bluuebunny/crossref_metadata_2025 huggingface dataset:
PERLINDUNGAN HUKUM BAGI PIHAK-PIHAK YANG BERITIKAD BAIK DALAM PEMBATALAN PERJANJIAN JUAL BELI TANAH DAN BANGUNAN (Studi Kasus Nomor 29/Pdt. G/2014/PN. Wsb)
Authors: SANTOSA KERI , Hanim Lathifah
Published: October 2020

The purpose and this study is to know the Legal Protection for Good-Strong Parties in Cancellation of Sale and Purchase Agreement of Land and Banguan (Study of PN Decision No. 29 / Pdt.6 / 2014 / PN.wsb). This research is empirical law research, that is research based on implementation in effort to get primary data preceded by library research to obtain secondary data. The research was conducted at Notary Office / PPAT, and all data obtained were analyzed quantitatively. Based on the analysis, the authors conclude several things Legal protection against the good-willed (buyer) in the sale and purchase agreement of land and building if the seller cancel the agreement, then for the signature of partial signing by the parties is a must.Judge's Consideration on Legal Protection for Good-Predicted Parties In Cancellation JuaL Purchases Land and Buildings where the Public Prosecutor should be thorough and careful in preparing the indictment, since the indictment is the basis for the judge to impose or not to bring down the defendant faced beforehand the court, in addition, must also have knowledge or knowledge of the law well, not only the law in formal, but also the law materially so as not wrong in determining where the deeds in accordance with the elements that are indicted. As for constraints and solutions Legal Protection Both parties who are intent on canceling Land and Building Sell To know whether the buyer has good intentions or not, then there must be a way of measuring it, that is by finding out the activeness of the buyer, where the buyer is obliged to examine the material facts and the juridical facts of the object of the transaction. If the buyer has been actively researching related to the material facts of the object of the transaction, then he can be considered as a good-faith buyer who gets legal protection, To know whether the buyer is well or not, then there must be a way of measuring it, that is by finding out the liveliness of the buyer where the buyer is obliged to examine the material facts and juridical facts of the object of the transaction. If the buyer has actively examined the material facts related to the object of the transaction, then he may be considered a good-faith buyer who has legal protection Keywords: Legal Protection, Cancellation of Sale and Purchase of Land and Building
KONTRAK PEGADAIAN BARANG DAN JASA DI DINAS PEKERJAAN UMUM KABUPATEN BREBES DITINJAU DARI PRESPEKTIF KENOTARIATAN
Authors: Luqmanul Hakim Rizqi Iman Aulia , Maryanto Maryanto
Published: October 2020

The Goods and Services Procurement Agreement is a complex agreement because it regulates many aspects both legally and technically about the procurement process of goods and services, requiring further study in order to find the ideal contract format for procurement of goods and services in accordance with the needs and able to provide protection and certainty law for the parties that make it.The problems in this research are: 1) How is the legal force of the government procurement contract made under the hands? 2) How is Notary's role in making government procurement contracts? 3) How is the legal protection of the parties in the event of breach of contract (wanprestasi) that harms the State?Approach method used in this research is normative juridical approach method, this research specification is analytical descriptive, data source that is primary and secondary data, data collecting method use by library study, method of data analysis with qualitative analysis.Result of research: 1) Agreement under the hand signed by the parties concerned. Such an agreement is only binding on the parties to the treaty but has no binding power to a third party. 2) Notary's role in the manufacture of Government Procurement of Goods and Services Contract in the form of an authentic deed, According to Article 1 paragraph 1 of Law Number 2 Year 2014 Notary Public Notary: Public Notary is authorized to make authentic deeds and other powers as referred to in the Act, 3) The protection of the law shall be initiated by the obligation of the parties to enter into a procurement agreement of goods and services by containing the clauses already stipulated as one of the legal protection measures for the parties, in the charter agreement.Suggestions in this research is Need a good coordination between the assignor, contractor, planner and supervisor in the implementation pemborongan building. With good coordination, the implementation of building projects can be implemented efficiently, effectively and planned. Keywords: Contract, Goods And Services From, Notary's Perspective
KAJIAN HUKUM KEHARUSAN BAGI NOTARIS DAN PPAT YANG MERANGKAP JABATAN BERKEDUDUKAN DALAM SATU DAERAH ATAU WILAYAH KERJA
Authors: Aji Dewondaru Raden Hamengku , Ma’ruf Umar
Published: October 2020

