scholarly journals Juridical Deed Review Of The Cooperation Agreement To Build Handover (Build Operate And Transfer) Bot Between Government And Private Sector

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 469
Author(s):  
Desi Wulan Anggraini ◽  
Anis Mashdurohatun
Keyword(s):  
Private Sector ◽  
Judicial Review ◽  
Secondary Data ◽  
Civil Code ◽  
Primary Data ◽  
Legal Regulations ◽  
Cooperation Agreement ◽  
Legal Consequences ◽  
Tertiary Study ◽  
Made In

The purpose of this study was to: 1) To determine and analyze the Agreement in order to handover a build (Build Operate And Transfer) BOT between government with Private Sector. 2) To determine and analyze the Regulation No. 19 of 2016 there are no relevant provisions of the cooperation agreement made in the form of a notarial deed but in implementing cooperation agreements and there are other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) Deed in the agreement to transfer (Build Operate And Transfer / BOT) before the formation of Regulation No. 19 of 2016, has complied with the requirements valid agreement of Article 1320 of the Civil Code sehigga positions of the legislation. Notary deed in agreement wake up in order to transfer (Build Operate and Transfer) BOT after the entry into force of Regulation No. 19, 2016 a requirement valid agreement beyond the provisions of the Civil Code, and if it is not done then there will never been considered although qualify valid agreement of Article 1320 of the Civil Code. The legal consequences deed of cancellation of the parties shall make a certificate into a build to transfer (Build Operate Transfer / BOT) lose their authenticity, the cancellation of the agreement unilaterally because defaults are not eligible void Article 1266 of the Civil Code, can be regarded as an act against the law because it is not based on good faith and such cancellation shall be requested to the trial judge.Keywords: Judicial Review; Government Cooperation Agreement; Build Operate and Transfer And Deed.

scholarly journals Juridical Review On The Instructions Of Governor Of Yogyakarta No. K/898/I/1975 On Uniformity Policy Of Land To The Granting Of A Non-Native Citizen

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 435
Author(s):  
Frans Ferbianto ◽  
Umar Ma'ruf
Keyword(s):  
Data Analysis ◽  
Judicial Review ◽  
Analytical Method ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Legal Regulations ◽  
Soil Status ◽  
The Right ◽  
Tertiary Study

The purpose of this study was to: 1) To determine and analyze the implementation of The Instruction of DIY No. K/898/I/1975 which makes it difficult to obtain a non-native citizen property rights of land in Yogyakarta. 2) To determine and analyze the correlation instructions for DIY Regional Head No. K/898/I/1975 with other legal regulations. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method. Based on the results of data analysis concluded that: 1) The provision granting land rights to a citizen Non-Natives in the province based instructions for DIY Regional Head No. K/898/I/A/1975 are not allowed to own land both farm and nonagricultural land with soil status Rights Owned. If a citizen Non Natives acquire land with the right then obliged to waive that right and land rights apply to the Regional Head of DIY with a given the building right (HGB). 2) The provision granting land rights to a Non-Native citizen in the province based instructions for DIY Regional Head No. K/898/I/1975.Keywords: Judicial Review; Non-Native Citizen; Rights of Land

scholarly journals Analysis of Judicial Application of Criminal Penalty Against Notary / Land Deed Officials Conducting Making Crime of the Fake Authentic Deed in State Court of Semarang

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 183
Author(s):  
Mohammad Barkah Arrohim ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
State Court ◽  
Prison Sentence ◽  
Criminal Defendant ◽  
Criminal Penalty ◽  
Valid Evidence ◽  
Legal Consequences ◽  
Tertiary Study

The purpose of this study was to: 1) analyze the application of criminal penalty against Notary / PPAT in the crime of counterfeiting deed on the Case In State Court of Semarang. 2) Analyze the legal consequences of the Notary / PPAT penalized following criminal of fake deed as object case in court on a lawsuit in State Court of Semarang. The approach in this research is normative juridical that while the data used in this research primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: 1) The application of criminal law to the Notary / PPAT in the crime of falsification of the authentic deed in case Criminal judges are viewed from the indictment, formally defendant has fulfilled the elements formulation in forgery and materially to hear and see information from the defendant, the witnesses and the evidence presented in the trial and have sufficient minimum of two (2) valid evidence, the defendant was found guilty and convincingly to have committed the crime of falsification of the authentic Article 264 of the criminal Code in conjunction with Article 55 (1) e of the criminal Code that is alleged to defendant ,2) The legal consequences of the Notary / PPAT sanctioned criminal in the crime of counterfeiting authentic deed along with the deed that made the object of a case in court on the case Criminal defendant Notary / PPAT sentenced to prison with a prison sentence and All certificates issued by the defendant Notary / PPAT canceled in favor law.Keywords: Criminal Penalty; Notary / PPAT; Authentic Deed.

