scholarly journals The Certificate of Building Use of Rights (Shgb) that has been out Duration of Ownership, with Execution of Sita Object Guarantee to Land

2020 ◽  
Vol 8 (3) ◽  
pp. 1200-1208
Keyword(s):  
Land Use ◽  
Legal Protection ◽  
Civil Procedure ◽  
District Court ◽  
High Court ◽  
Civil Case ◽  
Procedure Code ◽  
Litigation Process ◽  
Proof Of Ownership ◽  
Ownership Of Land

The length of the civil litigation process regarding land from the District Court, the High Court to the final level and legal protection of the assets seized as well as proof of ownership of land or building rights are certificates. Based on these problems, it can be analyzed the validity of the execution of the object of confiscation of land against the Land Use Certificate (SHGB) that has expired and can be analyzed what steps must be taken in protecting the assets confiscated in a civil case through the Civil Procedure Code, the Agrarian Regulation Indonesia, Indonesian Auction Regulations. Based on this analysis, the Confiscation, Execution and Building Rights Auction activities that have expired are the conclusions of this study.

scholarly journals Penyelesaian atas Sertipikat Tanah Ganda Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah (Studi Putusan: Putusan Mahkamah Agung Nomor 1537 K/PDT/2018)

2019 ◽  
Vol 2 (1) ◽  
pp. 1214
Author(s):  
Vanesia Hendrika Elvina ◽  
Hasni Hasni
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
District Court ◽  
Positive System ◽  
Legal Certainty ◽  
Land Registration ◽  
High Court ◽  
Strength Of Evidence ◽  
Ownership Of Land ◽  
First Time

The purpose of implementing land registration is to provide legal certainty and legal protection. The Agrarian Law that is used in Indonesia adheres to a negative system that is tied to a positive system. The land registration activity for the first time produced proof of rights, in the form of certificates as a means of proof of land rights. Certificate as a strong proof of rights means that physical data and juridical data in a certificate have the strength of evidence and must be accepted as true information, as long as it is not proven otherwise with other evidence in the form of certificates or other certificates. In Subari’s case, there was a double land certificate in the same plot of land. Subari has the ownership of land rights that is got from his parents and from purchasing with two buffaloes. But, there are other people who dominate the land that is belong to Subari and they also have the certificate to proof their ownership of the land rights. Settlement of multiple land certificates can be done through the Court, to obtain legal certainty that the certificate of ownership of land rights which has stronger evidence is based on evidence. The district court ruled that ownership of land rights belonged to Subari, and this decision was reinforced by high court and a Supreme Court.[F1]  [F1]Paragarf single

scholarly journals ANALISIS PENYELUNDUPAN HUKUM KEPEMILIKAN HAK ATAS TANAH BAGI WARGA NEGARA ASING DENGAN CARA PELANGSUNGAN PERKAWINAN DENGAN WARGA NEGARA INDONESIA

PRANATA HUKUM ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 34-43
Author(s):  
RISTI DWI RAMASARI
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Civil Code ◽  
District Court ◽  
Foreign Nationals ◽  
High Court ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

Issues concerning the land can be prevented, at least to reduce the potential to avoid the cause, the problems are legal events, so the causes can be known and recognized by re-looking through existing legal ground view. From the problems in court, the process of settling the case takes a long time, sometimes for many years, it is because of the level of court that must be passed the District Court or Administrative Court, High Court, and Supreme Court.The problem in this paper is how the legal protection of land ownership rights for foreigners with the marriage with the citizens of Indonesia?egal protection of ownership of land rights for foreign nationals with marital sustainability with Indonesian citizens as a means of tenure of land ownership by foreign. By applying the nominee agreement, foreign nationals may control land as possessing land rights as Indonesian citizens. However, this agreement has not been regulated in Indonesia, especially the legal system of agreements set forth in the Civil Code (KUHPdt), so it is categorized into the category of legal smuggling of land ownership rights for foreigners. The legal effort to be taken in solving the problem of legal smuggling of land ownership rights for Foreigners with Marriage Sustainability with Indonesian Citizens is inseparable from the provisions of Article 1320 and Article 1338 of the Civil Code (KUHPdt).

