Law Commons^™

Kedudukan Dan Akibat Hukum Akta Perjanjian Pengikatan Jual Beli Tanah Yang Didasarkan Pada Utang Piutang (Studi Putusan Mahkamah Agung Nomor 2136 K/Pdt/2022), Melati Pertiwi, Sonyedah Retnaningsih, Alwesius .

Indonesian Notary

This research is motivated by the fact that the use of Deeds of Land Sale and Purchase Agreements is still found as collateral for repayment of debts and receivables. According to the third paragraph number 5 (five) of Law number 4 of 1996 concerning Mortgage Rights over Land and Objects Related to Land, the only institution of collateral rights over land is mortgage rights. Thus, guaranteeing land using a deed of sale and purchase agreement made before a notary raises legal issues, namely regarding the position and legal consequences of a deed of sale and purchase agreement which is based …

Tanggung Jawab Notaris Terhadap Formalitas Akta Yang Dibuat Tanpa Kehadiran Penghadap (Studi Putusan Pengadilan Tinggi Denpasar Nomor 144/Pdt/2021/Pt Dps), Mayang Fitria Putri Deslin, Tiurma Mangihut Pitta Allagan

Indonesian Notary

Notary as public officials authorized to make authentic deeds have responsibilities for their authority, namely the notary's responsibility for the deeds he makes as regulated in the UUJN and moral responsibilities towards his profession as regulated in the Notary Code of Ethics. An authentic deed made by or before a Notary can be used as evidence in proving a legal dispute. However, in reality there were violations committed by the notary regarding the formality of the deed as found in the case of the Denpasar High Court Decision Number 144/PDT/2021/PT DPS. The focus of this research is to analyze violations …

Kedudukan Pembeli Beritikad Baik Dalam Sengketa Jual Beli Tanah (Studi Kasus Putusan Mahkamah Agung Nomor 3540k/Pdt/2019), Maxwell Kurniadi, Febby Mutiara Nelson, Pieter Everhardus Latumeten

Indonesian Notary

Pipil is a form of tax imposition letter on land which is considered an old right to land ownership before the enactment of Law Number 5 of 1960 concerning Agrarian Principles by indigenous peoples. Old land rights with minimal ownership information and not registered with the National Land Agency often become easy targets for criminals to control land "legally" by committing fraud in one of the land registration requirements for the first time. This unlawful act was carried out by the perpetrator with the aim of making a profit through buying and selling land to a third party as a …

Pembatalan Ppjb Rusun Sebagai Upaya Hukum Atas Izin Amdal Yang Belum Terbit (Putusan Mahkamah Agung Republik Indonesia No. 3870 K/Pdt/2022), Maggie Felicia Soelisthio, Fully Handayani Ridwan

Indonesian Notary

Unissued EIA permit leads to the cancellation of flat sales and purchase agreement made either in front of a Notary or privately. The core problem lies in the legal implications of canceling these SPAs in accordance with Indonesian land law. This research delves into the analysis of the judge's considerations regarding the cancellation of flat SPAs as a legal remedy for the absence of an EIA permit, as per Supreme Court Decision 3870 K/Pdt/2022. Employing a doctrinal research approach, this study scrutinizes court verdicts by examining legal materials related to real estate transactions, SPAs, and flats. The findings of this …

Analisis Peralihan Hak Atas Tanah Berdasarkan Akta Kuasa Menjual Palsu (Studi Putusan Pengadilan Negeri Jakarta Selatan Nomor 157/Pid.B/2022/Pn Jkt.Sel), Matthew Setiabudhi, Priskila Pratita Penasthika, Chairunnisa Said Selenggang

Indonesian Notary

One of the ways to transfer land rights is through sale and purchase. A sale and purchase can be recognized as valid if a Deed of Sale and Purchase is made by a Land Deed Official. In practice, a sale and purchase cannot always be done immediately, but can be preceded by a Sale and Purchase Agreement. If the Buyer is unable to be present when signing the Sale and Purchase Deed, the Buyer can make a Power of Attorney Deed. The subject matter raised is the legal consequences of the transfer of land rights based on a forged Power …

