PERLINDUNGAN HUKUM BAGI KONSUMEN PADA JUAL BELI RUMAH DERET DENGAN SISTEM PRE PROJECT SELLING BERDASARKAN PPJB

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Subekti Subekti ◽  
Suyanto Suyanto
Keyword(s):  
Development Process ◽  
Legal Protection ◽  
Land Rights ◽  
Public Works ◽  
Business Sector ◽  
Legal Research ◽  
Freedom Of Contract ◽  
Housing Regulation ◽  
Binding Agreement ◽  
Settlement Areas

The development of the property business sector, in particular the construction of a series of houses has created a new phenomenon regarding the sale and purchase of a series of houses and their land rights using the Pre Project Selling system based on the Purchase Binding Agreement (PPJB). PPJB is based on the principle of freedom of contract (Article 1338 of the Civil Code). Buying and selling houses that have not met the conditions will hamper the completion of transactions in the sale and purchase of these houses. The problem that often arises in the buying and selling of houses that are being built by development actors based on PPJB are aspects of consumers, where consumers are at a disadvantage. The problem in this study is "How is the legal protection for consumers in the sale and purchase of a row house with a pre-project selling system based on PPJB. This type of research is normative legal research. The legal material used is primary legal material and secondary legal material. The results of this study are consumers obtain internal and external legal protection. Article 42 of Law No. 1 of 2011 concerning Housing and Settlement Areas, confirms that the houses that are still in the development process can be marketed through PPJB if there is certainty regarding housing construction of at least 20% (twenty percent), Law No. 8 of 1999 concerning Consumer Protection and Minister of Public Works and Public Housing Regulation (Permen PUPR) Number 11 / PRT / M / 2019 concerning the Home PPJB System.Keywords: House Series, Buying and selling, PPJB

scholarly journals Government Policy to Accelerating Legal Certainty of Land Through Complete Systematic Land Registration (PTSL) (Studies in Kendal District Land Office)

2019 ◽  
Vol 2 (1) ◽  
pp. 31
Author(s):  
Siti Sulistiyah ◽  
Umar Ma�ruf
Keyword(s):  
Government Policy ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Registration System ◽  
Land Registration

Problems in this study: (1) How is the implementation of activities in the District Land Office PTSL Kendal? (2) How the Government's policy to accelerate the legal certainty Landrights through PTSL ?. The method used in this research is the method of approach to socio-legal research, consisting of socio research and legal research. The results of this study are: (1) Implementation PTSL in Kendal District Land Office begins by planning activities PTSL by the Head of the Kendal District Land Office with pre inventory candidate and potential participants. (2) Government policy in speeding up the legal certainty of land rights through PTSL is based in Kendal land that already has a certificate covering an area of 13834.46 hectares.Suggestions in this study is consistent with the objectives of land registration is to provide certainty and legal protection to the rights holder, to reduce the escalation of disputes continues to grow, it is time for a land registration system through PTSL changed to positive land registration system.Keywords : Government Policy; Legal Certainty of Land Rights; PTSL.

scholarly journals Legal Protection for the Creditor as the Mortgage Holder for Granting Loan Using Collateral Land and Building Against Bad-Loan Debtor

2019 ◽  
Vol 6 (3) ◽  
pp. 766
Author(s):  
Alfi Hidayat ◽  
Sukanda Husin ◽  
Ulfanora Ulfanora
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Court Decision ◽  
Legal Research ◽  
Droit De Suite ◽  
Legal Force ◽  
Bad Loan

The writing of this article is based on a research that aims to analyze and identify the application of prudential banking principles in loan agreement by the bank as creditor for granting loans using collateral land and building as well as to analyze and describe legal protection for creditor as the mortgage holder for granting loan using collateral land and building against bad-loan debtor. The method used is normative legal research using statute and conceptual approaches. Based on the results of the study, mortgage certificate has a permanent, executorial and legal force. It has an executive force that is equivalent to a court decision that has permanent legal force and applies as a substitute for grosse acte hypotheek as long as it concerns land rights. To secure the loan granted to the debtor, the mortgage certificate holder, especially the Bank, has received legal protection in the form of a droit de preference (having precedence rights over other creditors), droit de suite, the ease of auction. In this case, the mortgage object is protected from bankruptcy and it cannot be divided into mortgage objects.

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.

