RESPONSIBILITIES OF DEED LAND BUILDERS OFFICERS (PPAT) BUY SELL IN MAKING DEED LAND DISPUTE (Analysis of Supreme Court Decision No. 826 K / Pdt / 2018)

The purpose of this study was to analyze 1) Liability Land Deed Official (PPAT) in the manufacture of the deed of sale of land. 2) .Menganalisis the validity of the deed of sale made by PPAT.3). Analyzing the legal consequences Supreme Court Decision No. 826 K / Pdt / 2018 against the Land Deed Official (PPAT) who manufacture a deed of sale of land disputes.The approach method in this research is the empirical jurisdiction. Specifications of this research is descriptive analysis. The source of the data used is primary and secondary data. The primary source is the Supreme Court decision number 826K / Pdt / 2018, while secondary data sources are taken from books and other related iteratorr, obtained through interviews and literature, while data analysis is a descriptive analytic. The method of data collection is the engineering library (library research).Results of the research results can be concluded: 1) Obligation PPAT is a deed as evidence has implemented a legal act of buying and selling, and registered under the name of the office to Pertanahan.2) Validity of PPAT Deed governed and determined by the current Minister of National Land Agency, it is affirmed in Article 21 paragraph (1) of Government Regulation No. 37 of 1998 which states that the PPAT deed made in the prescribed form of the National Land Agency. 3). The legal consequences Supreme Court Decision No. 826 K / Pdt / 2018 is the Deed of Sale and Purchase of Land Disputes number 186/2015 and certificate of land with 1394 numbers became invalid / void and not legally binding and PPAT and Land Agency may be penalized for committed an unlawful act.Keywords : offense, purchase agreement, land deed official

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PEMBERIAN WASIAT WAJIBAH TERHADAP AHLI WARIS BEDA AGAMA (Kajian Perbandingan Hukum Antara Hukum Islam dan Putusan Mahkamah Agung Nomor 368.K/AG/1995)

10.31219/osf.io/9f5cj ◽

2017 ◽

Author(s):

Muhammad Rinaldi Arif

Keyword(s):

Supreme Court ◽

Islamic Law ◽

Descriptive Analysis ◽

Secondary Data ◽

Supreme Court Decision ◽

Adoptive Parents ◽

Court Decision ◽

Adopted Children ◽

The Supreme Court ◽

The Republic

According to Islamic law, one of the obstacles to get inheritance is the religious difference between joint heirs and testator. The condition for the joint heirs of different religions felt unfair, so the problem is then brought to the realm of law. The Supreme Court Decision Number 368.K/AG/1995 provides a way for the joint heirs of different religions to obtain the inheritance through a wasiat wajibah. This study is a descriptive analysis that leads to normative legal research, with a research of legal approach. Data collection is obtained from secondary data by library study. The data obtained is then analyzed using qualitative analysis. Based on the results of the research according to the Supreme Court Decision Number 368.K/AG/1995, the concept of wills is not only for adopted children or adoptive parents, but also for non-Muslim heirs by giving Part or portion of the heirs of different religions based on the heirs of different religions based when he/she is Muslim. Analysis of the Decision of the Supreme Court of the Republic of Indonesia Number 368.K/AG/1995, about the provision of wasiat wajibah to the heirs of different religions is that the provision of wasiat wajibah to the heirs of non-Muslims actually is not in accordance with the rules of Islamic law.

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Jurisdiction Analysis of The Distribution of Integrity Children Out of Marriage as Substitute Heritages (Study of The Supreme Court Decision Number: 784 K/Pdt/2014)

Jurnal Independent ◽

10.30736/ji.v9i01.136 ◽

2021 ◽

Vol 9 (01) ◽

pp. 25

Author(s):

Gagah Hotma Parulian Siregar ◽

Widhi Handoko

Keyword(s):