View the establishment of notary formation and PPAT that have been set Based on their respective authorities, it appears that a notary can Concurrent PPAT as long as in one working area within the territory of office Notary Public. This is the author's interest to study about duplicate Position, because it does not close the possibility will happen Dual positions between Notary and PPAT which not one office but still One area of notary public. So this discourse needs to be studied in order to be able Known the possible impact that will appear.The formulation of the problem in this research are: 1.) Why are there any provisions that require notary work area / region and PPAT in one area / work area? 2.) What are the consequences or sanctions faced by a notary who holds PPAT if it is not domiciled in one territory / Working Area and 3.) What is the action done by the Honorary Assembly if the notary concurrent with PPAT is not domiciled in the same work area. The method used in this research is the normative juridical approach, the type of normative legal research. The source of the data is the secondary data. Technique of collecting data with bibliography, method of analysis by using method of qualitative data analysis. Problems are analyzed with the theory of benefit and the theory of justiceBased on the result of this research, it can be concluded 1.) Reason requiring Regional / Working Areas of Notary and PPAT in One Region / Working Area is in accordance with the Law on Notary Position and Government Regulation Number 37 Year 1998 About PPAT Regulation. 2.) Result or sanction faced by a Notary who concurrently PPAT if not domiciled in one region / work area. Legal effect to Notary Deed, the deed is null and void or can be canceled. Notary deed may be canceled because if there is a lawsuit from the parties mentioned in the deed to cancel notary deed and Legal Effect on Notary's Office. 3.) Acts Conducted by Honorary Council If Notary Accepting PPAT Not Domiciled In The Same Working Area gives warning and witness or revocation of permit. Keywords: Multiple Position, Region / Working Area, Notary and PPAT
KONSEP IDEAL PEMBUATAN AKTA PERJANJIAN KERJA OUTSOURCING WAKTU TERTENTU (STUDI DI BANK JATENG)
Authors: Indrawati Chrys Wahyu , Sukarmi Sukarmi
Published: October 2020

Research on "The Ideal Concept of Establishing a Deed of Working Outsourcing of Certain Time (Study In Bank Jateng)" aims to know and analyze outsourcing agreement for certain time in Bank Central Java still cause uncertainty to employees and the ideal concept of employee outsourcing agreement certain time. This research approaches sociological jurisprudence and data collection through interviews, document studies and bibliography, as well as qualitative data analysis.Establishment of Deed of Working Agreement of Outsourcing of Certain Time in Central Java Bank has not applied the principle of freedom of full contract or using standard agreement. The employment agreement still creates uncertainty for employees because of employment agreements such as provisions requiring employees to submit an original diploma that leads to uncertain employee futures because employees do not have a chance to find another job better and there is no provision for contract renewal. In addition, there is still the influence of Central Java Bank in the work agreement between the providers of labor with workers whereas Central Java Bank is not a party to the agreement or the worker has no legal relationship with the Central Java bank. The effect is in terms of placement of labor and the termination of the employment agreement and the absence of a guarantee whether the workers will work continuously on the employment provider. Barriers to employees who have completed a certain time outsourcing agreement that is no term extension of the contract and Bank Central Java can not intervene directly on a certain time outsourcing agreement between PT Bhumi Elang Perkasa with labor security unit that is not renewed his contract period. The solution selects recruitment of contract employees who have completed certain time outsourcing agreements as permanent employees and extend the contract period in certain time outsourcing agreement in the provision of security unit personnel between PT Bhumi Elang Perkasa and Bank Jateng Ideally Employee Employee Outsourcing Working arrangements should consider the principles of the agreement, particularly the principle of freedom of contract. Although this is very difficult because of standard agreements that have been standard applied by the company because it is related and influenced by company regulations. Companies should provide a wider protection of labor to create a balanced working relationship. One effort that can be done is to provide an opportunity for the workforce to contribute to determine the contents of the agreement and or to approve or disapprove of certain things that may be done by both parties. One of the provisions that can be accommodated is the provision of the obligation to submit a diploma as a guarantee, the terms of the certainty of employment, and the working relationship between the provider of labor, the user labor and the labor itself.Keywords: Deed, Specific Time Working Agreement, outsourcing
PERAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH (PPAT) SEBAGAI PEJABAT PEMBUAT AKTA IKRAR WAKAF (PPAIW) DALAM PENDAFTARAN TANAH WAKAF UNTUK MEWUJUDKAN KEMASLAHATAN UMUM
Authors: Amirudin Abdullah , Khisni Akhmad
Published: October 2020

Wakaf is one manifestation of love to Allah SWT, seeking ridho 'by donating some of their possessions with the best treasure. Wakaf plays an important role in economic development so as to realize the benefit for all ummah. In practice there are still many of the wakif who have memakafkan some of his property and has been submitted to nadzir, but not yet on the list so that the waqf objects are not teradministrasi well and kebaradaanya still many who have not known its existence.Unregistered wakaf land has caused many problems in the community, such as the cancellation of wakaf land by the heirs as well as the exchange of wakaf land due to the development of many sectors both industrial expansion and construction of public places such as toll road development. The role of a notary publicly acting as an official of the land deed as the official of the deed of pledge of waqf in the registration of wakaf land lies in the making of the pledge of wakaf pledge, as the basis for registration of wakaf land to the national land agency. And the making of deed of exchange of bolsters and release of right to execution of land exchange of wakaf land, so that become base of perfect proof for public benefit. Keywords: notary, wakaf, deed.
PERAN NOTARIS SEBAGAI SAKSI DALAM PROSES PERADILAN PIDANA
Authors: Firmansyah Irawan Arief , Wahyuningsih Sri Endah
Published: October 2020