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 The Implementation of Legal Responsibilities Of Notary on Authentic Deed Which His Made Based On Act No. 2 of 2014 On the Amendment of Act No. 30 of 2004 On Notary in Kendari

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 271
Author(s):  
Zahren Zukri Alyafie ◽  
Amin Purnawan
Keyword(s):  
Secondary Data ◽  
Civil Liability ◽  
Civil Code ◽  
Primary Data ◽  
Civil Responsibility ◽  
Analysis Technique ◽  
Legal Responsibilities ◽  
Notary Public ◽  
Made In ◽  
Literature Data Analysis

This study aims 1) To determine the implementation of the Civil Liability of the Deed Notary in Authentic are made according to Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 On Notary in Kendari; 2) To determine the barriers and solutions in the Implementation Responsibility Against Notary Authentic Deed had made in Kendari.This study uses empirical juridical approach, the specification of this research is descriptive. The type of data in this study include primary data and secondary data. Data obtainedthe method of interview and literature. Data analysis technique is qualitative.Based on this study concluded that: 1)Implementation of the Notary in Civil Responsibility of the Authentic Deed Which His Made, notary only responsible for the formal correctness of an Authentic Deed and not to the authentic deed material. The legal basis used in civil liability against the deed made by Notary Public Notary is if make mistakes because of broken promises as determined under the provisions of Article 1234 of the Civil Code and against the law as stipulated in the provisions of Article 1365 of the Civil Code. 2) Obstacles and Solutions in Implementation of Notary Responsibility of the Authentic Deed Which His Made, namely: a) Obstacles in the Implementation Responsibility The Notary of the Authentic Deed he made, when one of the parties then feel there are disadvantaged in this regard is the responsibility of the parties is not the responsibility of the notary. Precisely deed made by the notary is evidence that can be used by the parties. b) Solutions in the Implementation of Notary Responsibility of the Authentic Deed Which His Made If proved, no offense will be undertaken by the notary and harm either party in because a deed in him. The civil claims against the notary concerned civilly liable if proven.Keywords: Legal Responsibilities; Notary Public; Authentic Deed.

scholarly journals Akibat Hukum Perbuatan Wanprestasi Dalam Perjanjian Hutang-Piutang

2020 ◽  
Vol 3 (1) ◽  
pp. 48-68
Author(s):  
I Wayan Bandem ◽  
Wayan Wisadnya ◽  
Timoteus Mordan
Keyword(s):  
Secondary Data ◽  
Field Studies ◽  
Civil Code ◽  
Primary Data ◽  
Civil Case ◽  
Legal Relationship ◽  
Accounts Payable ◽  
Study Case ◽  
Legal Consequences

Accounts payable is a practice of lending and borrowing generally in the formof money as the object of the loan that is done by someone with another person made inan agreement. The agreement itself has been regulated in the provisions of the Civil Code(Civil Code). In civil law the agreement has been regulated regarding the rights andobligations of the parties making the agreement. The party that gives the loan is calledthe creditor while the party that receives the loan is called the debtor. Creditors areentitled to fulfillment of achievements while debtors must carry out their achievements.However, in reality the legal relationship between creditors and debtors, especiallyregarding agreements, is often problematic so that defaults arise. Default is a negligentevent where a person does not carry out his performance or does not fulfill his obligationsaccordingly, thus causing harm to one party. This research is entitled "Legal Effects ofDefaults in the Debt Agreement (Civil Case Study Case No.638 / Pdt.G / 2017 / PN Dps).This study aims to find out how the legal consequences if defaulting and how judgesconsider in deciding default cases (Civil Case Study Case No.638 / Pdt.G / 2017 / PNDps). This research method uses a normative juridical method that is descriptive innature. Data sources consist of primary data, namely interviews and secondary data,namely primary, secondary and tertiary legal data. Methods of collecting data throughliterature studies and field studies (interviews), then the data is analyzed qualitatively.The results of the study concluded that the legal terms of the agreement were inaccordance with article 1320 of the Civil Code (KUHPerdata), namely the existence ofagreements, skills, objects or certain things, legal causes or causes as well as the article1338 Civil Code (KUHPerdata). Judges 'consideration in terminating the disputesbetween the creditors' debt agreement with the debtor in accordance with case No.638 /Pdt.G / 2017 / PN Dps is correct, namely by looking at the evidence both written evidenceand evidence from the parties. Based on the evidence attached to the trial the judgedecided to grant the plaintiff's claim and stated that the defendant was found guilty or indefault.

