scholarly journals Legal Protection To Crediture To The Warranty Of Changed Living Rights Status Become A Disclosure

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Febrian Wardhana
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Supreme Court Decision ◽  
Legal Provisions ◽  
Land Disputes ◽  
The Supreme Court ◽  
The Status ◽  
The Right ◽  
Case Number

This research takes on case study of civil case Number 390K / Pdt / 2016. The purpose of this study is to know and further examine the rationale constructed by the judge in the Supreme Court Decision with the number: 390K / Pdt / 2016, against the cancellation of the Deed of Grant from the parents to their child which made it in the Notary, as well as the implementation of the related judge's decision with the cancellation of the deed of grant and about legal protection against creditors collateral guarantee rights in dispute, when a guarantee which has been encumbered by the mortgage right becomes a dispute due to the transition of the previous rights which has been disputed. The transfer of land right must be in accordance with the correct legal process so that when the land rights are secured to the creditor, the land right will be cleared from disputes in the future. Law enforcers in resolving land rights disputes through litigation or non-litigation are often found that in resolving the dispute it is deemed unfair. As experienced in this case where it is not in accordance with applicable legal provisions. That the cause of the problem of land disputes in this case is the unlawful act that eliminates the status of other siblings and thus loses the right of inheritance due to the transfer of rights with the Grant Deed conducted without the knowledge of other siblings consequential in a dispute.The Land Right in dispute are guaranteed by the creditor where the debtor has defaulted and can not fulfill its obligations so that it will be sold in auction. While the efforts made by the plaintiff are to file a lawsuit to the court for the loss of their rights from the land and obtain their rights on the land of the dispute.

scholarly journals Kedudukan Hukum dan Keabsahan Kepemilikan Hak Atas Tanah Warga Negara Asing yang Berasal Dari Pewarisan

Notaire ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 373
Author(s):  
Muhammad Setya Ady Syarifuddin
Keyword(s):  
Land Rights ◽  
Conceptual Approach ◽  
Inheritance Law ◽  
Study Approach ◽  
Foreign Countries ◽  
The Status ◽  
One Year ◽  
The Right ◽  
Ownership Of Land

There are several factors that can cause problems in the land sector in Indonesia, one of which is inheritance. This study aims to determine: 1) the legal position of the heirs of foreign citizens in the object of inheritance in the form of land rights obtained from inheritance with Indonesian citizenship; and 2) The validity of the control of land rights by foreign countries on objects originating from the inheritance of Indonesian citizens. The research method uses a normative juridical approach to the law (statute approach), conceptual approach (conceptual approach), and case study approach (case study). The results of the study are heirs who have changed their status to foreign citizens can also be proven by their lineage or have blood relations so that if they acquire property in the form of land originating from inheritance while those who control the property are foreign nationals, if possible, do so to discuss the object. through an exchange, grant, or auction within a maximum period of 1 (one) year, the status will automatically switch. If the land has been turned into state land, then the owner is considered to have relinquished his rights but the owner is still given the opportunity by law to be able to apply for the Right to Use the land.Keywords: Inheritance Law; Legality Of Ownership Of Land Rights; Foreign Nationalilty.Terdapat beberapa faktor yang dapat menimbulkan permasalahan di bidang pertanahan di Indonesia, salah satunya adalah pewarisan. Penelitian ini bertujuan untuk mengetahui: 1) Kedudukan hukum ahli waris warga negara asing dalam pewarisan obyek waris berupa hak atas tanah yang diperoleh dari pewarisan berkewarganegaraan Indonesia; dan 2) Keabsahan penguasaan Hak Atas Tanah yang dilakukan oleh warga negara asing atas obyek yang berasal dari Pewarisan berkewarganegaraan Indonesia. Metode penelitian menggunakan yuridis normatif dengan pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach), dan pendekatan studi kasus (case study). Hasil penelitian yaitu ahli waris yang telah berubah status kewarganegaraan menjadi warga negara asing juga dapat menjadi ahli waris yang dibuktikan dengan adanya garis keturunan atau memiliki hubungan darah sehingga jika memperoleh harta berupa tanah yang berasal dari pewarisan sedangkan yang menguasai harta tersebut sudah menjadi warga negara asing maka sebaiknya dilakukan peralihan terhadap obyek tersebut melalui jual beli, tukar menukar, hibah, atau lelang dalam jangka waktu maksimal 1 (satu) tahun karena jika lebih dari jangka waktu tersebut maka status tanah akan beralih secara hukum menjadi tanah negara. Jika tanah tersebut telah beralih menjadi tanah negara maka si pemilik dianggap telah melepaskan haknya tetapi si pemilik masih diberi kesempatan oleh undang-undang untuk dapat mengajukan permohonan Hak Pakai atas tanah.Kata Kunci: Hukum Waris; Keabsahan Kepemilikan Hak Atas Tanah; Warga Negara Asing.

