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

Acta Comitas ◽  
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.

scholarly journals Akibat Hukum Perjanjian Jual Beli Hak Atas Tanah

2020 ◽  
Vol 1 (1) ◽  
pp. 112-117
Author(s):  
Made Erik Krismeina Legawantara ◽  
Desak Gde Dwi Arini ◽  
Luh Putu Suryani
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Primary Data ◽  
Conceptual Approach ◽  
Legal Method ◽  
Absolute Requirement ◽  
Secondary Data Sources ◽  
Legal Consequences

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.

scholarly journals Perlindungan Hukum Bagi Kreditor Terhadap Hapusnya Hak Atas Tanah yang Dibebani Hak Tanggungan

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 251
Author(s):  
I Dewa Gede Arie Kusumaningrat
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
The Other ◽  
Conceptual Approach ◽  
Other Hand ◽  
Credit Agreement ◽  
The Right

Credit distribution by banks is one effort that can be utilized by everyone to meet needs that are very diverse and always increasing. Credit distribution by banks is generally carried out in the presence of collateral to increase creditor trust. Credit distribution is a product that is profitable for the bank, but on the other hand there is a risk in lending due to the need for time from the lending phase to the repayment stage. Credit implementation does not always run smoothly, one of which is when the credit debtor becomes bogged down, plus the collateral of the debtor cannot be executed by the bank because the guarantee has been removed by a certain matter. The problem is how the legal protection for creditors against the abolition of land rights burdened with liability and how the debtor's responsibility due to the abolition of rights to land burdened with mortgage rights. Normative juridical research used in compiling this study is accompanied by the use of a legal approach (Statue approach), and a conceptual approach. There are two types of protection for creditors, namely preventive legal protection (prevention) and repressive legal protection (dispute resolution). The debtor is still obliged to pay off the debt even though the collateral with the right of liability has been removed. The credit agreement is a protection for creditors in the event of a dispute during the process of lending, then efforts can be made by the bank if there is a problem, namely by conducting a credit restructuring. Penyaluran kredit oleh bank merupakan salah satu upaya yang dapat dimanfaatkan oleh setiap orang guna memenuhi kebutuhan yang sangat beraneka ragam dan selalu meningkat. Penyaluran kredit oleh bank pada umumnya dilakukan dengan keberadaan jaminan guna meningkatkan kepercayaan kreditor. Penyaluran kredit merupakan produk yang menguntungkan bagi bank, namun disisi lain terdapat resiko dalam penyaluran kredit tersebut yang dikarenakan diperlukannya waktu sejak tahap pemberian kredit sampai pada tahap pelunasan kredit. Pelaksaan kredit tidak selalu berjalan dengan lancar, salah satunya ketika debitor kreditnya menjadi macet, ditambah lagi jaminan debitor tidak bisa dieksekusi oleh bank karena jaminan telah hapus oleh suatu hal tertentu. Adapun yang menjadi masalah yakni bagaimana perlindungan hukum bagi kreditor terhadap hapusnya hak atas tanah yang dibebani hak tanggungan dan bagaimana tanggung jawab debitor akibat hapusnya hak atas tanah yang dibebani hak tanggungan. Penelitian normatif digunakan dalam menyusun penelitian ini disertai penggunaan pendekatan perundang-undangan (Statue approach), dan pendekatan konseptual (conceptual approach). Terdapat dua jenis perlindungan bagi kreditor yaitu perlindungan hukum preventif (pencegahan) serta perlindungan hukum represif (penyelesaian sengketa). Debitor tetap berkewajiban melunasi utangnya meskipun jaminan dengan hak tanggungan telah hapus. Perjanjian kredit menjadi perlindungan bagi kreditor dalam hal terjadinya sengketa selama proses penyaluran kredit, kemudian upaya yang dapat dilakukan bank apabila terjadi permasalahan yakni dengan melakukan restrukturisasi kredit.