scholarly journals Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 251
Author(s):  
Mochamad Rizqi Sismanto ◽  
Aryani Witasari
Keyword(s):  
Standard Procedure ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Effect ◽  
Standard Operating ◽  
Operational Management ◽  
Title Deed ◽  
Qualitative Descriptive ◽  
Legal Consequences ◽  
Tertiary Study

The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah  is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.

scholarly journals The Utilization of Lands Asset as Regional Property in Construction of Sentra Pasar Raya Through Build Operate and Transfer System in Padang City

2020 ◽  
Vol 7 (6) ◽  
pp. 628
Author(s):  
Loura Sariyosa ◽  
Elwi Dhanil ◽  
Kurnia Warman
Keyword(s):  
Private Sector ◽  
Secondary Data ◽  
Economic Benefits ◽  
Running Economy ◽  
Primary Data ◽  
Regional Government ◽  
Cooperation Agreement ◽  
User Charges ◽  
Building Management ◽  
Code Book

In smoothness of development, it needs several important aspects, one of it is in terms of capital. This becomes very important to note given the limited funds owned by the region in running economy and physical development of the region. As solution of this problem, it is necessary to have encouragement from the private sector that can be done through investment cooperation. Agreement of Build Operate Transfer (BOT) was chosen as a solution to the shortcomings of the Regional Government. One example of an agreement made is the agreement between Padang Government and PT. Cahaya Sumbar Raya in the construction of the Sentra Pasar Raya (SPR) in Padang. There are many things that need to be considered in carrying out this cooperation considering that there are many obstacles faced in other regions that are cooperating with samen issues. Therefore it is necessary to look at the effectiveness of cooperation chosen. Based on background above, the writer is interested to explore this furture cooperation. This paper discussed about the position of Padang Government on the land and building assets of Sentra Pasar Raya which was built by Build Operate Transfer during the period of use by the developer. This research using empirical juridical approach. In empirical juridical method, the results of the study constitute basic data in (scientific) research classified as primary data and also supported by secondary data, in this case legislation relating to financing cooperation agreements that form the basis of cooperation for Building Used. Based on research the implementation of investment cooperation between Padang Government with PT. Cahaya Sumbar Raya as a mutual agreement and mutual benefit. Cooperation contained in a cooperation contract that are containing the rights and obligations of the parties. Referring to the provisions of the Civil Code Book III concerning commitments. Padang Government performs an obligation by providing facilities in the form of land and land clearing. While PT. Cahaya Sumbar Raya performs its obligations in the form of building construction and used for 25 years (Operate). After the period ends building and management will be handed over to Padang Government. During the utilization period, private sector can take economic benefits from building management. The rights of  Padang Government are from taxes and user charges, the utilization of some parts of building and obtaining the building and its management after the agreement ends. In general, the process of implementing agreement went smoothly, but could not be separated from the obstacles in its implementation.

Acquisition Cost of Land and Building Rights Based on Buying and Selling

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 1-17
Author(s):  
Singgih Permana Adhi
Keyword(s):  
Law Enforcement ◽  
Acquisition Cost ◽  
Secondary Data ◽  
Primary Data ◽  
Research Procedure ◽  
Approach Method ◽  
Transaction Price ◽  
Legal Consequences

The collection of regional taxes and levies must be based on Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, and for the Banyumas Regency area, it has been regulated in Regional Regulation Number 1 of 2011 concerning Regional Taxes in conjunction with Regional Regulation Number 22 of 2016 concerning Amendments to the Second Regulation Region Number 1 the Year 2011 concerning Regional Taxes. One type of tax that is under the authority of the regions is the Fees for Acquisition of Rights on Land and Buildings, hereinafter referred to as BPHTB. The approach method used in thisresearch is the normative juridical approach method. The data used are secondary data and primary data as a complement to secondary data. The results and discussion are the application of BPHTB based on the  sale and purchase of the implementation including the process of filling in the SSPD BPHTB, determining tax objects, tax taxes, calculating taxes, research or validation, and payment. BPHTB is based on the sale and purchase of applications based on the PDRD Law and Regional Tax Regulations, the basis for calculating the BPHTB is the transaction price, therefore based on the Regent Regulation, the RegionalFinance Agency carries out a research procedure (validation) of BPHTB based on buying and selling with the truth of the transaction price value used to calculate BPHTB. PPAT which regulates the deed of transfer of rights, without ta  supervision has been paid and validated giving legal consequences for PPAT in the form of sanctions in the form of fines for each award. Law enforcement of sanctions on administrative fines against PPAT and the procedures for its implementation are not regulated and have not been further regulated in the PDRD Law, Regional Tax Regional Regulations, or in implementing regulations.Keywords: Regional Taxes; Fees for Acquisition of Rights on Land and / or Buildings; Legal Consequencesof Land Deed Making Officials.

