KEPASTIAN HUKUM DALAM KEPEMILIKAN SATUAN RUMAH SUSUN

This study aimed to determine the legal relationship of the parties in the Agreement on Sale and Purchase (PPJB) Flats and legal protection for buyers of Flat Housing Unit if the seller / developer defaults. This research is a normative juridical research, namely research on laws that are in the legislation in force in Indonesia. This research focused on document research or literature which essentially looks for theories, views that have correlation and are relevant to the problems to be studied. The results of the study indicated that the legal relationship between the parties in the PPJB starts from the signing of the PPJB, so that a legal relationship is established which creates the rights and obligations of each party. Legal protection for buyers of Flat Units if the seller / developer defaults is through arbitration at the cost of joint responsibility by the parties. It meant that if there is a dispute between the parties regarding the sale and purchase agreement unit apartment, the settlement is not through public court or litigation, but the solution is taken through arbitration (non litigation)

KETERANGAN HAK WARIS YANG DIBUAT OLEH NOTARIS DALAM RANGKA UNIFIKASI HUKUM

The inheritance law in force in Indonesia until now has not yet led to a legal unification that should have been able to resolve disputes. The existence of different provisions in making inheritance rights certificates is a source of problems that often occur in the distribution of inheritance. This condition is the reason for the need for a Notary as the only official authorized to make a certificate of inheritance. This study analyzes the authority of the Notary in making the Deed of Inheritance Rights and the legal status of inheritance rights other than those made by the notary. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of this study indicate that the Notary is authorized to make Information on Inheritance Rights based on the Act of Notary Position and the Description of Inheritance Rights made by a notary is an authentic deed. The existence of information on inheritance rights for indigenous indigenous Indonesians has the power of proof under the hands while the information on inheritance rights made by the Heritage Office is an authentic deed

KEDUDUKAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG TERLAMBAT DIDAFTARKAN

The Underwriting Rights Law stipulates that the date of the book of land liability is the seventh day after receipt. It raises problems if the Deed of Granting the Right of Entitlement (APHT) has been completed. This study analyzes the legal standing of the deed of giving rights of late registration at the Land Office and legal protection for debtors and creditors on deeds granting mortgage rights that are late in registering at the Land Office which cause losses to the parties. The research method used normative legal research while the problem approach was carried out using a legal approach and conceptual approach. The results of the study indicate that the legal position of the Deed of Granting Rights that is late registered with the Land Office is still valid because it has fulfilled the provisions of Article 13 UUHT. Legal protection for dabitur and creditor over the APHT that is late registered with the Land Office is found in Article 23 paragraph (2) UUHT which stipulates that the existence of administrative sanctions does not remove other sanctions in accordance with prevailing laws and regulations so that the aggrieved party can file compensation

TANGGUNG JAWAB NOTARIS TERHADAP AKTA YANG CACAT SECARA FORMAL

Authentic Deed is a deed in which the truth of the Formal and Material and Subjective elements and the Objective Elements must be in accordance with the applicable Laws and Regulations. This study analyzed the form of notary's responsibility as an official making deeds on deeds that formally defects and legal consequences for authentic deeds if the witnesses in the deed are not present at the time the deed is read. The research method used normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the Notary Deed that does not meet the Formal and Maternal requirements and does not meet the Subjective Elements and Objective Elements, then the deed can be null and void, and / or can be canceled. The absence of witnesses at the time of reading and signing the Minuta deed can make the notary be declared to give false information in an authentic deed

KEDUDUKAN HUKUM AKTA JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN

One of the features of the fiduciary guarantee is the executorial nature of the fiduciary guarantee on the fiduciary guarantee certificate. To obtain these rights, the guarantee must be registered with the Fiduciary Guarantee Registration Office. But in its implementation, there are still many fiduciary guarantees that are not registered with the Fiduciary Registration Office. This study analyzes the legal consequences of fiduciary guarantees that are not registered and legal protection to creditors if the Fiduciary deed is not registered. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of the study show that the legal consequences of fiduciary guarantee deeds, which have no legal force at all in carrying out executions and against objects of fiduciary guarantee do not give birth to material rights inherent in fiduciary guarantees. As a result of not registering a fiduciary deed, there is no legal protection at all for creditors

PERBANDINGAN KEKUATAN PEMBUKTIAN AKTA OTENTIK DALAM PERKARA PERDATA DAN PERKARA PIDANA

Authentic deeds as perfect evidence (volledig bewijskracht) and binding (bindende bewijskracht), so that authentic deeds can stand alone without the support of other evidence. This study analyzed the differences in the power of authentic authentic deeds in civil and criminal cases and the power to prove authentic deeds in criminal cases still requires other evidence to determine their perfection. The research method used normative legal research while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the evidentiary law is not an orderly system. The strength or weakness of evidence in evidence depends on the evidentiary parameters used in each court, both civil and criminal. The difference in the parameters in proof is what distinguishes the power of the law of authentic proof of deed in criminal and civil cases. Regarding the value of authentic deed perfection in criminal cases, the authors conclude that, the power of proof of authentic deed is not of perfect value and does not bind judges, so authentic deeds in criminal cases cannot stand alone and require other evidence for judges in making decisions