scholarly journals Registration of Transfer Grant of Rights to Land According to Customary Law as Well as The Role of The Notary / PPAT in Wonossalam, Demak

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 705
Author(s):  
Rini Setyowati Abadi ◽  
Achmad Sulchan
Keyword(s):  
Code Of Conduct ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Legal Certainty ◽  
Legal Procedures

The transition of land rights for the grant must be conducted through the procedures in accordance with the provisions occured for the transition of land rights for the grant must be registered at the land office to obtain legal certainty in the form of a certificate, so that the land status would be clear. In practice, in the district Wonossalam-Demak are still many people who do grant without going through legal procedures that have been set and raises difficulties on many fronts for legal certainty on the grant agreement. This study aims to determine and analyze the role of notaries in the implementation of transitional registration of land rights because the grant. Notary entitled to be responsible if something happens on the issue of the agreement for him, the responsibility it be liable in peridana, civil, code of conduct, and administration.Keywords: Registration, Transfer of Rights To Land, Customary Law.

scholarly journals Judical Review on The Authority of Subdistrict Head as A Temporary Land Deed Officials in The Making of Deed in Bojong Subdistrict, Tegal Regency

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 735
Author(s):  
Muhammad Muamal ◽  
Amin Purnawan
Keyword(s):  
Land Rights ◽  
Civil Code ◽  
The Other ◽  
Public Officials ◽  
The Public ◽  
Other Hand ◽  
The Republic ◽  
The Government

The Sub-district head is appointed as temporary PPAT based on the provisions of the Act. It is due to there is not enough PPAT in the government area, so the government gives authority to the Sub-district head to serve the community in making deeds related to the transfer of Land Rights. In reality, not all sub-district heads are able to carry out their duties and authority. The constraints are due to the lack of Sub-district head knowledge about the duties and authority as PPAT, the number of Sub-district head duties in the government field which cause the affairs of the process of transferring rights to land are neglected and are often delegated to sub-district staff. Furthermore, the PPAT Deed Forms should not be used again since the enactment of the Regulations of the Republic of Indonesia National Land Number 8 year 2012. However, in reality many temporary PPAT or Sub-district heads still use the old forms which are no longer specified in the applicable Regulations. The deed made must be an Authentic Deed as stipulated in Article 1868 of the Civil Code concerning the Authentic Deed, namely a deed which is in the form prescribed by law, made by or before the public officials where the deed is made. On the other hand, the position as a PPAT must be in accordance with PP Number 37 year 1998 concerning the Regulation of the Position of the Land Deed Officials Keywords: Sub-district head Authority; Temporary PPAT; deed

scholarly journals Peralihan Hak Atas Tanah Melalui Jual Beli Berdasarkan Hukum Adat

2020 ◽  
Vol 1 (2) ◽  
pp. 213-217
Author(s):  
I Made Krishna Dharma Kusuma ◽  
Putu Gede Seputra ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Local Community ◽  
Economic Value ◽  
Legal Protection ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Literature Study ◽  
The One ◽  
The Village

Humans cannot be separated from the name of land, because land is the one who revives humans and living creatures around it in the progress of the current era of land has Economic Value. Land is the main and largest capital of Indonesia, land is the only capital. The problems of this study are 1) what are the procedures for the transfer of Land Rights according to Customary Law? 2) How is the power of the Law of Sale and Purchase of Property Rights on Land according to Customary Law? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) the transfer of rights to land according to customary law is valid if the act of light and cash is carried out. The purpose of the sale and purchase agreement is in the presence of PPAT (Land Deed Official) and Witnesses in the transfer of rights to the land and the witness is the head of the village and the local community, which in cash means that there are two actions which are carried out simultaneously, namely the transfer of rights from the seller to the buyer and payment of prices in part or in full from the buyer to the seller. 2). The act of buying and selling that has a good intention is seen when the parties that make a sale and purchase of land rights ask to be done before the Customary Chief / local Village Chief. In the Civil Code the legal protection of buyers with good intentions, if the sale and purchase agreement is carried out based on Customary Law has been protected by the provisions of article 1338 paragraph (3) of the Civil Code.  

