scholarly journals Tinjauan Hukum tentang Peralihan Hak Atas Tanah melalui Perjanjian Gadai di Bawah Tangan

2019 ◽  
Vol 4 (2) ◽  
pp. 60
Author(s):  
M. Teguh Pulungan ◽  
Muazzul Muazzul
Keyword(s):  
Case Studies ◽  
Agricultural Land ◽  
Land Rights ◽  
Scientific Study ◽  
Customary Law ◽  
The Gift ◽  
The Law ◽  
Civil Cases ◽  
The Right ◽  
Legal Consequences

<p class="JudulAbstrakInggris"><em><span lang="EN-GB">Legal Review </span><span lang="IN">o</span><span lang="EN-GB">f Transition </span><span lang="IN">o</span><span lang="EN-GB">f Land Rights Through The Gift Agreement Under Hands</span></em></p><p class="JudulAbstrakInggris">Abstract</p><h1>The aim of research is basically about what the legal consequences of the transfer of land rights are through the underhanded pawning agreement and the application of the law to the transfer of land rights through a pawn agreement under the hand. To discuss these issues, research is carried out in the literature and by carrying out case studies on the decisions of civil cases no. 13 / PDT.G / 2011 / PN-LP. A scientific study can be believed to be true if it is arranged with the right method. Arrangement of liens on the building land is contained in customary law, as well as liens for agricultural land regulated also by customary law, except for the return and redemption of land regulated by article 7 of Law No. 56 Prp 1960. Withdrawal of conclusions based on the results of the study of the case is the regulation of liens on the building land contained in customary law, as well as liens for agricultural land regulated also by customary law, except for the return and redemption of land.</h1><p class="JudulAbstrakInggris"> </p>

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 Kedudukan Ahli Waris yang Berpindah Agama terhadap Harta Waris Menurut Hukum Waris Adat Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 78-82
Author(s):  
Dewa Ayu Herlina Dewi
Keyword(s):  
Research Methods ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Legal Principles ◽  
The Gift ◽  
The Right ◽  
Legal Consequences

A heir that change their religion from Hindu causing an heir to lose his inheritance rights. Because, in Bali's Customary Law of inheritance an heir has an obligation to heirs, families, and indigenous peoples. It is absolute for the heirs to get the right of inheritance. However, because of the affection of parents, many parents consider the position of heirs who convert by giving part of the inheritance that is not magical religious or a property that is not an inheritance but is said to be a grant. The purpose of this study is to determine the position or status of an heir who has converted and to know the possibility of whether the heirs can receive a gift outside of the estate. The method of research used normative juridical research methods, approaches made on the basis of major legal material by reviewing theories, concepts, legal principles and legislation related to this paper. Based on the contents of the study can be summarized as follows: 1. With the transfer of religion heirs, heirs can not carry out obligations as heirs to the heirs, families, and indigenous peoples. Thus the inheritance relationship between the heirs and the heirs is lost so that the legal consequences of the heir does not have the right to inherit. 2. Heirs can still accept the gift from their parents because of compassion. The gift may be a property which is not religiously magical and can also be given in the form of a grant.  

scholarly journals The Legal Situation Of The Consent Roya's Associates Against The Loss Of Liability Rights Certificate

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 307
Author(s):  
Ida - Nursanti
Keyword(s):  
Research Methods ◽  
Research Method ◽  
Land Rights ◽  
Legal Action ◽  
Legal Situation ◽  
Legal Position ◽  
Legal Consequence ◽  
The Law ◽  
The Right ◽  
Legal Consequences

This study aims to determine and analyze the legal position of Roya's Consent Deed on the loss of a Certificate of Mortgage; Notary authority in drawing Roya Consent Deed against the loss of a Certificate of Mortgage; as well as legal consequences arising from the loss of a Certificate of Mortgage? The research method used is sociological juridical research methods. Based on the research, it is concluded that the Roya Consent deed is a statement from the debtor in a notarized manner, which says that the debtor has been paid off of his debt and the creditor agrees to write off the certificate of land rights encumbered by the Mortgage to be a certificate which is clean from any kind of engagement. Roya's Consent Deed has no executorial power as does the Certificate of Mortgage; The notary's authority in making Roya's Consent Deed is based on the debtor's statement before the Notary so that the statement or act is contested by the Notary in an authentic deed. This is in accordance with the Law on Notary Position; the legal consequence of the Loss of Security Certificate for the debtor is unable to take legal action against his / her land rights, namely not being able to merit, or not being able to guarantee the right to his land or transferred to another party.

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 Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals Exercise of Land Rights by Rural Residents

2019 ◽  
pp. 193-200
Author(s):  
О. V. Popova
Keyword(s):  
Rural Areas ◽  
Agricultural Land ◽  
Far East ◽  
Land Rights ◽  
Maximum Size ◽  
Rural Residents ◽  
The Far East ◽  
The Russian Federation ◽  
The Right ◽  
Far Eastern

The pre-emptive right to purchase and sell agricultural land by the authorities of the constituent entities of the Russian Federation, the maximum size of agricultural land plots, the allocation of shares among rural residents and some other features of agricultural legislation are restrictions on the realization of the right of rural residents to own land. The lack of adequate infrastructure in rural areas, especially in the Far East that fall under the Far Eastern Hectare project, is also seen as an obstacle for rural residents to exercise their right to land.

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 Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

Sign in / Sign up

Export Citation Format

Share Document