scholarly journals FEW ASPECTS ON THE PROCEDURE OF NOTIFICATION FOR A PRELIMINARY RULING IN CRIMINAL MATTERS IN COMPARISON WITH THE ONES FOR CIVIL MATTERS

2015 ◽  
Vol 9 (1) ◽  
pp. 12-16
Author(s):  
Iulia Boghirnea
Keyword(s):  
Comparative Analysis ◽  
Scientific Research ◽  
Civil Procedure ◽  
Preliminary Ruling ◽  
High Court ◽  
Judicial Practice ◽  
Procedure Code ◽  
Criminal Matters

The article aims to continue the scientific research of a legislative instrument for the prevention of a divergent judicial practice, namely the procedure for notifying the High Court of Cassation and Justice to issue a preliminary ruling for solving certain law matters, this time performing a comparative analysis between the texts of the criminal and civil procedure code.

scholarly journals THE PROBLEMATICS OF EXECUTION LAW AGAINST NON-EXECUTABLE JUDGMENTS AND COMPARISONS WITH MALAYSIAN LAW

JURISDICTIE ◽  
2019 ◽  
Vol 9 (2) ◽  
pp. 244
Author(s):  
Bambang Sugeng Ariadi Subagyono ◽  
Ghansham Anand
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
District Court ◽  
Legal Subject ◽  
Civil Case ◽  
Procedural Law ◽  
The Supreme Court ◽  
Civil Laws

<p>In public courts, the litigation of civil case is under civil law procedure. This is a legal regulation to maintain material civil laws. The procedural law is also a way to file a particular civil case to civil court and to organize judges’ ways in making judgment toward legal subject. Civil law procedure prevents any vigilante actions that creates public legal order. Judiciaries provide protection for legal subject in preserving their rights and prevent any arbitrary actions. After case investigation process set under procedural law, a court judgment is made to judge and solve case. Legal actions are subsequently conducted to reach fixed legal judgment (inkracht van gewijsde). Some executions for civil cases in Indonesia is suspended since the object is different from reality or non-executable. Furthermore, civil case judgment is sometimes contradictory to criminal cases, although the objects are similar. Either litigant and/or defendant files request to the Supreme Court to have a legal protection or the chairman of district court requests for an instruction from the Supreme Court, may suspend court judgment. Therefore, the implementation of court judgments with legal power is still undeniably problematic. If the execution is suspended or not allowed, it may disadvantage “the justice seekers”; public society. The suspended or non-executable judgment should be immediately addressed on its implementation, instead of its law.</p><p><br />Di pengadilan umum, proses kasus perdata berada dalam prosedur hukum perdata. Ini adalah peraturan hukum untuk mempertahankan hukum sipil material. Undang-Undang prosedural ialah cara mengajukan kasus perdata ke pengadilan sipil dan mengatur cara hakim memutuskan subjek hukum. Prosedur hukum perdata bertujuan mencegah tindakan hakim-sendiri sehingga tercipta tatanan hukum publik. Peradilan memberikan perlindungan bagi subjek hukum dalam melestarikan haknya dan mencegah kesewenang-wenangan. Setelah proses penyelidikan kasus sebagaimana diatur dalam hukum prosedural, putusan pengadilan dibuat untuk menilai dan memecahkan kasus. Tindakan hukum selanjutnya dilakukan hingga mendapat keputusan hukum tetap (inkracht van gewijsde). Beberapa putusan kasus perdata Indonesia ditangguhkan karena objek berbeda dari kenyataan atau tidak dapat dieksekusi. Selanjutnya, putusan kasus perdata terkadang bertentangan dengan kasus pidana, meskipun objeknya sama. Baik penggugat dan/atau terdakwa mengajukan permintaan ke Mahkamah Agung untuk memiliki perlindungan hukum atau ketua dari pengadilan distrik meminta instruksi dari Mahkamah Agung, bisa menangguhkan keputusan pengadilan. Karenanya, pelaksanaan putusan pengadilan dengan kekuatan hukum masih bermasalah. Jika eksekusi ditangguhkan atau tidak diizinkan, tentu dapat merugikan “para pencari keadilan”; masyarakat umum. Putusan yang ditangguhkan atau tidak dapat dieksekusi harus segera ditangani pada pelaksanaannya, bukan hukumnya.</p>