scholarly journals Analisis Putusan Pengadilan Negeri Jombang Nomor:15PDT.G/2014/PN.JMB Tentang Peralihan Hak Atas Tanah Dengan Menggunakan Bilyet Giro

2019 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
Hartatik Hartatik ◽  
Dhiana Puspitawati
Keyword(s):  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Court Decision ◽  
Cash Payment

This paper aims to review the Court Decision Number: 15 / Pdt.G / 2014 / PN.JMB dated October 14, 2014, relating to the validity of the transfer of land rights by buying and selling through payment using Bilyet Giro, and analyzing the settlement of the transfer of land rights using Bilyet Giro according to customary law. The method used in this paper is normative research to find a solution to the problem of transferring land rights through buying and selling using Bilyet Giro to produce a new opinion, theory or concept as a prescription related to the problem. The results of the analysis in this paper show that the payment in full with the Bilyet Giro against the price agreed in the sale of land rights must be declared valid and valuable, both in terms of the Civil Code and the concept of customary law, and according to the provisions of customary law, cash payment with Bilyet Giro is sufficient for the transfer of land rights due to buying and selling.

scholarly journals Penerapan Pasal 1320 Kuh Perdata Terhadap Tanggung Jawab Penjual Dalam Perjanjian Jual Beli Barang Melalui Media Internet

2020 ◽  
Vol 2 (1) ◽  
pp. 73-77
Author(s):  
I Komang Mahesa Putra ◽  
Ni Luh Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Electronic Commerce ◽  
Public Interest ◽  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
The Internet ◽  
Legal Research ◽  
Conceptual Approach ◽  
Internet Media ◽  
The Government

Abstract-This trade activity by utilizing internet media is known as electronic commerce, or abbreviated as e-commerce. Regarding the relevance of existing legislation with the need for regulations in buying and selling transactions through internet media, especially the seller's responsibility. The formulation of the problem in this writing is how the legal protection for the parties in the sale and purchase agreement through the internet media and how the seller's responsibility in the sale and purchase agreement based on article 1320 of the Civil Code. The author uses the type of normative legal research and the problem approach used is the basis of the conceptual approach and legislation. The agreement needed to give birth to an agreement mandated in Article 1320 of the Civil Code is considered to have been reached if the statement of one party was received by the other party. In summary, an agreement is considered to have taken place when one of the parties agreed. The government should provide more stringent supervision for the parties who carry out this electronic transaction, namely by conducting a registration of all activities involving public interest in electronic traffic. Keywords: Sale and Purchase Agreement, Seller responsibilities, e-commerce Abstrak-Kegiatan yang menggunakan elektronik komersil sudah digandrungi beberapa orang dengan penggunaan yang semakin meningkat dengan pesat setiap tahunnya atau disingkat e-commerce. Berkaitan dengan relevansi peraturan perundang–undangan yang sudah ada dengan kebutuhan akan peraturan dalam transaksi jual beli melalui media internet terutama pertanggungjawaban penjual. Rumusan masalah dalam penulisan ini adalah bagaimana perlindungan hukum bagi para pihak dalam perjanjian jual beli melalui media internet dan Bagaimana tanggung jawab penjual dalam perjanjian jual beli barang berdasarkan pasal 1320 KUH Perdata. Penulis menggunakan tipe penelitian hukum normative dan pendekatan masalah yang digunakan adalah dasar pendekatan konseptual dan Peraturan perundang-undangan. Persetujuan antara kedua orang yang menjalin suatu hubungan keperdataan di anggap telah sah apabila keduanya setuju. Ringkasnya, suatu perjanjian dianggap telah terjadi pada saat salah satu pihak menyatakan sepakat. Pemerintah seyogyanya memberikan pengawasan yang lebih ketat lagi bagi para pihak yang melakukan transaksi elektronik ini yaitu dengan jalan melakukan suatu pendaftaran terhadap segala kegiatan yang menyangkut kepentingan umum didalam lalu lintas elektronik. Kata Kunci: Perjanjian jual beli, tanggung jawab penjual, e-commerce

scholarly journals Peran Pejabat Pembuat Akta Tanah dalam Proses Peralihan Jual Beli Hak atas Tanah

