Case Review of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building

The research, entitled Case Study of Surabaya District Court Decision No. 672/Pdt.G/2016/PN.Sby about Unlawful Sale and Purchase Agreement of Land and Building aims to find out whether or not Dirk Tatipata is said to have defaulted on the Sale and Purchase Agreement (PPJB) of land, which he did with Ronald Sanjaya, how the legal protection for Dirk Tatipata as the party who was harmed by the decision of the Surabaya District Court, This is normative legal research, Based on the results of the study, it can be concluded that legally, it is clear that Dirk Tatipata does not have high bargaining power and is a seller of land and buildings on Jl. Sleep No. 103 that has been done in front and signed by Notary Anita Lucia Kendarto, S.H., M.Kn. with several letters/deeds. Thus, legal resistance is still being carried out by carrying out a lawsuit in the land and building dispute case at the Surabaya District Court, and ending his defeat coupled with a penalty of trial fees and payment for his unlawful actions harmed Ronald Sanjaya as the legal owner of the land and buildingsKeywords: Agreement, Sale, and Purchase of Land and Buildings, Against the Law

Legal Analysis of Universitas Wijaya Kusuma Surabaya Tower II Building Construction Agreement Between Wijaya Kusuma Foundation and PT Sinar Waringin Adikarya

In this study, researchers used the title Legal Analysis the Implementation of the Tower II Building Construction Agreement Wijaya Kusuma Surabaya University with PT SINAR WARINGIN ADIKARYA. This research was conducted To find out and analyze: Rights and Obligations of each party in the Towering Contract (Construction Contract) of Tower II Building, Universitas Wijaya Kusuma Surabaya, the form of the responsibilities of each party in the contracting contract (Construction Contract) Tower II Building, Universitas Wijaya Kusuma Surabaya, if one party makes a mistake. From the results of the analysis conducted in this study, the researcher states that: Rights and obligations must be carried out by each party as stated in the work implementation agreement as contained in Attachment to the work implementation agreement Number: 597/WK/XII/2017, as stated in Article 3 of the agreement when referred to as a second party's obligation it means the right of the first party, among others, to carry out the work carefully, accurate and complete responsibility by providing experts and other personnel, materials, equipment needed for the implementation of the work. The responsibilities that must be carried out in this work implementation agreement must be guided by the provisions of the agreement as referred to in the Attachment to the work implementation agreement Number: 597/WK/XII/2017, namely contained in article 4, article 6, article 7, article 8, and article 11.Keywords: Agreement; Construction; University

Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects

The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary

Rejection of Accident Insurance Claims by Insurance Companies

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.

Implementation Of the Notary's Duties and Positions Regarding the Presence of the Appeaser Refers to Decree Number 65/33-III/ PP-INI/2020 Dated March 17, 2020

Concerns about Covid 19 by notaries in doing the Deed. This study aims to examine the Implementation of the Notary Position in Doing Deeds Before and during the Covid-19 Pandemic Period, and to Assess Obstacles in the Duties of Notary Positions in Doing Deeds during the Covid-19 Pandemic Period). The type of research used by the author is descriptive type research. Descriptive research is a problem-solving procedure investigated by describing or describing the current state of the subject and object of research based on existing facts. The results of the research in the Assignment of Notary Positions in Doing Deeds Before and during the Covid 19 Pandemic Period differed from the difference in the health protocol and the presence of the appeasers based on SK Number 65/33-III/ PP-INI/2020 dated March 17, 2020, regarding the matter referred to In the main point of the letter, the Central Management of the Indonesian Notary Association (PP-INI) and all of its staff expressed concern over the massive development of the spread of Covid-19 which directly affected the implementation of the duties of a Notary public in providing services to the public and in this regard, this PP urges all members to follow the health protocols set by the government to overcome the spread of Covid-19.Keywords: CoronaViruses, Notary, Decree.

