scholarly journals Pendaftaran Peralihan Hak Atas Tanah Berdasarkan Akta Pengikatan Perjanjian Jual Beli di Kota Padang

2020 ◽  
Vol 5 (1) ◽  
pp. 79
Author(s):  
Vicia Elittrosint
Keyword(s):  
Land Rights ◽  
Legal Aspects ◽  
Title Registration ◽  
Binding Agreement

<p><em>Each Land Office has a different policy in accepting return registration of certificates based on PPJB, some accept and some reject. Based on this description, the author is interested in discussing this thesis with the title "Registration of Transfer of Land Rights Based on the Binding Deed of Purchase Agreement at the National Land Agency Office in Padang City." The problem is, How is the Process of Making a Sale and Purchase Binding Agreement (PPJB) for Registration of Land Rights In Kota Padang, How Is Legal Strength Against Proof of Binding of Contract of Purchase (PPJB) In the Process of Registration of Transfer of Land Rights at the National Land Agency Office in Padang City, What Is the Process for Registration of Transfer of Land Rights in the Deed Phase of the Binding Agreement of Purchase (PPJB) in Padang City National Land Agency Office. The writing of this thesis uses empirical juridical methods that determine the field in court with the legal aspects or regulations that apply with respect to the object of research. Copyright and implementation of the Registration of Transfer of Land Rights Based on the Binding Deed of Purchase Agreement at the Office of the National Land Agency in Padang City has not been fully implemented properly or it has not been effective.</em></p>

KESADARAN HUKUM MASYARAKAT KABUPATEN TEGAL TERHADAP PENDAFTARAN HAK ATAS TANAH

Authentica ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Bha'iq Roza Rakhmatullah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Legal Aspects ◽  
Time Limit ◽  
Economic Community ◽  
Land Registration ◽  
Transfer Delay ◽  
Legal Effect ◽  
Strict Enforcement ◽  
Rights Transfer

The registration of land rights in the Land Office has a time limit. This paper discusses about why the community of Tegal Regency has not yet had legal awareness to the registration of land rights transfer, how the legal effect on the delay of registration of land rights transfer based on the purchasing deed of the Making Land Deed Official by the receiving party rights, and how to solve public legal awareness and solutions to land registration delays. The method used in this research is by the Socio-Legal approach that is an approach which is done or used to be a reference in highlighting the problems of applicable legal aspects. the community of Tegal Regency, especially the weak economic community have not yet had legal awareness to register the transfer of land rights based on purchasing deed of the Making Land Deed Official to Tegal Regency Land Office. Suggestion from this research is The existence of strict enforcement of sanctions to unscrupulous officials of the Land Office who make irregularities, all stakeholders make a memorandum of understanding together in the context of registration of the transfer of land rights, revision of article 40 paragraph (1) Government Regulation Number 24 the Year 1997.Keywords: Land Rights Transfer, delay, Community Legal Awareness

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.

scholarly journals Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 159
Author(s):  
Bahrul Alam ◽  
Akhmad Khisni
Keyword(s):  
Descriptive Analysis ◽  
Legal Protection ◽  
Land Rights ◽  
Field Studies ◽  
Legal Aspects ◽  
Data Recovery ◽  
Primary Data ◽  
Public Land ◽  
The Impact ◽  
Land Records

The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.

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

Colonialism, Constitutionalism, Costs and Compensation: A Contemporary Comparison of the Legal Rights and Obligations of and towards the Scandinavian Sami and Indigenous Australians

1999 ◽  
Vol 68 (1) ◽  
pp. 31-52 ◽  
Author(s):  
◽  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous People ◽  
Land Rights ◽  
Legal Aspects ◽  
Cultural Development ◽  
Sustainable Growth ◽  
Legal Rights ◽  
Language Recognition ◽  
Indigenous Human Rights