scholarly journals ANALISIS YURIDIS TERHADAP ALAT BUKTI VISUM ET REPERTUM PSIKIATRIKUM DALAM KASUS TINDAK PIDANA PERKOSAAN (STUDI KASUS PUTUSAN PENGADILAN TINGGI BANJARMASIN NOMOR 42/PID/2017/PT BJM)

2019 ◽  
Vol 2 (2) ◽  
pp. 882
Author(s):  
Yitro Daniel ◽  
Dian Adriawan Dg Tawang
Keyword(s):  
Law Enforcement ◽  
District Court ◽  
Post Mortem ◽  
High Court ◽  
Legal Evidence ◽  
Court Judge ◽  
Procedure Code ◽  
Expert Interview ◽  
Valid Evidence

Based on Decision Number 20 / Pid.B / 2017 PN.Mrh has reported rape issued by the wife of Suwito Budi Santoso while the wife of Suwito Budi Santoso is named Sumaryati. However, Decision Number 42 / PID / 2017 / PT.BJM, the Banjarmasin High Court Judge Council acquitted 7 defendants who were not proven in rape cases. However, in the court's ruling, the Banjarmasin High Court contained anomalies that differed from the Verdict of the Marbahan District Court, namely from the expert's statement and the results of the post mortem psychiatric review. The problem is how is the juridical analysis of the evidence evidence and psychiatric repertum in the case of rape (case study of the Decision of the High Court in banjaran 42 / PID / 2017 / PT BJM)? The author approves this problem using normative research methods supported by expert interview data. The author creates in Article 184 the Criminal Procedure Code valid evidence is divided into 5 (five), which consists of legal evidence categorized Letters which are translated Article 187 and in Perma No 3 of 2017 in Article 4 to be discussed by the Judge. The author asks that for Law Enforcement, to pay more attention to what matters are the contents of the legislation. Investigators, Public Prosecutors, Judges, and government institutions that are involved in the tools of the post mortem and psychiatric repertum in the crime of rape, must really realize the contents of the agreement. So that the legal certainty given by the State to the community can be fully accepted

scholarly journals Kekuatan Pembuktian Sertifikat Hak atas Tanah sebagai Alat Bukti dalam Perkara Perdata

2020 ◽  
Vol 1 (2) ◽  
pp. 358-361
Author(s):  
I Kadek Edy Gunawan ◽  
A.A Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Human Life ◽  
Legal Protection ◽  
Land Title ◽  
Legal Relationship ◽  
Evidence Strength ◽  
Land Disputes ◽  
Proof Of Ownership ◽  
Ancient Times ◽  
Court Proceedings ◽  
Ownership Of Land

The land is very important for human life. Land problems often occur which still exist from ancient times until now. This research was conducted with the aim of describing how a certificate as proof of ownership of land rights can provide legal protection for people and legal entities as rights holders and whether the land title certificate must be supported by other evidence in its proof. The research method used is normative legal research with the approach of applicable laws and regulations. The results of this study indicated that in land disputes in court proceedings, certificates as proof of ownership can be used by judges to strengthen evidence to seek the truth. In proving an event or legal relationship, it must be supported by the existence of the truth or right. One way to do this is by submitting something that contains a reading sign in certain forms made by an authorized official. Furthermore, a certificate of ownership of land as a means of written evidence in a civil case examination can be proven by other means of evidence in which according to the judge's judgment it turns out that the evidence has perfect evidence strength and the statements contained in the certificate are proven to be incorrect.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMENANG LELANG OBYEK HAK TANGGUNGAN DARI GUGATAN PERDATA PIHAK KETIGA