Construction Of Heritage Rights and Citizenship Status Differences in Indonesia

The high mobility of the population from one country to another, contributes to citizenship transfer. Likewise, Indonesian Citizens (WNI) who, for reasons of education, employment, and other preferences, choose to become Foreign Citizens (foreigners). However, the transfer of citizenship does not necessarily eliminate the ties of blood with the family. For example, in Inheritance in the form of land, a Foreign Citizen, referred to as a WNA, can inherit land rights in Indonesia due to the first two things, a foreign citizen born because of a mixed marriage. And both foreign citizens as a result of naturalization can be understood as a change in the citizenship status of the Indonesian population. Therefore, Indonesia's current construction of inheritance rights within the framework of inheritance regulation (which is part of civil law) is still dualistic and pluralistic. This is inseparable from the legal history of the enactment of civil law in Indonesia.Keywords: Construction, Inheritance, Citizenship

Pandemic as Reasons to Avoid Pre-Project Selling Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era

The study, Pandemic as Reasons for Debtors to Avoid Default: Law Refinement to Provide Justice and Supports Business Activities in Covid19 Era, aims to mengetahui dan menganalisa permasalahan wanprestasi yang terjadi pada masa pandemi Covid19 ini, khususnya pada peristiwa Pre-Project Selling. Kegagalan melakukan prestasi bisa terjadi tidak hanya karena kendala perekonomian saja, namun juga bisa karena alat dan tenaga yang terbatas pada masa pandemi. Artinya kegagalan dalam melakukan prestasi tidak hanya pada pihak developer saja, bisa jadi juga dari pihak pembeli, sedangkan sengketa yang terjadi bukanlah yang mempunyai nominal rendah, oleh karenanya kerapkali perkara hingga berujung ke Pengadilan. Ini adalah penelitian normatif dengan pendekatan perundang-undangan. Hasil yang didapatkan dari penelitian ini adalah Hakim yang memutuskan perkara, setidaknya dapat memberikan suatu penghalusan hukum pada keadaan wanprestasi di masa Pandemi ini, agar terwujud keadilan dan juga demikian akan mendukung kegiatan bisnis.Keywords: Pre-Project Selling; Pandemic; Default.

Restraint of Overseas Personal Shopper as a Form of Legal Protection for Authorized Stores in Indonesia

Nowadays, many business people use personal shopper because they also provide benefits in addition to being more effective and efficient. After all, the activities of designated personal shoppers are carried out without face to face. In different regions, this also creates many problems related to both parties' agreements in conduct buying and selling activities and how the validity of the deal that occurs between the two parties. The research method used is normative research method, which is based on the legislation and is carried out with a statutory approach, namely BW and Law Number 8 of 1999 concerning Consumer Protection. Based on the study results, it can be concluded that the agreement made between the two parties is only based on understanding. The agreement contained is generally anonymous, and the deal is obligatory. Second: The Government's way to control personal shopper services is based on the Consumer Protection Act if a violation of law is committed by one of the parties. Control efforts that the government can do are limited to guidance and supervision.Keywords: Personal Shopper, Agreements, Overseas

Implications of Unregistered Marriage for Women: Profitable or Detrimental

In Islam, marriage is a form of worship recommended by the Prophet Muhammad, so that the law is Sunnah. Marriage is something very sacred where a man and woman are united by a marriage bond and become a couple as husband and wife. Marriage is declared valid if it is carried out following religious law. In Indonesia, exist the term unregistered marriage. However, Indonesia's law considers marriage invalid if the KUA institution does not register the marriage even though it has carried out a marriage procession according to its religious law. This certainly has implications, both positive and negative, for couples, especially women. This is a normative legal research. The result of this study is it can be concluded that unregistered marriage is very detrimental to womenKeywords: Unregistered Marriage, Law, Detrimental

Flats for Foreigner After the Issuance of the Omnibus Law in Indonesia

This research is normative juridical research that uses a statutory approach. The government has issued its latest policy, namely, law number 11, the year 2020, concerning omnibus law, which regulates foreigner property rights regarding flats. Based on this regulation, a foreigner can have ownership rights over the flats. However, it results in problems because a nationality principle is regulated in Indonesian Land Law, prohibiting foreigners from having ownership rights. In Minister of agricultural regulation held that foreigners can only own flats unit based on usage rights. The result of this study, a foreigner, can have an apartment through the transfer of ownership such as buying and selling, grants, auctions, and so on, but it is only a right to use, not an ownership right. Foreigners who wish to own an apartment unit must meet the requirements and restrictions to maintain and prioritize Indonesian citizens’ interests.Keywords: Flats, Foreigner, Omnibus Law.