scholarly journals KEABSAHAN PENJAMINAN HAK MILIK ATAS TANAH YANG DIDASARKAN PADA AKTA DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 53/PDT.G/2017/PN.SGN)

2018 ◽  
Vol 1 (2) ◽  
pp. 100
Author(s):  
Akbar Rahadianto ◽  
Endang Pandamdari
Keyword(s):  
Land Rights ◽  
Civil Code ◽  
Court Order ◽  
Legal Requirements ◽  
Long Time ◽  
Ownership Rights ◽  
Made In

Land rights guarantee is a guarantee made by the debtor to the creditor which generally aims to obtain a loan in the form of money for the debtor and repayment of debt to the creditor. In the case of guaranteeing land rights, the procedure has been regulated in the Underwriting Rights on land along with land-related objects act. In this act, it is explained that in the case of guaranteeing land rights, it must be made in an authentic deed named deed of mortgage. But in this case the debtor guarantees ownership rights of the land to the creditor with only deed under hand, not with the deed of mortgage. Is the guarantee still valid? and how about the executorial power? In this study the author uses a case approach and legislative approach. It can be concluded that the guarantee of ownership rights on land based on the deed under the hand is valid because it has fulfilled the elements of Article 1320 of the Civil Code concerning the legal requirements of the agreement. Then for the execution strength, it can be done, but it will be very difficult because it requires a court order to execute the collateral object. The suggestion from the author is that in guaranteeing the rights to the land, it must be charged the Deed of mortgage, so that if there is a default, the execution of the guarantee object is easy and does not take a long time.

scholarly journals ANALISIS PENYELUNDUPAN HUKUM KEPEMILIKAN HAK ATAS TANAH BAGI WARGA NEGARA ASING DENGAN CARA PELANGSUNGAN PERKAWINAN DENGAN WARGA NEGARA INDONESIA

PRANATA HUKUM ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 34-43
Author(s):  
RISTI DWI RAMASARI
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Civil Code ◽  
District Court ◽  
Foreign Nationals ◽  
High Court ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

Issues concerning the land can be prevented, at least to reduce the potential to avoid the cause, the problems are legal events, so the causes can be known and recognized by re-looking through existing legal ground view. From the problems in court, the process of settling the case takes a long time, sometimes for many years, it is because of the level of court that must be passed the District Court or Administrative Court, High Court, and Supreme Court.The problem in this paper is how the legal protection of land ownership rights for foreigners with the marriage with the citizens of Indonesia?egal protection of ownership of land rights for foreign nationals with marital sustainability with Indonesian citizens as a means of tenure of land ownership by foreign. By applying the nominee agreement, foreign nationals may control land as possessing land rights as Indonesian citizens. However, this agreement has not been regulated in Indonesia, especially the legal system of agreements set forth in the Civil Code (KUHPdt), so it is categorized into the category of legal smuggling of land ownership rights for foreigners. The legal effort to be taken in solving the problem of legal smuggling of land ownership rights for Foreigners with Marriage Sustainability with Indonesian Citizens is inseparable from the provisions of Article 1320 and Article 1338 of the Civil Code (KUHPdt).

scholarly journals Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 176-180
Author(s):  
I Gusti Agung Ayu Lita Pratiwi ◽  
Nella Hasibuan Oleary ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
Legal Requirements ◽  
Land Registration ◽  
Selling Process ◽  
Ownership Rights

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).

scholarly journals Status Hak Atas Tanah Penduduk Desa dalam Kawasan Hutan Perum Perhutani

2019 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Fatimiah Azzahra
Keyword(s):  
Data Collection ◽  
Agrarian Reform ◽  
Land Rights ◽  
Land Ownership ◽  
Colonial Era ◽  
Public Corporation ◽  
The Status ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

This article aims to discuss the conflict of tenure rights between Perhutani and the community and the status of land held by the community after the entry into force of Presidential Regulation No. 86 of 2018 concerning Agraria Reform. The study uses a sociological juridical method. The location of the study is in the forest area of   Perhutani Public Corporation, Malang Regency. Data collection techniques using observation, interviews, and documentation. The results of the study show that conflicts over ownership of land rights between Perhutani and the community have been going on for a long time. Physically the land has been controlled by the community since the Dutch colonial era and passed down from generation to generation. The granting of permission to manage the land and payment of land tax strengthened the community’s argument about land ownership. The land status which is the object of the dispute is based on Presidential Regulation No. 86 of 2018 concerning Agrarian Reform became the authority of Perhutani Public Corporation. Communities can get ownership rights or get land compensation if the Ministry of Forestry releases the land.