Supreme Court ◽

Secondary Data ◽

Supreme Court Decision ◽

Study Data ◽

Civil Code ◽

Court Decision ◽

Inheritance Law ◽

Main Research ◽

The Supreme Court ◽

Research Problems

Many problems regarding inheritance law occur due to distribution that is not in accordance with applicable regulations. In the Supreme Court Decision Number 784 K/Pdt/2014, the main research problems are: (1) How is the distribution of the inheritance of children out of wedlock as replacement heirs based on the Civil Code study of the Supreme Court's decision number: 784 K/Pdt/2014 . (2) Is the content of the Supreme Court's order Number: 784/Pdt/2014 concerning the distribution of the inheritance of children out of wedlock as replacement heirs appropriate or not according to the Civil Code. This type of research is normative juridical. The data used are secondary data, library study data collection and qualitative data analysis and deductive method conclusions. The conclusion of this decision study states that (1) the heirs to the inheritance of the Supreme Court decision study number: 784 K/Pdt/2014 are Dewina Tjandra, Trisnani Tjandra, Patty Tjandra, Sarina Tjandra, Arifin Tjandra, Ony Tjandra, and Fitri Tjandra . (2) The Supreme Court's decision Number 784 K/Pdt/2014 regarding the distribution of the inheritance of children out of wedlock as substitute heirs is not in accordance with Article 842 of the Civil Code.

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PENERAPAN WASIAT WAJIBAH TERHADAP NON MUSLIM DITINJAU DARI KOMPILASI HUKUM ISLAM (KHI) STUDI KASUS PUTUSAN MAHKAMAH AGUNG NO. 331/K/AG/2018/MA

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6533 ◽

2019 ◽

Vol 2 (2) ◽

pp. 267

Author(s):

Liana Noviyanti ◽

Mulati Mulati

Keyword(s):

Qualitative Research ◽

Supreme Court ◽

Islamic Law ◽

Supreme Court Decision ◽

Court Decision ◽

Court Ruling ◽

Legal Research ◽

Supreme Court Ruling ◽

Library Research ◽

The Supreme Court

Islamic law has stated that every person of different religion cannot inherit each other, both Muslims inherit for non-Muslims and from non-Muslims inherit for Muslims, but in practice, Judges at the Supreme Court level implement mandatory wills, this is required which has been decided in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This study aims to examine how to implement the mandatory non-Muslim wills in the Supreme Court ruling Number. 331 / K / AG / 2018 / MA based on the provisions of the Compilation of Islamic Law (KHI), and what the Supreme Court Judges consider in implementing mandatory testaments against non-Muslims in the Supreme Court Decision Number. 331 / K / AG / 2018 / MA. This research is a normative legal research with the nature of qualitative research with the type of library research. Based on the studies that have been carried out, the Decision of the Supreme Court Number. 331 / K / AG / 2018 / MA does not include legal considerations in force in Indonesia concerning inheritance provisions and concerning the granting of an approved mandatory will set out in the Compilation of Islamic Law (KHI). The application of mandatory wills in the Supreme Court Decision is contrary to the provisions of Islamic Law and the provisions of the Compilation of Islamic Law (KHI). Article 209 paragraphs (1) and (2) concerning mandatory wills.

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Analisis Putusan Mahkamah Agung Nomor 50 P/HUM/2018 tentang Pembatalan Permenkumham Nomor 25 Tahun 2017

Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan ◽

10.17977/um019v5i1p139-147 ◽

2020 ◽

Vol 5 (1) ◽

pp. 139

Author(s):

Deno Ukida Narasoma ◽

Iwan Permadi ◽

Diah Aju Wisnu Wardhani

Keyword(s):

Human Rights ◽

Supreme Court ◽

Supreme Court Decision ◽

Court Decision ◽

Historical Approach ◽

The Supreme Court ◽

Two Factors ◽

Legal Consequences

This study aimed to analyze the reasons the Supreme Court issued a Supreme Court Decision Number 50 P/HUM/2018 which decided the cancellation of the Minister of Law and Human Rights Regulation Number 25 of 2017 and analyze the legal consequences of the decision on new notary candidates. This study used normative juridical with a statutory approach and historical approach. The reasons the Supreme Court issued Supreme Court Decision Number 50 P/HUM/2018 were influenced by two factors, i.e., juridical and non-juridical factors. The legal consequences of the Supreme Court Decision Number 50 P/HUM/2018 for new notary candidates was the disappearance of the notary candidate’s obligation to take the notary appointment exam and the emergence of problems related to the clarity of the qualifications that should be completed to register as a notary because the ruling resulted in a legal vacuum related to the terms of the conditions in the appointment of a public notary.