2021 ◽  
Vol 1 (1) ◽  
pp. 25
Author(s):  
Christiana Sri Murni
Keyword(s):  
Essential Role ◽  
Land Rights ◽  
Current Situation ◽  
Customary Law ◽  
Public Official ◽  
Conceptual Approach ◽  
Strategic Role ◽  
Formal Requirements ◽  
Laws And Regulations

The Land Deed Official (PPAT) is a public official granted the authority to make deeds of transfer of land rights, assignment of land rights, and authorization to impose mortgage rights according to the prevailing laws and regulations. However, the question arises about how significant the role of PPAT is in transferring the sale and purchase of land rights, considering the laws and regulations governing land sale and purchase are potentially irrelevant to the current situation. This study aims to analyze the role of PPAT in transferring the sale and purchase of land rights. This type of research is normative juridical research; by using a statutory approach and a conceptual approach. This study uses primary and secondary legal materials. Then, it is described and analyzed to answer the problem to clarify the role of PPAT. The study's results reveal that the process of transferring land rights can be carried out using customary law with three options, namely adol plas, adol gadai, and adol tahunan. Then, from the national law's perspective, land rights commerce must meet the material requirements and formal requirements. PPAT has an essential role in registering land data, namely by making evidence of legal actions regarding land plots. The PPAT position has a strategic role in making authentic deeds a requirement in transferring land rights due to sale and purchase. KEYWORDS: PPAT, Deed of Sale and Purchase, Transfer of Rights.

scholarly journals Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles

2020 ◽  
Vol 7 (8) ◽  
pp. 706
Author(s):  
Pringgo Soebowo ◽  
Endang Prasetyawati ◽  
Moch. Isnaeni
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Daily Practice ◽  
Customary Law ◽  
Land Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Approach Method ◽  
Legal Construction

The sale and purchase of land-based on customary law in daily practice is still practiced by some people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and terang" which means that the handover of rights by the seller is carried out simultaneously with payment by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach as a problem approach method. The results showed that the use of "tunai and terang" in the formation of sale and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as the basis for the National Land Law. The existence of cash and light principles is expected to provide legal protection for sellers and buyers.

scholarly journals The Inconsistence Of Laws In The Registration Of Land Rights Transfer In Order Of Tax Amnesty

2018 ◽  
Vol 2 (2) ◽  
pp. 166-179
Author(s):  
Angelica Saulina Hutapea
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Rights ◽  
Civil Code ◽  
Legal Issues ◽  
Conceptual Approach ◽  
Tax Amnesty ◽  
The Law ◽  
Rights Transfer

The writing of this journal discusses legal issues related to legislation inconsistencies concerning registration of land rights transfer which related to tax amnesty. In accordance with Article 37 of Government Regulation No. 24 of 1997 that only recognizes land rights transfer trough trade, exchange, grant, inbreng, and other legal act of rights transfer, but with the existence of Perkaban No. 15/2017, it states that the registration of land rights transfer can be based on the nominee agreement. The objective of this journal is to analyze the implications of legislation inconsistencies concerning registration of land rights transfer which related to tax amnesty and the validity of nominee agreement based on Indonesian law. The research method used is normative juridical with legislation approach and conceptual approach. The discussion result of this journal  is the authorization of nominee agreement usage in terms of registration of land rights transfer, but only in the case of tax amnesty, refers to the interpretation of Article 1337 of Civil Code which states that if the things that are prohibited set forth in the law then the thing in question is allowed.

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