scholarly journals Fiduciary Transfer of Ownership in Order to Secure the Satisfaction of Claim to Contemporary Right - Proposal De Le Lege Ferenda

2019 ◽  
Vol 4 (1) ◽  
pp. 6
Author(s):  
Ekrem Salihu
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The European Union ◽  
Long Time ◽  
European Union Legislation ◽  
Court Proceedings ◽  
The Republic ◽  
Relationship Of ◽  
Positive Effect ◽  
Made In

Fiduciary transfer of ownership in order to secure the claim satisfaction represents the form of non-possessory securing of claim satisfaction, which is experiencing the Renaissance in the transition countries and in the contemporary right. This form of non-possessory pledge right is not regulated by law in our own right, nor does it enjoy legal protection. Fiduciary transfer of property on the contemporary right and legal circulation is experiencing affirmation because of the essential advantages in relation to the real means of securing the claim satisfaction. The most important advantage of fiduciary agreements in relation to the pledge (mortgage) is the efficiency of the fulfilment of the claims, because there are no extensively long court proceedings in this institution. In addition to the fiduciary agreement, unlike the pledge right, the object that is subject to the fiduciary agreement, the debtor may keep such property under possession and may use it for the fulfilment of the obligations towards the creditor, thus offering practical benefits to the debtor itself. In the Republic of Kosovo, fiduciary agreements and fiduciary transfer of ownership are not regulated at positive rates. The author of this paper is committed to regulate this legal institute with positive provisions, i.e. the issuance of a special law for this institute, or the same to be included in the new Civil Code of Kosovo, as it is about an institute which has been applied for a long time by countries of the continental system and is experiencing renaissance also in the countries of the region (Slovenia, Macedonia, Montenegro, Croatia). The regulation of this institute with positive provisions would have a positive effect on legal circulation and faster economic development in Kosovo. At the same time, regulation of this institute with positive provisions would enable alignment and approximation of the Kosovo legislation with the European Union legislation. In this paper we will present the reasons why this institute should be regulated by special law or incorporated in the new Civil Code of Kosovo. However, despite the fact that local positive provisions do not particularly regulate the fiduciary transfer of ownership institution in order to secure the satisfaction of claim, nevertheless, this institute is not entirely excluded. Thus, the Law on Obligational Relationship of the Republic of Kosovo, in Article 429 provides for the ceding in order to secure "Where ceding is made in order to secure the claim satisfaction of the concessionaire against the cedant, the concessionary is obliged to behave with the care of a good economist, namely of a good housekeeper on the collection of ceded application and after the collection is completed, after keeping as much as it is needed to meet its demands against the cedant, shall hand him over the surplus.

scholarly journals Akibat Hukum Atas Perjanjian Jual Beli Hak Atas Tanah Yang Mengandung Cacat Hukum

2020 ◽  
Vol 2 (2) ◽  
pp. 19-30
Author(s):  
A. A. Sagung Poetri Paraniti ◽  
I Wayan Wiryawan
Keyword(s):  
Land Rights ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Remedies ◽  
Legal Effect ◽  
Life Itself ◽  
Ownership Rights ◽  
As If

Land for humans has a very important meaning for life itself and together with the community.The importance of land can be seen from the function of the land, namely as a place to stand, for houses,a place to make a living, as a place to worship the Creator and also a place to bury those who havedied. By paying attention to the function of such a large land, the longer it feels as if the land becomesnarrow, while the demand always increases, it is not surprising that the value of the land becomes high.From the importance of the land, it is very necessary to do a study of what is meant by the sale andpurchase agreement of land rights that contain legal defects? What efforts can be taken in resolvingthe sale and purchase of land rights that contain legal defects? This type of research uses legal researchin normative legal aspects that reviews current legislation in Indonesia in relation to the legalconsequences of land purchase and sale agreements that contain legal defects. For the answer all theseproblems, article 1425 of the Civil Code regulates the occurrence of buying and selling and the articlestates that the sale and purchase is deemed to have occurred between the two parties, immediatelyafterwards these people agreed on the material even though the price of the material had not beendelivered or the price not yet paid. With the sale and purchase of the land, it does not mean that the ownership rights in this case the ownership rights to the land have changed. Because the transfer ofownership rights to land needs to be followed by legal actions in the form of Yuridische levering so thatit does not cause legal defects. The legal effect of the land purchase agreement that contains legaldefects is that the seller returns the money from the sale of land to the buyer and the buyer returns thecertificate of land rights to the seller so that it can be canceled due to the seller's fault. Efforts that canbe taken in resolving the sale and purchase agreement on land containing legal defects can be resolvedeither by deliberation, peace or family and if this fails, the solution is through mediation, if it is notfinished, the legal remedies are the last resort.