2019 ◽  
Vol 5 (1) ◽  
pp. 19-49
Author(s):  
Firman Angga
Keyword(s):  
Supreme Court ◽  
Legal Protection ◽  
Scientific Work ◽  
District Court ◽  
Conceptual Approach ◽  
High Court ◽  
The Supreme Court ◽  
Winning Bidder

In practice, the auction, although carried out in accordance with applicable regulations, is sometimes still sued in the District Court, the High Court even to the Supreme Court. The results of the supreme court's decision were canceled. Regarding this matter, of course the auction winner is very disadvantaged. The problem to be known in this scientific work is a form of legal protection against the winning bidder for the execution of Mortgage, and how to settle if there are obstacles in the implementation of the auction. This scientific work uses a normative juridical method with a statute approach, a conceptual approach and a case approach. The results obtained from this study are that the form of legal protection for auction winners who have good intentions is: 1) Submitting resistance (Derden Verzet) to the execution of the verdict. This resistance is submitted to the Chairperson of the District Court whose confiscation occurs in his jurisdiction, both verbally and in writing, 2) Submitting a request for legal protection for the decision to cancel the auction and re-execute. The method of settlement if there is an obstacle in the implementation of the auction for the Mortgage by means of the debtor paying the amount of debt and other costs as stated in the contents of the decision if the obstacles arise during the auction. Whereas the method of settlement after the auction, is the creditor as the buyer and the winner of the auction of the Mortgage resistance (derden verset) by suing the debtor to court with a claim for compensation for all costs of conducting the auction that has been carried out and canceled by the court. Furthermore, Bank Rakyat Indonesia as the creditor holds the default debtor accountable to immediately fulfill the defaulted debt by re-executing

scholarly journals Case translation: Bulgaria

2019 ◽  
pp. 57-60
Author(s):  
Bulgaria: Case translation
Keyword(s):  
Social Networking ◽  
Civil Procedure ◽  
District Court ◽  
Electronic Evidence ◽  
Procedure Code ◽  
Division Ii ◽  
Social Networking Website

Decision No 50, Haskovo District Court, Civil Division, II appellate civil panel, 20 January 2018 Bulgaria; Civil Procedure Code; formation of contract; electronic evidence; exchanges via social networking website; proof

scholarly journals Third Party Legal Protection in the Cooperation Agreement for Purchasing Company Assets (Analysis of the Decision of the Mataram High Court Number: 10 / PDT / 2018 / PT. MTR)

2019 ◽  
Vol 6 (4) ◽  
pp. 15
Author(s):  
Michael Anshori ◽  
Zainal Asikin ◽  
Djumardin Djumardin
Keyword(s):  
Wildlife Conservation ◽  
Legal Protection ◽  
Third Party ◽  
District Court ◽  
Cooperation Agreement ◽  
Conceptual Approach ◽  
High Court ◽  
Study Approach ◽  
A Company

This study aims to determine the legal protection of third parties and analyze the legal protection of the parties and the position of the parties in the Cooperation agreement to purchase assets of companies owned by PT. Wildlife Conservation. This type of research is normative legal research, with the approach used is the legislative approach, conceptual approach and Case study approach. Position of the parties in the Cooperation agreement to purchase assets of a company owned by PT. Biodiversity Tourism, in the Deed of Cooperation Agreement Number 81. Based on the Deed of the Cooperation Agreement the Rights and Obligations of the Parties are subject to the Agreement made by the parties before a Notary. Because of the third party's legal protection in the Cooperation Agreement No. 81 is not contradictory to the provisions of Article 1338, then legally it is the legal basis for filing a default lawsuit at the Mataram District Court, the Mataram High Court.

scholarly journals Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran

2020 ◽  
Vol 1 (1) ◽  
pp. 157-163
Author(s):  
I Gede Wardana Oka Sastra Wiguna ◽  
I Nyoman Putu Budiartha ◽  
I Putu Gede Seputra
Keyword(s):  
Land Use ◽  
Research Methods ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
The Times ◽  
Ownership Of Land ◽  
Land Use Rights

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

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