AbstractAn earlier article addressed recent developments in Australia concerning indigen-ous land rights and outlined political and legal aspects of the debate surrounding that. This is a more specifically comparative study that seeks to compare the legal aspects of the land rights of Australian indigenous people with the legal aspects of the land rights of the Sami people in Scandinavia. The paper recognises from the outset that these two parts of the world possess different legal histories, but argues that in the modern international context, comparisons can be drawn with respect to indigenous human rights. Further, the paper contends that in both these societies, there have been advances and retreats and that only full governmental commitment to the principles of international law will ensure that the human rights of the respective indigenous people advance.In looking at comparative indigenous rights, or the failure to achieve rights, the focus is on property, including consideration of inclusion/exclusion of native people as citizens, the effects of colonization and relative access to goods and services, language recognition, rights of cultural development and protection of heritage, as well as practical implications in controlling other forms of development and fostering sustainable growth. We broaden the consideration of indigenous human rights to include matters of compensation and costs. Our overall contention is that it remains one of the principal challenges for both Australian and Scandinavian law to identify and translate co-existence and human rights for the indigenous people of those nations. In framing any such legal measures, governments will have to confront wider political issues of tolerance, sovereignty and citizenship. The dilemma for Australian Aboriginals is that the chance to remain Aboriginal may have to involve an appeal to the prin-ciples of international law whereas in Scandinavia the recognition of Sami reindeer herding has generally failed to foster broader rights to land and natural resources although there are some signs that this is emerging in Norway.

scholarly journals PERBUATAN MELAWAN HUKUM OLEH NOTARIS TERHADAP PEMALSUAN AKTA OTENTIK DALAM JUAL BELI TANAH DI KABUPATEN REMBANG (STUDI KASUS PUTUSAN NOMOR 05/Pdt.G/2009/PN.Rbg)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (2) ◽  
pp. 259
Author(s):  
Faizal Indra Nor Cahyo ◽  
Gunarto Gunarto
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Public Official ◽  
Purchase Price ◽  
Prospective Buyer ◽  
Approach Method ◽  
Notary Public ◽  
Legal Consequences ◽  
Binding Agreement

In the sale and purchase of land rights of course there are various parties, including Sellers and Buyers. In this case, Seller (RJ) and Purchaser (IS) 1 purchased land on September 26, 2007 with 10 certificates and total purchase value of land object amounting to Rp 2.232.650.000, - (two billion two hundred thirty two million Six hundred fifty thousand rupiah), due on July 31, 2008, which is until the due date the Purchaser (IS) has not been able to repay it. On the other hand, the Notary of MJ who made the Deed of Sale and Purchase Agreement committed a Law Against Act (PMH) by issuing a Sale and Purchase Deed which should not be issued in case of non-payment. With the formulation of the problem studied are: 1. What are the legal consequences that occur on a Notary who commits an unlawful act against the Deed of Sale and Purchase Land made? 2. How to solve a case against a Notary who committed a Legal Actions (PMH) on the Deed of Sale and Purchase of Land?Approach method used in this research is normative juridical research supported by empirical juridical, research specification is analytical descriptive, writer use primary data and secondary data to get data related to this research.Based on the results of this study, based on the Case Court's Decision Number 05 / Pdt.G / 2009 / PN.Rbg, the case investigation between the Seller (RJ) and the Buyer (IS) on the first issue of the formulation of Notary MJ because it was proven to Act Against Law Falsify the information contained in the Deed of Sale and Purchase which is different from the Deed of Sale and Purchase Bond that has been agreed by both parties, then he must finish the Deed of Sale and Purchase Agreement between the RJ and the IS, and automatically does not Occur And in the formulation of the problem Second, the Buyer (IS) who has made a default booking by not automatically paying the purchase price with the binding agreement between himself and the Seller (RJ), he is charged with a 13th Stipikat to Seller (RJ) discount, With the payment already given To Seller (RJ) by Buyer (IS) is irrevocable and automatically becomes the property of Seller (RJ). As well as Buyer (IS) are charged the court fees that have arisen in advance of the trial.The author's suggestion in this research is for the seller, should be more careful in choosing and revoking the prospective buyer, thus minimizing the undesirable things that will be done by the Buyers so as to disadvantage the Seller, for the buyer, he must have good faith It should always be upheld that there will be no future Seller, for Notary Public, Notary as a public official should have a Neutral attitude toward both parties in the agreement, can be mediator, law-abiding and not doing the Fight Against Act (PMH), by reason No party harmed. Keywords: Sale and Purchase Agreement, Unlawful Actions, Wanprestatie.

scholarly journals Akibat Hukum Terhadap Peralihan Hak Milik Atas Tanah Yang Belum Lunas Pembayarannya

Jurnal Akta ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
M. Adib Luthfi ◽  
Akhmad Khisni
Keyword(s):  
Land Rights ◽  
Customary Law ◽  
Payment Method ◽  
New Process ◽  
Legal Effect ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Sense Of Justice ◽  
Binding Agreement