scholarly journals Penggusuran Pedagang Kaki Lima Sebagai Perbuatan Melanggar Hukum

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Akmal Adicahya
Keyword(s):  
Land Rights ◽  
Collateralized Debt Obligations ◽  
Power Of Attorney ◽  
Charging Time ◽  
Promise Land ◽  
Collateralized Debt ◽  
Credit Agreement ◽  
The Right ◽  
Ownership Rights

Mortgage abolishment because the expiration of the Right of Exploitation (HGU) , Right of Building (HGB), and Right of Use burdened not cause the abolishment of collateralized debt obligations. Duration HGU, HGB and wear rights expire, then the mortgage that is charged against the land becomes clear. This additional agreement means clear. Instead principal agreement (credit agreement) is not necessarily to be clear, and move on. In this case resulted in the creditors are in a weak position because of unpaid debts, Mortgage over land as collateral to remove. This study discusses the normative legal efforts to do the lender to avoid the possible risk of the abolishment of land rights based on Law Number 42 Year 1996, which includes the manufacture of promise land extend rights in the imposition of mortgage deed, power of attorney making mortgage charging time HGB changes become ownership rights residential, Object insurance burden for advantage mortgage holder mortgage, debitor to request additional collateral

scholarly journals The Regulation of Ownership of Agricultural Land Rights that Exceeds the Maximum Limit

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 323
Author(s):  
Ana Rubiyani
Keyword(s):  
Agricultural Land ◽  
Land Rights ◽  
Land Area ◽  
Land Registration ◽  
The Government ◽  
Ownership Rights ◽  
And Control ◽  
Maximum Limit

Land is a form of gift given by God, but human has given brain to think the challenges of live like the land problems, so that the government tries to regulate it properly. The problems in this thesis are: 1) How to regulate ownership of agricultural land rights that exceeds the maximum limit based on Act No. 56 (Prp) of 1960 concerning the Determination of Agricultural Land Areas? 2) How is the action taken by the Land Office towards ownership of agricultural land rights that exceeds the maximum limit? The method used is juridical empirical, with descriptive analytical specifications. The method used in this research is an empirical juridical approach. The results of this study are: (1) The regulation of ownership of agricultural land rights that exceeds the maximum limit is based on Act No. 56 (Prp) of 1960, namely that the provisions regarding land restrictions state that the application for ownership rights as referred to in Article 4 paragraph 1 of Act No. 56 (Prp) 1960 was limited to a maximum land area of 2000 m2. 2) The steps of the Land Office in implementing Act No. 56 (Prp) of 1960, namely the need for a concept of supervision and control over control of land rights, given the various problems that often arise such as in land registration activities.

scholarly journals Removal of Hydrogen Sulfide (H2S) Using MOFs: A Review of the Latest Developments

2020 ◽  
Vol 2 (1) ◽  
pp. 27
Author(s):  
Amvrosios G. Georgiadis ◽  
Nikolaos D. Charisiou ◽  
Ioannis V. Yentekakis ◽  
Maria A. Goula
Keyword(s):  
Hydrogen Sulfide ◽  
Oil And Gas ◽  
Great Promise ◽  
New Developments ◽  
Specific Heats ◽  
Gas Streams ◽  
Long Time ◽  
Metal Organic ◽  
Bed Stability ◽  
Made In

The removal of hydrogen sulfide (H2S) from gas streams with varying overall pressure and H2S concentrations is a long-standing challenge faced by the oil and gas industries. The present work focuses on H2S capture using metal–organic frameworks (MOFs), in an effort to shed light on their potential as adsorbents in the field of gas storage and separation. MOFs hold great promise as they make possible the design of structures from organic and inorganic units, but also, they have provided an answer to a long-time challenging issue, i.e., how to design extended structures of materials. Moreover, the functionalization of the MOF’s surface can result in increased H2S uptake. For example, the insertion of 1% of a fluorinated linker in MIL-101(Cr)-4F(1%) allows for enhanced H2S capture. Although noticeable efforts have been made in studying the adsorption capacity of H2S using MOFs, there is a clear need for gaining a deeper understanding in terms of their thermal conductivities and specific heats in order to design more stable adsorption beds, experiencing high exothermicity. Simply put, the exothermic nature of adsorption means that sharp rises in temperature can negatively affect the bed stability in the absence of sufficient heat transfer. The work presented herein provides a detailed discussion by thoroughly combining the existing literature on new developments in MOFs for H2S removal, and tries to provide insight into new areas for further research.

scholarly journals DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT

2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Legal Certainty ◽  
Legal Research ◽  
Peace Agreement ◽  
Peace Agreements ◽  
The Law ◽  
Made In

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  

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