scholarly journals Kekuatan Hukum Perseujuan Suami atau Istri yang dibuat di Bawah Tangan

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 500
Author(s):  
N Wahyu Triashari

Approval from a husband or wife as a seller in buying and selling land is very necessary. In practice the usual agreement used is a minimum that has been legalized by a Public Notary. The problem that arises is how the legal strength of the agreement of a husband or wife whose name is not stated in a land title deed with its capacity as a seller in the land sale and purchase agreement and what are the legal consequences of the land purchase agreement when the agreement is made under the form without legalization. The purpose of this paper is to contribute conceptually with scientific, systematic, and logical conceptual work, especially in matters of legal strength from the agreement of a husband or wife whose name is not stated in a certificate with its capacity as a seller in a land sale and purchase agreement. The method used in this legal research is a type of normative legal research. Approval of a husband or wife is required whose name is not stated in the certificate with the capacity as a seller in the land purchase agreement because it relates to joint assets in the marriage. The legal consequences of the land purchase agreement when the agreement of the husband or wife is only made under the hands without being legalized is that the file will not be processed at the local Land Office for the transfer of ownership rights to the land in the case of buying and selling. Persetujuan dari suami atau istri sebagai penjual dalam jual beli tanah sangat diperlukan. Persetujuan yang biasa digunakan sebagai syarat pelaksanaan jual beli adalah minimal yang telah di legalisasi oleh Notaris. Permasalahan yang muncul yaitu bagaimana kekuatan hukum persetujuan suami atau istri yang namanya tidak tertera dalam sertipikat dengan kapasitasnya sebagai penjual dalam perjanjian jual beli tanah dan apa akibat hukum terhadap perjanjian jual beli tanah ketika persetujuan tersebut dibuat dalam bentuk di bawah tangan tanpa legalisasi. Tujuan penulisan ini adalah untuk memberikan sumbangan karya konseptual dengan argumentatif ilmiah, sistematis, dan logis khususnya dalam permasalahan kekuatan hukum dari persetujuan suami atau istri yang namanya tidak tertera dalam sertipikat dengan kapasitasnya sebagai penjual dalam perjanjian jual beli tanah. Metode yang digunakan dalam penelitian hukum ini adalah jenis penelitian hukum normative. Dibutuhkan persetujuan suami atau istri dalam kapasitasnya sebagai penjual pada perjanjian jual beli tanah karena berhubungan dengan harta bersama dalam perkawinan. Akibat hukum terhadap perjanjian jual beli tanah ketika persetujuan dari suami atau istri tersebut hanya dibuat dengan di bawah tangan tanpa di legalisasi adalah berkasnya tidak akan dapat diproses pada Kantor Pertanahan setempat untuk pengalihan hak milik atas tanah dalam hal jual beli.

2020 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Ahmad Yani Kosali

Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.


2020 ◽  
Vol 1 (2) ◽  
pp. 197-202
Author(s):  
Yogi Kristanto ◽  
I Nyoman Putu Budiartha ◽  
Desak Gde Dwi Arini

Notary as the Land Deed Official is an additional authority granted by law to carry out legalization of legal binding by the community, especially in the land sector. Therefore, the notary’s authority as the Land Deed Making Official is not to make any mistake in issuing an authentic deed which results in the cancellation of the agreement made. This study discusses two issues: the liability and authority of the Notary as the official for making land deed if a mistake or cancellation of the land sale and purchase certificate occurs and the legal consequences if it has taken place. The research method used in this research is normative legal research method. The results of the research show that the liability of the Notary as the Land Deed Making Official for his / her mistakes is in the form of civil liability in the form of material and immaterial compensation, criminal liability in the form of imprisonment of at least 6 years and a maximum of 8 years, and administrative liability in the form of written warning to disrespect dismissal. The legal consequence is that the Notary’s license as a Land Deed Official can be revoked and the land deed he has made can be canceled or null and void.


