right ◽  
Ownership Rights ◽  
Legal Consequences

The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.

scholarly journals The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 307
Author(s):  
Ida - Nursanti
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Land Rights ◽  
Legal Action ◽  
Legal Situation ◽  
Legal Position ◽  
Legal Consequence ◽  
The Law ◽  
The Right ◽  
Legal Consequences

This study aims to determine and analyze the legal position of Roya's Consent Deed on the loss of a Certificate of Mortgage; Notary authority in drawing Roya Consent Deed against the loss of a Certificate of Mortgage; as well as legal consequences arising from the loss of a Certificate of Mortgage? The research method used is sociological juridical research methods. Based on the research, it is concluded that the Roya Consent deed is a statement from the debtor in a notarized manner, which says that the debtor has been paid off of his debt and the creditor agrees to write off the certificate of land rights encumbered by the Mortgage to be a certificate which is clean from any kind of engagement. Roya's Consent Deed has no executorial power as does the Certificate of Mortgage; The notary's authority in making Roya's Consent Deed is based on the debtor's statement before the Notary so that the statement or act is contested by the Notary in an authentic deed. This is in accordance with the Law on Notary Position; the legal consequence of the Loss of Security Certificate for the debtor is unable to take legal action against his / her land rights, namely not being able to merit, or not being able to guarantee the right to his land or transferred to another party.

scholarly journals Penetapan Sita Eksekusi oleh Pengadilan Tanpa Didasari Diktum Putusan Akhir yang Mengabulkan Sita Jaminan (Analisis terhadap Perkara Nomor 332/ PDT.G/2016/PN.JKT.SEL)

2020 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Anita Afriana ◽  
Abdoel Harun Lamo
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Certainty ◽  
The Law ◽  
Legal Consequences ◽  
Legal Force ◽  
Civil Dispute

A civil dispute issue was raised by litigants to the court in order to obtain a ruling. As for the verdict has power the law remains, the content was fi nal judgement that can be executed. The fi nal decisions that have permanent legal force should be able to be implemented voluntarily or if not, then it can be done by force (execution). In practice, there is a case where the execution decision by the chair of the court is absent and is not based on a court rulling stating that a valid and valuable consifcation guarantee. This article discusses process Letter of Determination of Confi scation of Execution without being based on a judge's decision that granted confi scation of collateral in case No. 332/Pdt.G/2016/ PN.Jkt.Sel and the legal consequences of the party executed by the Execution Seizure determined by the head of court in case No. 332/Pdt.G/2016/PN.Jkt.Sel, when the decision has been legally binding it is still associated with the principle of legal certainty in the HIR. The research method used in this thesis is normative juridical which puts forward secondary data by completing primary data in the form of interviews with informants. With analytical analytics, secondary data and primary data are analyzed qualitatively. The results of this research indicate that the determination of the confi scation of execution issued by the chairman of the Court in case No. 332/Pdt.G/2016/PN.Jkt.Sel is valid, if it is related to Article 227 HIR that a decision has permanent legal force, the winning party may submit a seizure of execution confi scation that was never previously stipulated in the decision and the legal consequences against Determination of execution, namely the Defendant's assets must be confi scated in accordance with the determination of the execution for the benefi t of the Plaintiff for the sake of legal certainty as the party won.

scholarly journals Legal Analysis of the Form Deed of Sale and Purchase Agreements and the Disposal of Land Rights as the Basic Right to Apply Broking Which Has Expired

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 733
Author(s):  
Axel Budi Putra ◽  
Maryanto Maryanto
Keyword(s):  
Qualitative Data ◽  
Land Rights ◽  
The State ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Legal Research ◽  
Research Results ◽  
A Priority ◽  
The Right ◽  
Legal Consequences

The purpose of this study was to analyze: 1) The validity of Deed of Sale and Purchase Agreements form and Release of Land Rights as the foundation for the right over Broking which the period has expired. 2) Barriers and Solutions for the right over Broking which the period has expired. This study is Social Legal research, this study will be presented on the implementation of the deed of waiver to apply transitions and changes in land rights that have expired. Are analytical, because of data obtained was conducted qualitative data analysis.The research results are: 1) the Deed of waiver in this case not only as an authentic act which has been agreed by both parties, but also the legal consequences which are land-status building rights on which the period expires is released into state land and requested back with the new rights by the applicant. Applicant was granted a priority by the state to reapply new rights to the land that is the property that has a definite legal certainty. 2) Constraints that occur is the deed of relinquishment of rights is used as a pedestal right to request building rights that have expired can not start if the deed of release was made prior to the issuance of the Certificate of Registration of Land (SKPT) of the local Land Office,Keywords: Deed; Deed of Release; Broking.