Research on "Notary's Role for Witnesses in Criminal Justice Process" to re-examine the authority of the Constitutional Court against notary notarization, the role of notary as the cost of criminal cases.MPD Regulation concerning notarial notes having domicile must be through MPD in accordance with Art. 66 (1) of Notary Act No. 30 Year. 2004 because it is not in line with the rules of Ps. 27 (1) and Psl. 28 D (1) of the 1945 Constitution on the equality of citizens' attitudes before the law in order to facilitate criminal justice for the realization of community justice. The role of a notary as a means in a criminal case is to provide information in accordance with the aspect of formal / material aspects of the deed which is the responsibility. Protection of a notary as a criminal offense after the release of the Constitutional Court verdict. 49 / PUU-X / 2012 is notary calling through Notary Board of Honor according to the provisions of Art. 66 Psl. UU no. 2 Yrs. 2014. In addition, the notary still gets an order from the rights and responsibilities of the notary public. Keywords: Notary, Witness, Criminal Case
Kewenangan Notaris Dalam Pembuatan Akta Otentik Berkaitan Dengan Kontrak Kerjasama
Authors: Maslikan Maslikan , Sukarmi Sukarmi
Published: October 2020

AbstrakDalam pasal 1 ayat (1) UU No 30 Tahun 2004 tentang Jabatan Notaris, Notaris  adalah pejabat umum yang berwenang untuk membuat akta otentik dan kewenangan lainnya sebagaimana dimaksud dalam undang-undang ini. Salah satu kewenangan notaris adalah membuat akta otentik, dimana hal tersebut sesuai dengan ketentuan dalam pasal 15 UU No 30 Tahun 2004 tentang Jabatan Notaris.Hal ini penulis mencoba menelaah kewenangan notaris dalam pembuatan akta otentik berkaitan dengan kontrak kerjasama.Peneitian ini menggunakan metode penelitian hukum normative, dimana pendekatan penelitian yang digunakan adalah pendekatan perundang-undangan dan pendekatan konseptual.Akta-akta yang dibuat oleh Notaris misalnya pedirian Perseroan Terbatas (PT), perubahan dan risalah umum pemegang saham, pendirian yayasan, pendirian bahan usaha-badan usaha lainnya, kuasa untuk menjual, perjanjian sewa menyewa, perjanjian jual beli, keterangan hak waris, wasiat, pendirian CV termasuk perubahannya, pengakuan utang, perjanjian kredit dan dan pemberian hak tanggungan, perjanjian kerjasama, kontrak kerja, segala bentuk perjanjian yang tidak dikecualikan kepada pejabat lain, oleh sebab itu akta yang berkaitan dengan kontrak kerjasama mutlak merupakan wewenang oleh sorang Notaris untuk membuat akta otentik tersebutKata Kunci : kewenangan notaris, akta otentik, kontrak kerjasama AbstractIn article 1 paragraph (1) of Law No 30 Year 2004 concerning Notary Public, Notary is a public official authorized to make authentic deed and other authority as referred to in this law. One of the authority of a notary is to make an authentic deed, which is in accordance with the provisions of Article 15 of Law No 30 Year 2004 regarding Notary Position.This author tries to examine the authority of notary in making authentic deed related to cooperation contract. This research uses normative law research method, where the research approach used is the approach of legislation and conceptual approach.Notarial deeds made by a Notary, such as the establishment of a Limited Liability Company (PT), general shareholder changes and minutes, establishment of foundations, establishment of materials of other business entities, authorization to sell, lease agreements, sale and purchase agreements, inheritance rights, , the establishment of the CV including amendments, recognition of debts, credit agreements and the granting of mortgages, cooperation agreements, contracts of employment, all forms of agreements not excluded to other officials, therefore deeds relating to the contract of cooperation are absolutely authorized by a Notary to make the authentic deedKeywords: notary authority, authentic deed, cooperation contract
Peranan PPAT Dalam Pensertifikatan Tanah Akibat Jual Beli
Authors: Puspa Sari Ratih Mega , Gunarto Gunarto
Published: October 2020