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Analisis Yuridis terhadap Kasus Gugatan Perbuatan Melawan Hukum atas Ketidakabsahan Peralihan Hak Milik Benda Bergerak (Studi Kasus Putusan Mahkamah Agung Nomor 1081/K/PDT/2018)

Kosmik Hukum ◽

10.30595/kosmikhukum.v20i1.6433 ◽

2020 ◽

Vol 20 (1) ◽

pp. 21

Author(s):

Fathalya Laksana

Keyword(s):

Supreme Court ◽

Research Method ◽

Secondary Data ◽

Supreme Court Decision ◽

Civil Code ◽

Court Decision ◽

Analysis Method ◽

The Supreme Court ◽

Analytical Research ◽

The Law

The legal requirements are regulated in Article 1320 of the Civil Code (KUHPerdata). If the valid conditions of the promise are not fulfilled, then the law that results is that the agreement can be canceled or null and void. In the Court's practice contained in the Supreme Decision Number 1081K / PDT / 2018, there was a sale and purchase agreement between the Plaintiff's husband and the Defendant, the sale and purchase agreement was made by the Plaintiff's partner without the consent of the Plaintiff as his legal wife. Supreme Court Decision No. 1081K / PDT / 2018 stated that the sale and purchase agreement was invalid and null and void. Apart from that, in its decision, the Defendant's UN Supreme Court had committed an illegal act. The research method used is a normative juridical approach using secondary data obtained from literature studies, namely statutory regulations, legal theories, and the opinions of leading legal scholars. This research uses descriptive analytical research specifications that describe the regulations that are in accordance with legal theories that oversee the implementation practices of the problems under study. The data analysis method used is qualitative normative method. Based on the research results, it can be denied that the sale and purchase agreement in the Supreme Court Decision Number 1081K / PDT / 2018 is not legally valid. The agreement does not fulfill the validity requirements of the agreement in Article 1320 of the Civil Code, namely halal skills and causes because it violates Article 36 paragraph (2) of the Marriage Law No. 1 of 1974 resulting in the sale and purchase agreement to be null and void.Keywords: Buying and Selling, Acts against the Law, Agreement, Marriage, Collective Property

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The Responsibility of the Curator for Settlement of Bankruptcy Boedel if Enforced by Criminal Confiscation

International Journal of Social Science and Human Research ◽

10.47191/ijsshr/v4-i7-06 ◽

2021 ◽

Vol 04 (07) ◽

Author(s):

Ayu Rizky Saputri ◽

Keyword(s):

Research Methods ◽

Secondary Data ◽

Research Results ◽

Library Research ◽

Legal Consequences

General confiscation applies at the time the bankruptcy decision is passed, this matter also causes the entire confiscation of the assets of the bankrupt debtor to be written off. However, in practice in Indonesia there are still various kinds of seizures that can still be imposed on debtor's assets other than general confiscation, such as civil confiscation, criminal confiscation, or tax confiscation. The problem is how to regulate and implement the bankruptcy seizure in” Law No. 37 of 2004 concerning Bankruptcy and PKPU” and what is the responsibility of the curator in resolving the bankruptcy boedel when charged with criminal seizure. This research aims to examine these problems using normative juridical research methods. The data used is secondary data obtained through library research. Based on the research results, it is known that the position of general confiscation is greater than that of other confiscations. Then, the authority and responsibility of the curator in criminal confiscation of bankruptcy assets can still be exercised, even though the verdict is filed for cassation and review. Due to the legal consequences of the bankruptcy bill which was confiscated by the investigator, until the criminal confiscation took precedence after that after the end of the verification, the bankruptcy bill was returned to the curator.