ABSTRAKHasil penelitian menyimpulkan, bahewa akibat hukum dari peralihan hak milik atas tanah yang belum lunas pembayarannya adalah sah secara jual beli, akan tetapi apabila pembayaran harga tanahnya tersebut belum dilunasi terlebih dahulu maka peralihan hak nya dapat ditangguhkan (sesuai perjanjian pengikatan jual beli lunas). Setelah pembayaran harganya dilunasi baru proses peralihan haknya dilanjutkan (pembuatan Akta Jual Beli dan proses sertifikat). PPAT membuatkan Akta Jual Beli selanjutnya akta tersebut dijadikan alat bukti autentik yang menerangkan telah terjadi peralihan hak atas tanah melalui jual beli selanjutnya untuk didaftarkan. Sedangkan jual beli tanah yang menganut hukum adat bersifat konkret, kontan, nyata dan riil. Artinya peran PPAT dalam melaksanakan amanat Undang-Undang tersebut harus benar-benar terlaksana dan kaitannya dengan peralihan hak milik atas tanah yang belum lunas pembayarannya, PPAT harus menentukan sikap tegas untuk tidak membuatkan Akta Jual Beli tersebut sebelum seluruh pembayaran harganya lunas meskipun cara pembayarannya secara bertahap. Solusinya apabila ada permasalahan seperti itu maka PPAT harus membuatkan perjanjian pengikatan jual beli lunas sebelum dibuatkan Akta Jual Belinya. Hal tersebut dilakukan supaya terwujud rasa keadilan dan meminimalisir wanprestasi antara penjual dan pembeli dalam kaitannya dengan jual beli tanah.Kata Kunci : Akibat Hukum, Jual Beli Tanah, Belum Lunas. ABSTRACT The result of this study concludes that the legal effect of the transfer of ownership of land that has not paid off is valid for the sale and purchase, but if the payment of the land price has not been paid in advance then the transfer of its rights can be suspended (in accordance with the agreement of sale and purchase settlement paid). After payment of the price is paid a new process of transfer of rights continue (making Deed of Sale and Purchase certificate process). PPAT makes the Deed of Sale and then the deed is used as authentic proof that there has been a transfer of land rights through subsequent sale and sale to be registered. While the sale and purchase of land that adheres to customary law is concrete, cash, real and real. This means that the role of PPAT in carrying out the mandate of the Act must be fully implemented and related to the transfer of ownership rights to land that has not paid off, PPAT must determine the firm stance to not make the Deed and Sell before all payment of the price paid in full even though the payment method gradually . The solution if there are problems like that then PPAT must make a binding agreement to buy and sell paid before the Deed of Sale. This is done in order to realize the sense of justice and minimize the default between the seller and the buyer in relation to the sale and purchase of land.Keywords: Legal Effect, Sale and Purchase Land, Not Filled.

Absolute Power on Land Rights Binding Agreement (Study of Verdict No. 698K/Pdt/2017 and Number 483/Pdt.G/2013/PN.Bdg)

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 18-40
Author(s):  
Rizal Aditya Nugraha
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Power Of Attorney ◽  
Absolute Power ◽  
Legal Principles ◽  
The Absolute ◽  
Agreement Study ◽  
Legal Discovery ◽  
Case Number ◽  
Binding Agreement

In the sale and purchase of land rights transactions, before the parties make a sale as outlined in the form of a Purchase Deed made before the Land Deed Maker Officer, the parties first make an agreement made in the form of an authentic deed made before a notary called with the Sale and Purchase Agreement (PPJB). Binding Agreement of Purchase made by a notary is always followed by a power of attorney called absolute power of attorney. According to the Instruction of the Minister of Home Affairs No. 14 of 1982, the use of absolute power is prohibited from using it for the transfer of land rights. This study aims to analyze the validity of granting absolute power clauses in the Purchase Binding Agreement which is used as the basis for the transfer of land rights and analyzing the application of absolute power in the Land Purchase Binding Agreement for land rights, especially against Decision Number 698K / Pdt / 2017 and Number 483 / Pdt. G / 2013 / PN.Bdg. The research method used is normative juridical research by examining secondary data, supplemented by a legislative approach and a case approach. This type of research is Analytical Descriptive using legal inventory research, legal principles, legal discovery in concreto. Data analysis was performed using the Normative Qualitative analysis method. The results of this study indicate that: (1) The validity of the absolute power which is entered as a clause in the Binding Agreement of Purchase is valid. Purchase Binding Agreement as a preliminary agreement (Pactum De Contrahendo) which gave birth to the granting of absolute power clause is an inseparable unit of the Purchase Binding Agreement so that the granting of an absolute power clause in the Sale and Purchase Agreement is not included in the absolute power of attorney which is prohibited by applicable laws and regulations. (2) a. Decision Case Number 698K / Pdt / 2017, the granting of absolute power which is used as the basis for the transfer of land rights is invalid because the absolute power of attorney is not based on the principal agreement, thus contradicting the Instruction of the Minister of Home Affairs Number 14 of 1982. b. Decision Case Number 483 / Pdt.G / 2013 / PN.Bdg, the granting of absolute power which is used as the basis for the transfer of land rights is legal, because the absolute power of attorney is based on the principal agreement, so it does not conflict with the Minister of Home Affairs Instruction Number 14 of 1982. Keywords: Binding Agreement of Purchase; Absolute Power of Attorney; Instruction of the Minister of Home Affairs No. 14 of 1982.