ABSTRACTDalam Pasal 1 Peraturan Pemerintah Republik Indonesia Nomor 24 tahun 2016 tentang Perubahan Atas Peraturan Pemerintah nomor 37 tahun 1998 tentang Peraturan Jabatan Pejabat Pembuat Akta Tanah ini yang dimaksud dengan Pejabat Pembuat Akta Tanah, selanjutnya disebut PPAT, adalah pejabat umum yang diberi kewenangan untuk membuat akta-akta otentik mengenai perbuatan hukum tertentu mengenai hak atas tanah atau Hak Milik atas Satuan Rumah Susun. Dan sejak berlakunya Pemerintah Peraturan Nomor 10 Tahun 1961 sebagaimana telah diperbaharui dengan Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah, jual beli atas tanah dilakukan oleh para pihak di hadapan PPAT yang bertugas membuat aktanya. Akta jual beli yang ditandatangani para pihak membuktikan telah terjadi pemindahan hak dari penjual kepada pembelinya dengan disertai pembayaran harganya, telah memenuhi syarat tunai dan menunjukkan secara nyata atau riil perbuatan hukum jual beli yang bersangkutan telah dilaksanakan. Akta tersebut membuktikan bahwa benar telah dilakukan perbuatan hukum pemindahan hak untuk selama-lamanya dan pembayaran harganya.Karena perbuatan hukum yang dilakukan merupakan perbuatan hukum pemindahan hak, maka akta tersebut membuktikan bahwa penerima hak (pembeli) sudah menjadi pemegang haknya yang baru .Kata kunci : Pejabat pembuat akta tanah, Akta Jual Beli Tanah ABSTRACTIn Article 1 of the Government Regulation of the Republic of Indonesia Number 24 of 2016 on Amendment to Government Regulation No. 37 of 1998 on the Regulation of the Official of the Author of the Land Deed as meant by the Land Deed Authority Officer, hereinafter referred to as PPAT, is a public official authorized to make the deed- authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. And since the enactment of Government Regulation Number 10 Year 1961 as has been updated with Government Regulation No. 24 of 1997 on Land Registration, the sale and purchase of land carried out by the parties in the presence of PPAT in charge of making the act. The sale and purchase deed signed by the parties proves that there has been a transfer of rights from the seller to the purchaser, accompanied by the payment of the price, has met the cash requirements and shows the real or real deed of the sale and purchase law concerned has been executed. The deed proves that the right to have done the legal act of transfer of rights for ever and the payment of the price. Because the legal act is done is a legal act of transfer of rights, then the deed proves that the recipient of the right (buyer) has become the new rights holder.Keyword : Land Deed Official ,The Deed Of Sale And Purchase Of Land
Land Dispute Settlement Through Mediation In The Regional Land Office In Boyolali Regency
Authors: Sarsono Sarsono , Abdul Chalim Munsharif
Published: October 2020

This study aims to describe the settlement of land disputes through mediation conducted in Regional Land Office of Boyolali Regency, and the obstacles encountered in settling land disputes through mediation. So, it can provide additional knowledge for anyone who reads it. The problem formulation in this research is how the role of the land office in order to settle the land dispute mediation in the Land Office of Boyolali Regency and what are the constraints of the mediation in land disputes in the Land Office of Boyolali Regency. This research is a legal juridical empirical research or legal sociology research. It it kind of research that analyzes a problem by combining secondary data (legislation) with primary data obtained in the field. The result of this research is that the role of Land Affair Office of Boyolali Regency in the effort of settling land dispute through mediation is as mediator who is responsible for assisting the parties in dispute to produce agreement received by the all parties. The parties assist to end up the dispute, then pour the result of mediation into the Minutes of Mediation. In the event of mediation, when the agreement is reached, the parties are willing to implement the mediation decision. However, if in mediation is not reached agreement, the District Office of Boyolali Regency will invites the parties to process through litigation (court). In the implementation of mediation at the Land Office of Boyolali Regency, there are obstacles, namely: (1) The absence of the parties in dispute, (2) there is no good intentions from each party in dispute, (3) Differences in ability and education among the parties, (4) The role of Land Office of Boyolali Regency is only as mediator, it cannot be as a decision maker/court.Keywords: Settlement Of Land Dispute, Mediation, Land Office.
Legal Review On Auction Sales Of Mortgage Rights Object On Agricultural Land And Its Registration
Authors: Hardiansah Hardiansah , Purnawan Amin
Published: October 2020

Agrarian Law is one of the legal materials that are directly related to the livelihood of every individual society and the order of life of Indonesian society. The citizens until now are still very dependent on the activities and efforts that mostly work as agrarian, so that the land is one of Agrarian object which is the support and hope for every individual society in order to carry out a prosperous life order. The process of selling the land is divided into two ways: general sales and special sales by auction conducted by the State Property Office and Auction. This auction is conducted in the framework of repayment of debt secured by mortgage rights. This matter is regulated in Act No. 4 Of 1996 concerning Land Mortgage Rights and Objects Related to the Land and Regulation of Minister of Finance Number 27/PMK.06/2016 concerning Guideline for Auction Implementation of Auction or public sale is a part of the occurrence the transfer of rights. According to Article 41 paragraph (1) of Government Regulation No. 24 of 1997 concerning Land Registration explains that the transfer of rights through auction can only be registered if it is proven by quotation of auction minutes made by auction officials.Keywords: Auction Sales; Mortgage Right Objects; Land Registration.
Roles And Responsibilities Of Land Agreement Official Tax Administration BPHTB in The Sale And Purchase Transactions Over Land And Building In Semarang
Authors: Dilla Zahirani Armina , Witasari Aryani
Published: October 2020