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AKIBAT HUKUM DIKELUARKANNYA IZIN LINGKUNGAN BARU MELALUI SURAT KEPUTUSAN GUBERNUR JAWA TENGAH NOMOR 660.130 TAHUN 2016 PASCA DIBATALKANNYA IZIN LINGKUNGAN NOMOR 660.117 TAHUN 2012

Jurnal Panorama Hukum ◽

10.21067/jph.v3i2.2542 ◽

2018 ◽

Vol 3 (2) ◽

pp. 141-154

Author(s):

Siti Ruhama Mardhatillah

Keyword(s):

Supreme Court ◽

Key Words ◽

Supreme Court Decision ◽

Problem Formulation ◽

Court Decision ◽

Central Java ◽

The Supreme Court ◽

Legal Consequences

Abstract Since the publishment of environment permit through Governor of Central Java Decision Number 660.1/30 of Year 2016 has caused any juridical problem because this environment permit replaces of the previous permit, that is Governor of Central Java Decision Number 660.1/17 of Year 2012 which has been canceled by the earlier Supreme Court Decision Number 99/PK/TUN/2016. The problem formulation of this research is how the legal consequences through the publishment of the last environment permit after cancellation the previous environment permit by the Supreme Court. This research is juridical-normative research with using conceptual and statute approach. The result of the research is the legal consequnces through the publishment of last environment permit is that permit can be cancelled (vernietigbaar), so that all the consequences during the enactment of that permit are legitimate until the revocation by Governor of Central Java Decision Number 660.1/4 of Year 2017. Key words: Legal consequences, Environment Permit Number 660.1/17 of Year 2012, Environment Permit Number 660.1/30 of Year 2016.

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Property toward Husband Doesn't Provide Children and Wife in the Overview of the Compilation of Islamic Law

Randwick International of Social Science Journal ◽

10.47175/rissj.v2i3.263 ◽

2021 ◽

Vol 2 (3) ◽

pp. 225-235

Author(s):

Suenta Karina Siregar ◽

Utary Maharani Barus ◽

Yezrizawati ◽

Idha Aprilyana Sembiring

Keyword(s):

Islamic Law ◽

Descriptive Analysis ◽

Field Research ◽

Secondary Data ◽

Supreme Court Decision ◽

Applicable Law ◽

Library Research ◽

The Republic ◽

The One ◽

Joint Property

The study was conducted to find out Compilation of Islamic Law governing the distribution of joint property, the application of the principle of partnership and the legal considerations of judges in the Supreme Court Decision of the Republic of Indonesia on Case Number 266K/AG/2010 in terms of the Compilation of Islamic Law against husband doesn’t provide for his children and his wife. This research uses normative juridical research methods that use secondary data consisting of primary, secondary, and tertiary legal materials with descriptive analysis and data collection tools are carried out by library research supported by data obtained through field research at Bantul Religious Courts. The results of this research is known that the regulation regarding the distribution of joint property to husbands who do not provide for their children and wives is not detailed in the Compilation of Islamic Law. This partnership causes the position of husband and wife to be the same in some respects, in other respects to be different, the husband becomes the head of the family, the wife becomes the head in charge of household regulation, each has a role, position, rights, obligations, and responsibilities, all of which complement and perfect each other, every role has rights and every position has obligations, whoever has more obligations or who bears greater obligations, he is the one who has more rights than the others. The judge to resolve the conflict must be able to resolve it objectively based on the applicable law, determine the facts in the trial including the relevant facts and the choice of which legal rules will be used as the basis for resolving the case.