scholarly journals Accountability for Motorized Vehicle Owners Used By Children in Traffic Accidents (Case Study on Supreme Court Decision Number 1029 K / Pid.Sus / 2015)

2020 ◽  
Vol 3 (1) ◽  
pp. 253
Author(s):  
Yanto Risdianto ◽  
Lathifah Hanim
Keyword(s):  
Supreme Court ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Criminal Liability ◽  
Legal Protection ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Primary Data ◽  
The Supreme Court

The formulation of the problem in this study are: 1) parts of criminal liability of the owner of a motorized vehicle whose vehicle was used in a traffic accident Case Study of the Decision of the Supreme Court of the Republic of Indonesia Number 1029 K / Pid.Sus / 2015? And 2) how is the legal protection of children as perpetrators in traffic accidents Case Study of the Supreme Court's Decision No. 1029 K / Pid.Sus / 2015?The method used by researchers is juridical sociological legal approach and the specifications in this study are descriptive analytical. The sources and types of data in this study are primary data obtained from interview field studies. And secondary data obtained from literature studies relating to the theory of criminal liability and legal protection.Based on the results of that study The criminal liability of the owner of a motorized vehicle whose vehicle is used in a traffic accident by a child is not held accountable even if only as an inclusion, the child who commits a traffic violation or a traffic crime is the sole offender, even if the motorized vehicle used by permission of an adult, both his parents or other vehicle owners. The legal protection of children as perpetrators in traffic accidents has not been fulfilled as in the Supreme Court Decree No. 1029 K / Pid.Sus / 2015, the vehicle owner who surrendered his vehicle (car) was only made a witness in a traffic accident that resulted in a victim died, and the child became the sole culprit.Keywords: Liability; Criminal; Motorized Vehicles; Children.

The Israeli Unfinished Constitutional Revolution: Has the Time Come for Protecting Economic and Social Rights?

2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Hard Core ◽  
Social Rights ◽  
Cultural Rights ◽  
Basic Law ◽  
The Supreme Court ◽  
The Status ◽  
Interpretive Strategies ◽  
The Right

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

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 Selling Authorization Legal Agreement Status Will Be Weighed Against Collateral Mortgage (Case Study PT. Bank Tabungan Negara (Persero) Tbk.)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 823
Author(s):  
Rian Dwi Anggoro ◽  
Umar Ma'ruf
Keyword(s):  
Home Ownership ◽  
Legal Protection ◽  
Mortgage Loan ◽  
Power Of Attorney ◽  
Loan Repayment ◽  
Survey Results ◽  
Legal Position ◽  
Branch Office ◽  
The Right

This study aims to determine why the binding of collateral in the process of granting subsidized housing loans in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is not binding perfectly implemented using the security rights, the legal position of the agreement of power sold to the collateral to be encumbered encumbrance in the process of providing subsidized credit facilities, and a form of legal protection for authorizing the use of certificate authority to sell. This study uses empirical juridical approach or Socio Legal Research. Data collected through literature, observation and interviews. The survey results revealed that the cause of non-performance perfect binding manner using the right mortgage loan process dala subsidized home ownership in PT. Bank Tabungan Negara (Persero) Tbk. Pekalongan branch office is due to the type of housing loan subsidies are certain types of loans are regulated in the legislation which the binding process is limited to a power of attorney install security rights. On the basis of these reasons the bank asked the Notary / PPAT can issue certificates aimed at selling power if the debtor defaults, the creditor as the bank can make the sale to get the loan repayment. However, if the power of attorney install security rights has been upgraded to the Agreement of Encumbrances Encumbrance and has been registered to receive the certificate Encumbrance the collateral execution process should be subject to the laws Mortgage. Making the notarized agreement of power selling is a form of legal protection for the debtor as the authorizer.Keywords: Authorization Agreement Sell; Collateral Will Be Charged Mortgage; Credit Homeownership Subsidies.

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