On Article 91 paragraph 1 of Act No. 28 of 2009 on Local Taxes and Levies otherwise PPAT can only sign the agreement of transfer of rights to land and or building after the taxpayer to submit proof of payment of taxes, in the form of Tax Payment (SSP) of the Sellers and Slip Tax on Acquisition of Land and Building (SSB) of the Purchaser, The question that arises from this problem is: What is the Role and Responsibility of the Agreement Official Land in Tax Administration BPHTB Transaction Purchase land or buildings in the city, How Procedure of Tax Administration BPHTB of the transaction Purchase land or buildings in the city, Constraints and Fighting in BPHTB Tax Administration on Sale and Purchase Transactions land and or building in the city of Semarang. Juridical approach method using empiris.Data used are primary and secondary data. Methods of data collection using interviews and literature. Methods of data analysis using qualitative analysis.The location was selected the city, for the samples taken 2 PPAT, Regional Revenue Agency Semarang and 2 taxpayers. The sampling technique was conducted by purposive sampling. Tools data collection conducted by interviews and document study.Keywords: PPAT; Acquisition of Land and Building (BPHTB); Purchase.
Roles and Responsibilities of Notary in Making the Results Agreement of Criminal Sanctions
Authors: Basya Husni , Wahyuningsih Sri Endah
Published: October 2020

Notary institutions emerge from the growing needs of society today. Which requires evidence of the relationship existing civil law and / or between them, the general rule as to where and when the law demands it or it is desired by the community, to make written evidence that has authentic power. On 16 June 1925, out instructions to the Notary who practice in Indonesia, instruction, which contains 10 articles containing provisions that a Public notary before the first practice was sworn in. Notary Oath become a necessity of Principles of Public Law (Publiek Rechtelijk Beginsel): "That a public official before running its position as legally must take the oath first, if not it is not legitimate to run its position despite being lifted. "Oath Notary at Notary Act No. 2 of 2014 provided for in Article 4 to Article 7, while Article 17 Regulation of the contents oath Notary amended by Regulation No. 11 of 1949 has been repealed with the enactment UUJN. In the UUJN article 1, paragraph 1 Notary is a public official authorized to make an authentic agreement and other authorities referred to in this Act. Agreement of Notary must have the strength of evidence was authentic anyway, because according to article 1870 of the Civil Code authentic agreement must give them the parties and their heirs or persons who have the right of them a perfect evidence about what is contained in the agreement that the force formal and substantive evidence.Keywords: History of Notaries; Notary Oath; Criminal Sanctions.
Land Assurance Process Execution Property Rights Of Indigenous Which Still In The Application Process Rights Used As Credit Guarantee
Authors: Hardwianto Daniel Budi , Khisni Akhmad
Published: October 2020

This study examines the weaknesses in the execution process guarantee of property rights of indigenous land is a wedge legal certainty between Debtor and Creditor. The study also describes some of the views that aims to provide a solution to a process execution guarantee of property rights of indigenous land is still in the process of increasing the rights as loan collateral. This study uses normative juridical research method, namely the use of library materials or secondary data as the basis for research related to the Security Law, Contract Law and Land Law, as well as interviews with several parties. This study is a study that aims to find the problems as a result of activities or programs that have been implemented or may be called as a research Prescriptive. Credit Guarantees of property rights in land there is very risky because there is no umbrella law on which the creditor to carry out the execution process if the Borrower defaults, so it is necessary rigor in the process of granting the Credit Guarantee. Indigenous land rights certainly has weaknesses in its status because it has not been registered at the land office. With the weakness and absence umbrella clear laws that, it needed the additional requirements of the creditors if it wants to receive Guarantee Credit in the form of land property rights of indigenous in order to guarantee legal certainty in the execution process guarantees, one of the solutions that can be taken is to increase the land status become ownership Right.Keywords: Excecution Land Security; Indigenous Property Rights; The Application Rights; Credit Guarantees.
Fiduciary Agreement Implementation in Car Credit Agreement on Financing Institutions of Mandiri Finance of Cirebon Based on Act No. 42 of 199 About Fiduciary
Authors: Alrawi Ardiansyah , Gunarto Gunarto
Published: October 2020