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LARANGAN PRAKTIK MONOPOLI DAN PERSAINGAN USAHA TIDAK SEHAT DALAM INDUSTRI SEPEDA MOTOR (KAJIAN PUTUSAN MAHKAMAH AGUNG NOMOR 217 K/PDT.SUS-KPPU/2019)

Dialogia Iuridica Jurnal Hukum Bisnis dan Investasi ◽

10.28932/di.v12i2.3121 ◽

2021 ◽

Vol 12 (2) ◽

pp. 50-68

Author(s):

Hartanto Hartanto ◽

Gilang Yudha Wirawan

Keyword(s):

Supreme Court ◽

Indirect Evidence ◽

Supreme Court Decision ◽

Circumstantial Evidence ◽

Court Decision ◽

The Supreme Court ◽

Motorcycle Industry ◽

The Impact ◽

Trial Evidence ◽

Legal Consequences

Business competition is an economic activity that runs in line with technological and industrial advances. With the existence of business competition, the Business Competition Supervisory Commission in Indonesia was formed which aims to supervise and protect business competition. This research will discuss the impact and legal consequences of the KPPU decision to the Supreme Court decision which still considers and uses circumstantial evidence and testimony based on hearing from other people. Based on the description above, the writer chooses the research title "Judicial Review of the Prohibition of Monopolistic Practices and Unfair Business Competition in the Motorcycle Industry (Review of Supreme Court Decision No. 217 K / Pdt.Sus-KPPU / 2019) with the formulation of the problem of legal impact from the Assembly's decision. The Cassation Judge proven not to consider and examine the objections / demands of the Cassation Appellant as well as whether the legal consequences of the verdict of the Cassation Panel of Judges use testimony from other people (testimonium de auditu) and indirect evidence (circumstantial evidence / indirect evidence) as a means trial evidence. So the authors want to examine this and use normative research methods that use interviews as supporting data. Keywords: Monopoly, Business Competition, Indirect Evidence

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Kajian Yuridis Putusan Mahkamah Agung dalam Penyelesaian Sengketa Pada Perusahaan Leasing Dengan Badan Penyelesaian Sengketa Konsumen

Jurnal Panorama Hukum ◽

10.21067/jph.v6i1.5093 ◽

2021 ◽

Vol 6 (1) ◽

pp. 1-10

Author(s):

Agustine Azizah

Keyword(s):

Supreme Court ◽

Secondary Data ◽

Supreme Court Decision ◽

Study Data ◽

Court Decision ◽

District Court ◽

Literature Study ◽

Court Judge ◽

The Supreme Court ◽

Finance Company

The purpose of this study for reviewed the dispute resolution between the finance company and the consumer decided by BPSK in the case of Supreme Court Decision Number 210 K/Pdt.Sus-BPSK/2015 and examine the consideration of the Supreme Court Judge stating that BPSK is not authorized to decide case in between consumer financing companies.This research is normative descriptive who use secondary data and collecting data use literature study. Data analysis use interactive model.The result of the research indicates that the Supreme Court Decision Number 210 K/Pdt.Sus- BPSK/2015 in the case of special dispute on consumer dispute between First Indo American Leasing Branch Bandung ("First Indo Finance") with BPSK Bandung and Neva Rahmansyah, SE stated that The Supreme Court rejected the appeal from the First Appeal Applicant of PT First Indo American Leasing Bandung ("First Indo Finance") and amended the decision of Bandung District Court Number 461/Pdt.G/2014/PN Bdg. dated December 24, 2014 so that it is clear that the Supreme Court accepted the exception of the petitioners and stated that BPSK is not authorized to examine and adjudicate the case and to punish the Cassation Applicant Applicant to pay the court fee in the appeal level stipulated at Rp 500,000 (five hundred thousand rupiahs). Consideration of the Supreme Court Judge stating that BPSK is not authorized to decide the case in the case between the finance company and the consumer because the legal relationship between the Plaintiff and the Defendant constitutes a joint financing agreement with the fiduciary transfer of property, which implements civil law relationships and does not include consumer disputes as provided in the Act Number 8 Year 1999 on Consumer Protection so that the dispute arising from the implementation of the consumer financing agreement is a dispute agreement which is the authority of the District Court.

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