Author(s):  
Aprina Wardhani ◽  
Ferdi Ferdi ◽  
Muhammad Hasbi

Based on Article 39 paragraph (1) letter d PP No. 24 of 1997 stated that "PPAT refused to make a deed if one of the parties or parties acted on the basis of an absolute power of attorney which essentially contained the legal act of transferring rights" .In case number  90 / PDT.G / 2013 / PN.PDG between Bahar and Henky Sutanto CS, Hj. Elly Satria, S.H, H. Hendri Final, S.H, and the Land Agency of the City of Padang. The problem occurred because the power deed number 67 dated February 17, 1996 which was categorized as absolute power was made as the basis for the transfer of certified land rights without being preceded by the PPJB or any agreement, even though the Principal Agreement and this power cannot be separated. The formulation of the problem discussed in this thesis is how the process of transferring land rights is based on absolute power, how the legal consequences of transferring land rights are based on absolute power and how the responsibility of Notary / PPAT in making deeds that use absolute power as the basis of transfer of rights .The research method used is normative legal research. Based on what was investigated, the process of transferring land rights based on absolute power was carried out based on the usual judicial process, namely because the mediation failed, followed by the reading of the lawsuit, the respondent's reply, replication and duplication, verification, and the verdict was partially granted.The legal consequences with the use of absolute power in the case of transfer of ownership rights to land in this case resulted in the absolute deed of power being null and void. Based on the theory of accountability, the author argues that PPAT is responsible for making sale and purchase deeds based on absolute power. Losses to the parties for negligence of the PPAT are borne by the Official who, because of the negligence, has caused a loss.


2021 ◽  
Vol 2 (1) ◽  
pp. 144-148
Author(s):  
Komang Adhi Kresna Purnama ◽  
I Nyoman Alit Puspadma ◽  
Ni Gusti Ketut Sri Astiti

  This study aims to analyze the implementation of changes in building rights that are burdened with mortgage rights into ownership rights for households The research method used in this study is normative legal research The approaches used in this research are the statute approach and the case approach The technique of processing legal materials that have been collected is  done qualitatively data processing is done by describing and describing all legal materials as a result of document studies and interviews which are perfected with literature studies and studies of applicable provisions The results of this study indicate that the Implementation of the Changing of Building Rights to Ownership Rights in the Land Office is processed in accordance with the provisions of the State Minister for Agrarian Affairs / Head of the National Land Agency Number 5 of 1998 These changes can be made at the request of the right holder with written approval from the Underwriting Rights holder accompanied by a Mortgage Certificate at the Land Office where the object of the Mortgage is located And for the Implementation of Changes in Building Use Rights that are still burdened with Mortgage Rights into Ownership it has legal consequences that the  ortgage in question is written off (stated) as stated in the provisions of Article 18 paragraph (1) letter d  of  the UUHT but does not cause the cancellation of guaranteed debt


2020 ◽  
Vol 4 (1) ◽  
pp. 63
Author(s):  
Elfan Winoto

<p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p><p> </p><p>Abortion is the fifth highest cause of maternal mortality. Legal abortions are called <em>abortus provocatus medicinalis</em> and those that are illegal are called <em>abortus provocatus criminalis</em>. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.</p><p>This legal research uses a juridical normative with a conceptual and legislative approach.</p><p>The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.</p><p>The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.</p>


Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.


2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.


2020 ◽  
Vol 1 (1) ◽  
pp. 176-180
Author(s):  
I Gusti Agung Ayu Lita Pratiwi ◽  
Nella Hasibuan Oleary ◽  
Ni Made Puspasutari Ujianti

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).


2020 ◽  
Vol 1 (1) ◽  
pp. 181-186
Author(s):  
I Gusti Agung Gede Catra Artawan ◽  
I Nyoman Budiartha ◽  
I Nyoman Sutama

Underground water is water that is contained in a layer of soil or rock below the soil surface. This study aims to determine the government's authority in regulating groundwater permits and what are the legal consequences of violating unlicensed groundwater use. The research was conducted using empirical legal research methods, source of the data which was used are primary and secondary sources of legal materials, methods of collecting legal materials using documentation studies and field research, and analyzing legal materials using descriptive analysis methods. The results of this study indicate that the Government's authority in permitting groundwater is regulated in the Bali Governor Regulation Number 5 of 2016 concerning Groundwater Permits, particularly in Article 3 paragraph (1), it is explained that the Governor has the authority to manage groundwater in CAT in the province. In Article 3 paragraph (2), the authority of the Government (Governor) is reaffirmed, including several things, namely: granting permits for groundwater drilling; give permission to extract groundwater; grant permits for the use of groundwater; granting permits for groundwater exploitation; grant permits to groundwater drilling companies; provide guidance, supervise technical investigations and use of Groundwater. As a result of violations of the use of groundwater by violating the parties in accordance with Article 15 paragraph (1) of Law Number 11 of 1974 concerning Irrigation, it is stated that anyone who deliberately runs water and / or water sources business without permission from the Government is punishable by imprisonment. 2 (two) years and or a maximum fine of Rp. 5,000,000 (five million rupiah).


2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra

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. 


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