The emergence of various institutions today's economy helped spur the economy of the community. But unfortunately the growth of the economic institutions are not supported by an adequate legal development. The presence of various financial institutions helped bring a major role in economic development of society, especially the poor. These financial institutions emerged as a form of providing funds or capital goods for the public to purchase goods on payment in installments or periodically by consumers. Construction consumer finance based on an agreement with the principle of freedom of contract as legal bases for both parties. In practice financing undertaken by financial institutions poured in the form of a credit agreement. In each of providing credit to their customers finance institutions always face a risk, therefore the customer's business situation and developments to be followed continuously starts the moment the credit is given to the loan. As for giving legal protection to the parties in the process of providing collateral (guarantee), then one of them is with the enactment of Law Fiduciary. Implementation of lending followed by a fiduciary assurance processes at financial institutions in the city of Cirebon most important is the legal effect if the Borrower defaults which are expected to creditors (financial institutions) can be easily exercised fiduciary object. Constraints faced in a fiduciary guarantee is as follows: a. Any cost of making a deed by the Borrower felt heavy, incomplete b. Any requirements of the Borrower to elaborate on the type, brand and quality of the fiduciary object, c. The office registration still limited fiduciary, fiduciary registration e. The office could not provide information on everything about the guarantee with the issuance.Keywords: Financing Institution, Credit Agreements, Fiduciary.
The Implementation of The Land Right Transfer Registration According to Letter Citation in Jatibogor Village, Suradadi - Tegal
Authors: Tsekhudin Ahmad , Ma'ruf Umar
Published: October 2020

According to the certainty on the material law, the definition of transfer of land right is the transfer of old owner to the new one. There are 2 (two) ways of the transfer of land right, which are to transfer and being transferred. To transfer means the transfer of land right without any legal action done by the owner, for example by the hereditarily. While being transferred refers to the transfer of the land through the legal action by the owner, for example by the purchase and sale. According to Paragraph 37 Article 1 Government Regulation Number 24 the Of 1997, it is stated that the Transfer of land right done by making the deed by Land Titles Registrar, so the transfer deed of land transfer will have a strong proof as a deed in the court system and a deed as the base of issuing the ownership certificate. The registration of the land as Government Regulation Number 24 the Of 1997 aims to give the legal certainty and legal protection to the right holder of the land, apartment units and other registered rights so it can easily prove that himself/herself is the right holder. On the other hand, we also acknowledge the registration of land tax, such as pipil-girik, petok, letter C, which is done by the Tax Office in Java Island. Due to there are still some lands in Indonesia that aren’t registered yet around society.Keywords: The Transfer of A Land Right; Registration; Letter D
Implementation Of Mudharaba Agreement In PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch Of Semarang
Authors: Zahroh Suciani Fiana , Witasari Aryani
Published: October 2020

This study aims to conduct a study that jurisdiction over on mudharabah at. Bank Tabungan Negara (BTN) Tbk. SBU Branch of Semarang and to know mudharabah implementation constraints on PT. Bank BTN Tbk. SBU Branch of Semarang and how to overcome them. The research method used is normative, the source of the data used are secondary data gathered through identification and inventory of legislation and library books interviews as supporting data, then the data is analyzed by qualitative normative method.Based on the results of research and discussion we concluded that the Agreement Mudharabah is a partnership contract by PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch of Semarang to customers of PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) Branch of Semarang as shahibul maal finance, hundred percent of funds to the client (mudharib). Implementation mudharabah in PT. Bank Tabungan Negara (BTN) Tbk. Sharia Business Unit (SBU) the new branch also complies with Islamic legal theory and the theory of legal certainty.Keywords: Mudharabah; Islamic Banking.
The Implementation Of Borrowing Money Agreement With The Guarantee Of Movement Object In PT. Pegadaian (Persero) Branch Of Subang Based On Act No. 42 Of 1999 On Fiduciary
Authors: Marlina Erwin , Khisni Akhmad
Published: October 2020

The purpose of this research is to know and understand the implementation of the agreement to borrow against moving objects Pegadaian of Subang district connected by Act No. 42 of 1999 on Fiduciary, and the constraints faced by Pegadaian of Subang district in the implementation of the agreement to borrow money secured against moving objects associated with Act No. 42 Of 1999 regarding Fiduciary, and solutions. Based on the results of data analysis can be concluded that: First,Implementation of the Money Lending and Borrowing Agreement with the guarantee of Moving Bodies PT. Pegadaian (Persero) is not in accordance with the provisions of Article 1320 and Article 1338 of the Civil Code, as the substance of the agreement is determined unilaterally by PT. Pegadaian (Persero) and very burdensome customers, whereall costs related to the disbursement of the loan and the auction process is borne by the customer, including if the customer requires registration, fiduciary, but most refused to register fiduciary because of the extra charge (additional costs to be borne by the customer and the need for immediate disbursement of credit requires a long time. this is contrary to Act No. 42 Of 1999 regarding Fiduciary. Secondly, the constraint faced by PT. Pegadaian (Persero) Branch of Subang in the Implementation Agreement with Collateral Borrowing Money on Moving objects are need customers defaulting party (broken promises). One type of breach committed by the debtor PT. Pegadaian (Persero) Branch of Subang is overdue, the delay in the implementation of the payment obligations on time specified in the agreement lending and borrowing. Solution by PT. Pegadaian (Persero) Branch of Subang is doingpersuasive efforts, Somasi (warning), withdrawal and auction the collateral in accordance with Act No. 42 of 1999 on Fiduciary.Keywords: Implementation Agreement; Moving Objects Guarantee; PT Pegadaian.
The Notary Role / PPAT in Improving Legal Awareness Society to Perform Registration Rights to Land Based on Government Regulation No. 24 of 1997 on Land Registration
Authors: Widyawati Widyawati , Handoko Widhi
Published: October 2020