KEDUDUKAN SERTIFIKAT HAK ATAS TANAH SEBAGAI JAMINAN KEBENDAAN BERDASARKAN UNDANG-UNDANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH

2020 ◽  
Vol 8 (1) ◽  
pp. 57
Author(s):  
Bayu Setiawan Hendri Putra ◽  
Arief Suryono
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Analysis Techniques ◽  
Land Title ◽  
Strong Position ◽  
Agrarian Law ◽  
The Right

<p>Abstract<br />This article aims to find out the position and legal protection of holders of land title certificates as a material guarantee. This normative legal research is prescriptive and applied. The types and sources of material for this study include primary legal materials and secondary legal materials. Data collection techniques used are literature studies or document studies. Data analysis techniques are carried out by examining research from literature studies or secondary data studies. The results of this study explain that the position of Land Rights as collateral is regulated in the Basic Agrarian Law which states that land rights can be used as collateral for debt by encumbering Mortgage Rights. Land rights that can be used as Mortgage Rights objects must fulfill two elements, namely, must be registered with the Land Office and according to their nature must be transferable. Creditors have a strong position against collateral objects. Legal protection for the holder of the land rights certificate as a material guarantee if the debtor defaults, the creditor has the right to sell collateral for repayment of the receivables regulated in the Mortgage Right Act. The Mortgage Rights Act is a manifestation of the objectives of the Basic Agrarian Law in providing and guaranteeing legal certainty and legal protection in preventive and repressive forms.<br />Keywords: Collateral; Mortgage Right; Legal Protection; Land Right</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui kedudukan dan perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan. Penelitian hukum normatif ini bersifat preskriptif dan terapan. Jenis dan sumber bahan penelitian ini meliputi bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data yang digunakan yaitu studi kepustakaan atau studi dokumen. Teknik analisis data dilakukan dengan cara mengkaji penelitian dari studi kepustakaan atau studi data sekunder. Hasil penelitian ini menjelaskan bahwa kedudukan Hak Atas Tanah sebagai jaminan diatur dalam UU Pokok Agraria yang menyatakan bahwa hak atas tanah dapat dijadikan jaminan utang dengan dibebani Hak Tanggungan. Hak Atas tanah yang dapat dijadikan obyek Hak Tanggungan harus memenuhi dua unsur yaitu, wajib didaftarkan pada Kantor Pertanahan dan menurut sifatnya harus dapat dipindah tangankan. Kreditur memiliki kedudukan yang kuat terhadap benda jaminan. Perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan apabila debitur wanprestasi, kreditur berhak menjual benda jaminan untuk pelunasan piutangnya yang diatur dalam UU Hak Tanggungan. UU Hak Tanggungan merupakan wujud dari tujuan UU Pokok Agraria dalam memberikan dan jaminan kepastian hukum dan perlindungan hukum dalam bentuk preventif dan represif. <br />Kata Kunci: Jaminan; Hak Tanggungan; Perlindungan Hukum; Hak Atas Tanah</p>

scholarly journals PENYALAHGUNAAN PEMBERIAN KUASA UNTUK MENJUAL DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) OLEH PENERIMA KUASA (CONTOH KASUS : PUTUSAN MAHKAMAH AGUNG NOMOR 1846/K/PDT/2017)

2019 ◽  
Vol 2 (1) ◽  
pp. 817
Author(s):  
Livia Cindy Ariella ◽  
Endang Pandamdari
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Land Rights ◽  
Customary Law ◽  
Power Of Attorney ◽  
Legal Research ◽  
Absolute Power ◽  
Land Sale

A sale and purchase agreement is one of the most frequently made agreements. One of the most traded objects is land. According to customary law, land sale and purchase is a legal act of transferring land rights. The legal act of sale and purchase is carried out by a land deed official who has the authority to make a sale and purchase deed. Sometimes, the sale and purchase deed cannot be made because there are conditions that have not been fulfilled, so the parties first make a preliminary agreement called the binding sale and purchase agreement. Usually, the binding sale and purchase agreement is followed by power of attorney to sell. The formulation of the problem in this thesis is whether the inclusion of the power of attorney to sell is permissible, and if the recipient of the power of attorney misuses the power, what form of legal protection can be given to the authorizer. The author uses normative legal research methods that are supported by interviews to answer these problems. The inclusion of a power of attorney to sell within the binding sale and purchase agreement is permitted as long as it is not an absolute power that is prohibited by law. Legal protection that can be given to the authorizer is divided into two forms: preventive protection, a legal protection aimed at preventing the occurrence of disputes, and repressive protection, a protection that serves to resolve in the event of a dispute.

scholarly journals Perlindungan Hukum Atas Kriminalisasi Terhadap Notaris Karena Terjadinya Pembatalan Perjanjian Jual Beli Hak Atas Tanah

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 514
Author(s):  
I Gusti Ngurah Bagus Pramana ◽  
Gde Made Swardhana
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Future ◽  
Problem Formulations

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

scholarly journals Legal Protection Against Providers of Guarantees for Land Rights in the event of Default Debtors (Study at Bank Mandiri Bima Branch)