Implementasi Buy Back Guarantee Dalam Perjanjian Kerjasama Antara Bank Dengan Supplier Terkait Penyaluran Pembiayaan Mesin (Studi Pada PT. BPRS XXX Bekasi)

2021 ◽  
Vol 11 (2) ◽  
pp. 55-61
Author(s):  
Adham -
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Action ◽  
N Addition ◽  
Literature Study ◽  
Cooperation Agreement ◽  
Research Results ◽  
Legal Remedies ◽  
Buy Back

The buy back guarantee agreement in the cooperation agreement aims to protect the bank frombusiness risks in the distribution of machine ownership financing. Buy back guarantee is defined asthe ability of the supplier as a guarantor against the bank, to "buy back" the machine object afterthe debtor is declared in default to the bank. Based on the description, the writer tries to examine theimplementation of the buy back guarantee agreement related to the distribution of machine financing,and legal remedies for the bank applying the contents of the buy back guarantee if there is default onthe debtor. The research method used in this research is normative juridical with analytical descriptivespecifications.The research was carried out through literature study, then looked at the relationshipbetween one law and another and carried out an analysis related to the application of its practice.After getting a description of the research results, the writer analyzes and draws conclusions fromthe research results obtained. Primary data collection is also carried out to support secondary data,which is obtained by documentation and bank interviews related to the machine ownership agreement.The results of the study concluded that the implementation of the buy back guarantee was carriedout in several stages, namely the stage of the debtor's statement of default, the negotiation stage,and the stage of the agreement, the application of the buy back guarantee. Apart from that, the buyback guarantee that applies to PT. BPRS XXX Bekasi, there are two types of definitions: "buy backguarantee" and "help resell" by the supplier. Legal action has never been taken by the bank whenthere is default from the debtor. The bank is more concerned about the good ethics of the supplier tobuy / help sell the machine goods. The suggestions that the writer can give include, banks must applyprudential banking principles more selectively, suppliers do not only pursue sales targets but payattention to the side of the bank so that cooperation remains well established. n addition, research isneeded regarding the perspectives of the bank, supplier and debtor in addressing the problems thatexist in buy back guarantee in more depth and breadth.

scholarly journals Analysis Of Nullification And Cancellation Of Notary Deed In The Perspective Of Act No. 2 Of 2014 On Notary

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 309
Author(s):  
Devi Nindy Lestari ◽  
Lathifah Hanim
Keyword(s):  
Data Analysis ◽  
Secondary Data ◽  
Primary Data ◽  
Strength Of Evidence ◽  
Legal Implications ◽  
The Law ◽  
Tertiary Study

The purpose of this study was to: 1) to assess and analyze the implementation of nullification and cancellation Deed in the perspective of Act No. 2 of 2014 concerning Notary, 2) to assess the implications of the law, and 3) to identify and analyze the barriers and solutions regarding nullification and cancellation of the Deed. The data used in this study are primary data, secondary data, and data that can uphold tertiary study, which was then analyzed by descriptive analytic method.Based on the results of data analysis can be concluded that: 1) notarial deed nullification and cancellation can occur for non-fulfillment of objective conditions; terpenuhiya not subjective terms of a contract, and can be canceled by the parties themselves. 2) The legal implications as a result of nullification and cancellation Deed is a notarial deed which can be canceled by the parties themselves, the notarial deed null and void, the notarial deed only has the strength of evidence deed under hand. 3) Obstacles and solutions that not all Notaries know and understand the terms of authenticity, validity and causes nullification and cancellation of a notarial deed. Notaries who do not understand the need to study the causes nullification and cancellation deed refers mainly to provisions UUJN and the Civil Code.Keywords: Deed; Nullification and Cancellation.

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