The purpose of this study: 1) to analyze the Notary role / PPAT in raising legal awareness in the registration of land rights in Pati Regency, according to Government Regulation No. 24 of 1997 on Land Registration. 2) to analyze the obstacles and solutions role of the Notary / PPAT in increasing of public awareness for the registration of land rights in Pati regency. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: the role of the Notary / PPAT in increasing of public awareness for the registration of land rights in Pati Regency, according to Regulation No. 24 of 1997 on Land Registration can be said to have not been successful, due to the lack of socialization of Notary / PPAT up to the suburbs Pati city where people still common law. Barriers Notary / PPAT in increasing of public awareness for the registration of land rights in Pati regency namely external and internal factors. The solution Notaries should cooperate with other parties for the success of socialization, such as cooperation with the press.Keywords: Notary Role; Socialization; Legal Understanding.
Implementation of Government Authority of Semarang City On State Land Tenure (Case Study in Kebonharjo village of Tanjung Mas)
Authors: Yahya Ahmad , Gunarto Gunarto
Published: October 2020

The purpose of this study was to: 1). To analyze the implementation of goverment authority Semarang to State land tenure. 2). To analyze the weaknesses of the implementation of goverment authority Semarang to State land tenure. 3). To analyze the solutions of the weaknesses of the implementation of goverment authority Semarang to State land tenure. This research uses empirical research with the sociological approach. Collecting data using primary legal materials and secondary data were collected through observation, interviews and studies of legal documents. Data analysis is done qualitatively, what respondents expressed orally or in writing, and their actual behavior are researched and studied as a part of the whole.Based on the results penelitaan, then obtained some results conclusions; (1). Implementation of Semarang city government authority does not comply with the authority is in this regard is the acquisition of state land that the land is basically controlled by or under control of juridical by PT. KAI and an asset of Ministry of Finance. (2). Weaknesses of implementation of goverment authority Semarang toward mastery of state land that is;First an error in exercising authority and policies implemented by the previous Mayor with the Chief Daop IV Semarang. Both lack of legal certainty over the ownership rights to the land, so that their certificates canceled citizens of the State Administrative Court which considered disabled Semarang administration. Thirdly absence of justice and legal protection against their certificates of citizens, so that between PT. KAI and residents to date on the status of each claim ownership of the land. (3). The solution of the weaknesses that arise in the implementation of goverment authority Semarang toward mastery of state land that is; Semarang city government first sought mediation between citizens and PT. KAI. Both governments Semarang to seek their compensation from PT. KAI to citizens affected. Semarang three governments seeking their relocation and providing temporary shelter for residents.Keywords: Implementation; Government Authority; State Land.
Procedure for Obtaining a Certificate of Title to the Land in the Semarang: Case Study in the National Land Agency Semarang
Authors: Ika Pratiwi Niken Windy , Abdul Chalim Munsharif
Published: October 2020

The background of this thesis-making by the problems that occur in the community, where people are still not or do not understand the procedures milik.Terbukti acquire rights to their land dispute or a state-owned building that happened because the people who inhabit this land are not applying for property rights and feel that the land itself. Scription this is made so that people understand about the procedures for securing property rights. Results: (1) Procedures of obtaining the certificate is property rights on state land through the National Land Agency, is generally set in the norm of the Minister of Agriculture No. 9 of 1999 on Procedures for Granting and Cancellation of State Land Property Rights and Rights Management. In Article 19 paragraph (2) BAL consisting of: bookkeeping land, registration of property rights, transfer of land rights, granting letters of proof of receipt of rights, (2) Barriers and solusiyang arising from applicant in the application process right (external): lack of accessories the proposed requirements of the applicant, not terselesainya application fee, the land dispute would be applied. Barriers arising from the Office of the (internal): lack of personnel in the service of the applicant carefully situations, employees who lack discipline, negligence of officers in performing their duties. Solution resistance of the applicant (external): more thoroughly before entering the application requirements, before making an application should first ask for details of funds in the process of granting the right, please check whether the land is in sengeketa or not. Solution barriers of Office (internal): officers should be more responsible in performing their duties, and provide a deterrent effect to employees who are lazy in performing their duties.Keywords: Procedures; Certificate of Property Rights; State land.
Analysis Of Nullification And Cancellation Of Notary Deed In The Perspective Of Act No. 2 Of 2014 On Notary
Authors: Nindy Lestari Devi , Hanim Lathifah
Published: October 2020