scholarly journals PENGENAAN PAJAK PADA PERJANJIAN PENGIKATAN JUAL BELI HAK ATAS TANAH DI DENPASAR

2020 ◽  
Vol 16 (1) ◽  
pp. 114-122
Author(s):  
Luh Putu Sudini ◽  
Nella Hasibuan ◽  
Made Wiryani
Keyword(s):  
Rule Of Law ◽  
Income Tax ◽  
Public Expenditure ◽  
Land Rights ◽  
Problem Formulation ◽  
Public Facilities ◽  
State Revenue ◽  
The Republic ◽  
Ownership Rights ◽  
Binding Agreement

-Considering that tax is one of the sources of state revenue originating from public contributions to the State treasury. According to Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, Indonesia is a rule of law. Tax collection based on laws that can be forced without the services of compensation (contravention) that can be directly demonstrated and used to pay for public expenditure and the construction of public facilities. Taxes in Indonesia are currently one of the largest sources of revenue for the nation's development in order to achieve prosperity for its citizens. The act of buying and selling is an agreement between the parties about paying a certain price of an item, with the aim of transferring ownership rights to the material sold. To achieve legal certainty in the sale and purchase of land rights, the parties are bound by an agreement based on an agreement made before a Notary. Problem formulation: 1. What is the process of binding the sale and purchase of land rights related to taxation in Denpasar? And 2. What are the forms of tax imposition in to buy and sell rights to land in Denpasar? This research is empirical legal research. The binding agreement on the sale and purchase of land rights is a pre-agreement made related to the imposition of tax in the case of a transfer of rights to land that must be paid in advance in order to carry out trading transactions before the Land Deed Maker Officer. The tax imposed from the binding agreement on the sale and purchase of land rights is the income tax for the seller and the Fees for Acquiring Land and/or Building Rights (BPHTB) for the buyer.Mengingat pajak merupakan salah satu sumber penerimaan Negara yang berasal dari iuran rakyat kepada kas Negara. Menurut Pasal 1 ayat (3) Undang-Undang Dasar Negara Republik Indonesia 1945, Indonesia merupakan Negara hukum. Pemungutan pajak berdasarkan undang-undang yang dapat dipaksakan dengan tiada mendapat jasa imbalan (kontraprestasi) yang dapat langsung ditunjukkan dan digunakan untuk membayar pengeluaran umum dan pembangunan fasilitas umum. Pajak di Indonesia saat ini menjadi salah satu sumber penerimaan terbesar pembangunan bangsa dalam rangka mencapai kesejahteraan bagi warga negaranya. Tindakan jual beli merupakan suatu kesepakatan antara para pihak tentang membayar harga tertentu dari suatu barang, dengan tujuan mengalihkan hak milik atas kebendaan yang  dijual. Untuk mencapai kepastian hukum pada jual beli hak atas tanah, para pihak diikat dengan suatu perjanjian berdasarkan kesepakatan  yang di buat di hadapan Notaris. Rumusan masalah: 1. Bagaimana  proses pengikatan jual beli hak atas tanah terkait dengan pengenaan pajak di Denpasar? Dan 2. Bagaimana bentuk pengenaan pajak dalam pengikatan jual beli hak atas tanah di Denpasar? Penelitian ini merupakan penelitian hukum empiris. Perjanjian pengikatan jual beli hak atas tanah merupakan pra-perjanjian yang  dibuat terkait dengan pengenaan pajak dalam hal peralihan hak atas tanah yang harus di bayarkan terlebih dahulu agar dapat melakukan transkasi jual beli di hadapan Pejabat Pembuat Akta Tanah. Pajak yang dikenakan dari perjanjian pengikatan jual beli hak atas tanah yakni pajak penghasilan bagi pihak penjual dan Bea Perolehan Hak Atas Tanah Dan/Atau Bangunan (BPHTB) bagi pihak pembeli.

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