2019 ◽  
Vol 6 (2) ◽  
pp. 658
Author(s):  
Dina Rahayu Eka Putri ◽  
Sudiarto Sudiarto ◽  
Aris Munandar
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Third Parties ◽  
Third Party ◽  
Legal Research ◽  
Sociological Approaches

In the practice of lending at Bank Mandiri, Bima Branch is found by debtors who do not have objects in the form of land rights that can be guaranteed, but banks as creditors can still channel credit due to the appearance of third parties as guarantors, where these third parties are owners of land rights the land rights as collateral for the debtor's credit. This third party is the provider of mortgages in the APHT, as stipulated in Article 8 paragraph 1 of Law No. 4 of 1996 concerning Mortgage Rights. The problem in this research is, how is the responsibility of the guarantee provider of land rights in the event of a default debtor? And how is the legal protection of the guarantee provider of land rights in the event of a debtor's performance? The purpose of this research is to know and analyze the responsibility of the giver of the guarantee of the upper right in the case of default debtors, and to know and analyze legal protection against the giver of the guarantee of land rights in the event of default debtors. This research has benefits both practically and theoretically. The research used in this study is a type of Empirical Normative legal research, and the approach in this study is the Legislative, Conceptual, and Sociological Approaches. The collaterals of land rights are responsible for surrendering the rights to the land voluntarily to the bank to be executed by the bank in the event of a default debtor. Based on preventive legal protection, the guarantee provider of land rights has been protected under the Underwriting Rights Act, contained in Article 12, Explanation of Article 6, and Article 20 paragraph (2), and based on the Bima Bank Mandiri policy, while based on refresive legal protection guarantee providers do not have legal protection because the Underwriting Law has not yet regulated refresive legal protection.

scholarly journals Legal Protection For Buyers in Selling and Buying of Land Rights (Case Study of Selong State Court Number 55 / Pdt.G / 2018 / PN.Sel Concerning Unlawful Activities)

2021 ◽  
Vol 8 (1) ◽  
pp. 447
Author(s):  
Zaenathul Mardiani ◽  
Djumardin Djumardin ◽  
Any Suryani Hamzah
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
State Court ◽  
Sociology Of Law ◽  
Court Decisions ◽  
Legal Research ◽  
Conceptual Approach ◽  
Illegal Acts ◽  
The Village

This study aims to analyze the basis for judges considerations in adjudicating and deciding cases Number 55 / Pdt.G / 2018 / PN.Sel, analyzing legal protection for buyers in buying and selling land rights. The method used is the empirical normative legal research method, using a conceptual approach, statutory approach, and sociology of law approach. The results of this study, first, show the judge's consideration of illegal acts in cases of court decisions based on Article 1365 of the Civil Code. Based on these considerations, the Panel concluded that the documents of evidence submitted by Defendants I and II were not supported by the statements of witnesses, so that Defendants I and II were unable to prove their arguments. as well as the disputed land controlled by Defendant II is an Unlawful Act, however, on the other hand, the plaintiff is able to prove the arguments of the lawsuit through evidence supported by testimony of witnesses, then the plaintiff's claim is declared granted. Second, The form of legal protection that can be provided to buyers is repressive legal protection, this is needed to provide solutions and certainty as well as clarity on the settlement of existing disputes because basically the law protects the buyer because even though it is only made with a receipt and signed by the Village Head then the agreement has met the requirements stipulated in civil law so that the receipt can become a means of evidence, even though it has the power of proof to the extent that it is not yet perfect.

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 Legal Protection of Flat Buyers Whose Land is Actually Being Secured with Hak Tanggungan

NORMA ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 47
Author(s):  
Karina Shandy
Keyword(s):  
Dispute Settlement ◽  
Legal Protection ◽  
Land Rights ◽  
Dispute Settlement Mechanism ◽  
Legal Research ◽  
The Status ◽  
Compensation Claims ◽  
Settlement Mechanism

The study, entitled legal protection of flat buyers whose land is actually being secured with Hak Tanggungan, first aims to find out and analyze how disputes are resolved for flats buyers who experience law execution of their future apartment units because the land rights are secured. This is normative legal research that will explore the contents of statutory regulations. The results of this research are that several instruments exist as a unit in purchasing an apartment/flats, one of which is PPJB, the status of the buyer is as a buyer, not bezitter, eignar, or non-litigation channels with specific steps prioritize detentor, the dispute settlement mechanism according to the Agreement in the PPJB. Following statutory regulations, however, the buyer can still take the litigation route as a mechanism for settling the dispute, with compensation claims and suit for default based on the existing PPJB.Keywords: PPJB, Flat, Hak Tanggungan

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