The purpose of this study was to: 1) to assess and analyze the implementation of nullification and cancellation Deed in the perspective of Act No. 2 of 2014 concerning Notary, 2) to assess the implications of the law, and 3) to identify and analyze the barriers and solutions regarding nullification and cancellation of the Deed. The data used in this study are primary data, secondary data, and data that can uphold tertiary study, which was then analyzed by descriptive analytic method.Based on the results of data analysis can be concluded that: 1) notarial deed nullification and cancellation can occur for non-fulfillment of objective conditions; terpenuhiya not subjective terms of a contract, and can be canceled by the parties themselves. 2) The legal implications as a result of nullification and cancellation Deed is a notarial deed which can be canceled by the parties themselves, the notarial deed null and void, the notarial deed only has the strength of evidence deed under hand. 3) Obstacles and solutions that not all Notaries know and understand the terms of authenticity, validity and causes nullification and cancellation of a notarial deed. Notaries who do not understand the need to study the causes nullification and cancellation deed refers mainly to provisions UUJN and the Civil Code.Keywords: Deed; Nullification and Cancellation.
Legal Consequence on Certificate of Property Publishing By the National Land Agency for Unauthorized Purchase
Authors: Setyo Aji Ari , Ma’ruf Umar
Published: October 2020

The purpose of this study was to analyze: 1)To know and explain about factors which causes of invalidity of buying and selling land. 2) To determine the position of court cases 06 / Pdt.G / 2017 / PN.Btg and legal considerations the judges in deciding the case a quo. 3) To know and analyze the legal consequences of the issuance of certificates of property rights by the National pertananahan body over the unauthorized purchase has no legal force and is against the law in a civil case No.06 / Pdt.G / 20017 / PN.Btg, The approach method in this research is the socio-juridical. The data used are primary and secondary data obtained through interviews and literature, while the data analysis conducted Qualitative AnalysisResults of the research can be concluded: 1) that the sale and purchase of land especially to land inheritance, should involve and seek approval to all heirs. 2) that the sale and purchase of land inheritance that does not involve all the heirs then selling the land becomes invalid so that Mutatis Mutandis certificate publishing rights Illegitimate and Cancel by the Law. 1) that also challenged that the plaintiff must file a lawsuit prior to the Parties involved in the process of buying and selling land inheritance, from the Seller, Buyer, PPAT, and the Land Office as a party to issue a Certificate of Rights Reserved. The solution that should PPAT and Land Office to socialize, it aims to provide insight to the public especially to the sale and purchase of land.Keywords: Legal Consequence; Certificate; Property ;ublishing; Unauthorized Purchase.
Judicial Review Implementation On Dissenters Notary Rights In Making Deeds
Authors: Istiqlaly Binta , Ma’ruf Umar
Published: October 2020

The purpose of this study was to: 1) Knowing and analyzing on the Implementation of the Right Dissenters in the Making Notary Deed. 2) To determine and analyze about the obstacle Notaries in Implementing Dissenters rights. The method used in this research is the empirical jurisdiction. Adopting legislation, learning materials primary and secondary law. The technique of collecting data using interviews and literature study and data analysis techniques qualitative analysis using descriptive analysis decomposition.After doing research Juridical Review of Implementation of the Right Dissenters In the Manufacture Notary Deed to a conclusion that is Implementation of the Dissenters rights in the Making Notary Deed is basically the right to withdraw from testifying upfront Court in Civil and Criminal problem. Implementation of the right of refusal notaries in practice, if it turns out the notary as a witness or a suspect, defendant, or in the examination by the Board of Trustees Notary divulge and provide information/statements should shall be kept confidential, while legislation is not ordered, then the complaint filed by parties who feel aggrieved can sue the notary.As well as Obstacles Notaries in options or Use Dissenters rights in the Making Deed is faced by a notary public in using the right of refusal which are the Assembly, Regional Supervisor (MPD) approved the request of the police in the inspection of a notary public, a notary unable to escape to does not provide information because the police already have the recommendation of the Supervisory Council of Regions (MPD). Another constraint is that if the investigating authorities in this case the police use forceful measures with the reason for the interest of the investigation, the notary can not usually be avoided by reason of use right of refusal because the police could have used the excuse that the notary was not cooperative in providing information regarding the deed he made , so that the police do a forced effort.Keywords: Dissenters Rights, Notary and Deed.
Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law
Authors: Jefry Arif Bahtiar , Hanim Lathifah
Published: October 2020

Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in making authentic act and Article 1320 paragraph (3) and (4) of the Civil Code which is the objective conditions in performing an agreement, which is about a certain thing and the cause or causes of the allowed. In UUJN that as a notary in running his offense is proven, the notary must responsibility by way of sanction or sanctions, in the form of civil sanctions, administrative sanctions, criminal sanctions, the code of conduct or a combination of office notary witnesses. In Article 84 UUJN which reads: Actions violations committed by the notary of the provisions referred to in Article 16 paragraph (1) letter i, Article 16 paragraph (1) letter k, Article 41, Article 44, Article 48, Article 49, Article 50 Article 51 or Article 52 that resulted in a deed only has the strength of evidence as the deed under the hand or a certificate becomes null and void may be the reason for the injured party to demand reimbursement of losses, damages, and interest to the notary.Keywords: Notary Deed, Canceled, Cancel By The Law, Responsibility, Notary.