Akibat Hukum Terhadap Akta Jual Beli Peralihan Hak Atas Tanah Yang Dibuat Secara Melawan Hukum (Studi Putusan Mahkamah Agung Nomor 1869k/Pdt/2022), Maena Vianny, Antarin Prasanthi Sigit, Maruhum Lumban Tobing

Indonesian Notary

One of the legal actions to transfer land rights can be carried out through sale and purchase, which is then made an authentic deed by a Land Deed Official (PPAT) authorized to transfer to the new right holder by the Government Regulation Number 24 of 1997 regarding Land Registration. However, in reality, there are Land Title Deeds made by unauthorized parties as found in the case of Supreme Court Decision Number 1869K/PDT/2022. The main problem discussed in this thesis is related to the tort of law in the process of making AJB in order to transfer land rights to new …

Peranan Notaris Terhadap Perubahan Susunan Pemegang Saham Yang Dilakukan Dengan Pengembalian Setoran Saham Melalui Mekanisme Penitipan (Studi Putusan Mahkamah Agung Ri Nomor 46 Pk/Pdt/2022), Mafirdha Windyani, Heru Susetyo, Sri Widyawati

Indonesian Notary

The transfer of rights to shares cannot be submitted with a request for entrustment through the court like a request according to Article 1404 in the Civil Code, but must be carried out in accordance with the Articles of Association and Law Number 40 of 2007 concerning Limited Liability Companies. This research analyzes the implementation of changes in the company's shareholders to terminate the engagement between shareholders and the role and responsibility of notaries in transferring rights to shares whose payment is made by a custody mechanism. This research was prepared using the doctrinal research method. Through this research, it …

Penerbitan Sertipikat Pengganti Dan Perlindungan Hukumterhadap Pemegang Sertipikat Pengganti Karena Hilang Guna Menciptakan Kepastian Hukum (Studi Pada Kantor Pertanahan Kabupaten Batu Bara Sumatera Utara), Dodi Naufal Rizki, Muhammad Sofyan Pulungan, Enny Koeswarni

Indonesian Notary

This research analyzes the issuance of replacement certificates of land rights due to loss as well as legal protection for replacement certificate holders to create legal certainty. The issues raised in this research are regarding the process of issuing replacement certificates of land rights due to loss in order to avoid land disputes and conflicts and regarding the position of replacement certificates due to loss as well as legal protection for rights holders of replacement certificates in order to create legal certainty regarding land rights. The method used in this research is doctrinal research with analytical descriptive research type. The …

Tanggung Jawab Pejabat Pembuat Akta Tanah Terhadap Akta Jual Beli Atas Sertipikat Yang Dibatalkan Pendaftaran Peralihan Haknya (Studi Kasus Putusan Nomor 550/Pid.B/2021/Pn Jkt/Sel), Jami Allaidin, Muhammad Sofyan Pulungan, Enny Koeswarni

Indonesian Notary

Responsibility of the Land Deed Drafting Official (hereinafter referred to as PPAT) regarding sale and purchase deeds for certificates whose registration of transfer of rights has been cancelled. Cancellation of the registration of the transfer of a land title certificate due to administrative defects and/or legal defects based on the transfer of a sale and purchase deed in which there was an unlawful act by one of the parties, cannot be held accountable to the PPAT, but the limits of PPAT's liability must be taken into account. The formulation of the problem raised is the PPAT's responsibility for sale and …

Perbedaan Tanggung Jawab Antara Cyber Notary Dan Notaris Atas Pembuatan Akta Yang Didasari Identitas Palsu, Tamara Ratnasari, I Made Pria Dharsana

Indonesian Notary

The purpose of this analytic study is to analyze the responsibility of both Cyber Notary and Notary based on Notary Profession Act Number 2 of 2014 (UUJN) the act of identity forgery in the process of making the authentic deed and what is the legal impact that will occur including the validity of the deed and classification level of the evidence. This analysis research method used in this is normative juridical approach which examines the relevant laws and regulations, legal theories, studies and jurisprudence related to the discussion in this analysis. Normative legal research is a type of research that …