scholarly journals PELAKSANAAN PENINGKATAN HAK GUNA BANGUNAN MENJADI HAK MILIK UNTUK RUMAH TINGGAL DI KANTOR PERTANAHAN KARAWANG DITINJAU DARI KEPUTUSAN MENTERI NEGARA AGRARIA / KEPALA BADAN PERTANAHAN NASIONAL NOMOR 6 TAHUN 1998 TENTANG PEMBERIAN HAK MILIK ATAS TANAH

2021 ◽  
Vol 6 (2) ◽  
pp. 59-80
Author(s):  
Irma Garwan ◽  
Zarisnov Arafat ◽  
Yola Ardila
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Field Studies ◽  
Supplementary Data ◽  
Legal Certainty ◽  
The Status ◽  
The Right ◽  
Ownership Rights

Tanah merupakan faktor yang sangat penting dalam kehidupan masyarakat. Selain sandangdan pangan, manusia juga membutuhkan tanah sebagai tempat tinggal mereka. Untukmemberikan kepastian hukum dan menjamin kepemilikan tanah kepada pemegang hak atastanah, maka mereka harus mempunyai bukti yang disebut sertipikat. Bahwa rumah tinggaldiperlukan masyarakat, maka tanah digunakan sebagai rumah tinggal dari status HakGuna Bangunan menjadi Hak Milik untuk rumah tinggal. Masalah yang dikaji dalampenelitian ini adalah bagaimana pelaksanaan peningkatan Hak Guna Bangunan menjadiHak Milik untuk rumah tinggal di Kantor Pertanahan Kabupaten Karawang? dan apa sajasyarat-syarat yang harus dipenuhi dalam pendaftaran peningkatan Hak Guna Bangunanmenjadi Hak Milik untuk rumah tinggal?. Berkaitan dengan masalah tersebut, penelitianini bertujuan untuk mengetahui pelaksanaan peningkatan Hak Guna Bangunan menjadiHak Milik untuk rumah tinggal di Kantor Pertanahan Kabupaten Karawang. Metodependekatan yang digunakan dalam penelitian ini adalah Yuridis empiris yaitu pendekatanyang menitik beratkan pada pengumpulan data dari studi lapangan sebagai data utama danstudi kepustakaan sebagai data pelengkap. Adapun hipotesa dari penulis adalah perihalpelaksanaan Peningkatan Hak Guna Bangunan menjadi Hak Milik adalah seringditemuinya pemohon yang mendaftarkan peningkatan dengan berkas yang kurang lengkapdikarenakan kurangnya pengetahuan terkait proses tersebut sehingga menunda prosespeningkatan hak dan membutuhkan waktu yang lama. Kata Kunci : Peningkatan Hak, Hak Guna Bangunan, Hak Land is a very important factor in people's lives. In addition to clothing and food, humansalso need land as their residence. To provide legal certainty and guarantee ownership ofland to holders of land rights, they must have evidence called certificates. Whereas aresidence is needed by the community, the land is used as a residence from the status ofBuilding Use Rights to become Ownership Rights for the residence. The problem examinedin this study is how to implement an increase in Building Use Rights to Property Rights forresidences in the Karawang Regency Land Of ice? and what are the conditions that must bemet in registering an increase in the Right to Build into Ownership Rights for residences?In connection with these problems, this study aims to determine the implementation of theincrease in Building Use Rights to Property Rights for residences in the Karawang RegencyLand Of ice. The method of approach used in this study is empirical juridical, which is anapproach that focuses on collecting data from field studies as the main data and librarystudies as supplementary data. The hypothesis of the author is that regarding theimplementation of the Improvement of Building Rights to Ownership Rights, it is often thecase that an applicant registers an increase with an incomplete file due to lack ofknowledge related to the process, thus delaying the process of increasing rights and takes along time. Keywords: Increased Rights, Building Rights, Ownership Right

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