Akibat Hukum Terhadap Akta Jaminan Fidusia Dengan Objek Jaminan Fidusia Bukan Milik Pemberi Fidusia (Studi Putusan Pengadilan Tinggi Nomor 09/Pdt/2022/Pt Bjm), Indah Pratiwi Widyaningrum, Fernando M. Manullang, I Made Pria Dharsana

Indonesian Notary

In fiduciary guarantee, parties included is the grantor of the fiduciary, the recipient of the fiduciary, and fiduciary guarantee object. To make an object as fiduciary guarantee, the person must have the authority to act. It’s concluded that the grantor of the fiduciary is the owner of the guarantee object, due to the authority to hand over ownership rights is only owned by the owner. However, in practice, fraud can happen where the owner of the object doesn’t know that his object used as fiduciary guarantee by someone else in a fiduciary agreement. Problem raised in this research is the …

Kepastian Hukum Perjanjian Penanggungan Pribadi (Borgtocht) Secara Di Bawah Tangan Terkait Harta Bersama Perkawinan (Studi Putusan Pengadilan Tinggi Samarinda Nomor 173/Pdt/2020/Pt Smr), Indri Septiani, Fernando M. Manullang, I Made Pria Dharsana

Indonesian Notary

Personal Guarantee (borgtocht) which privately made deed without the consent of parther or wife, it supposed to be not ask for full coverage. The need for borgtocht in a debt just for additional (accesoir) not primary, will not exist and will always exist as long as the main agreement is still in effect. The additional guarantee will not always ask for borgtocht, it is also possible tto provide other material guarantee such as fiduciary, pledge, or mortgage. However, PT DPK as a creditor, a non-company, or a financial institution, cannot ask for additional collateral in the form of material guarantees. …

Makna Hukum Atas “Kelalaian” Notaris/Ppat Dalam Pembuatan Akta Ppjb Dan Ajb (Studi Putusan Pengadilan Negeri Bantul Nomor 5/Pdt.G/2023/Pn Btl), Graceilla Ribka Berliana Tuelah, Yuli Indrawati, Sri Widyawati

Indonesian Notary

Notaries and Land Deed Officials are obligated to follow established principles in their official duties, guided by written regulations such as the Notary Job Law, Notary Code of Ethics, Government Regulation Number 24 of 2016, and Ministerial Regulation Number 2 of 2018. Notaries are often accused of negligence, interpreted as unintentional, but not all cases involve unintentional actions; intentional elements can lead to wrongful acts. The lack of differentiation in legal sanctions between unintentionality and intentionality is due to the Civil Code. To address this issue, a doctrinal research method was employed, focusing on positive legal norms from secondary sources. …

Urgensi Keberadaan Pejabat Pembuat Akta Tanah Sementara Di Kabupaten Tangerang Ditinjau Dari Kompetensi Yang Dimiliki, Gabriel Amagadela, R. Ismala Dewi, Fx. Arsin Lukman

Indonesian Notary

Temporary PPAT is an automatically appointed position of a Sub-District Head to carry out the duties of a PPAT in making deeds in the area of his Government position if there are not enough PPATs in the area. The difference in competence with a Notarial PPAT makes the quality of Temporary PPAT questionable. The fulfillment of the formation of a PPAT in an area is also not a consideration in the appointment of a Temporary PPAT, as is the case in Tangerang Regency. This is the subject matter of this research, namely the comparison of the competencies possessed by Temporary …

Kedudukan Kuasa Direksi Dan Dewan Komisaris Dalam Menghadiri Rups Luar Biasa Dengan Agenda Pemberhentian Direksi Dan Dewan Komisaris (Analisis Putusan Mahkamah Agung Republik Indonesia Nomor 1787 K/Pdt/2021), Ghia Riezna, Sri Laksmi Anindita, Tjhong Sendrawan

Indonesian Notary

The Board of Directors and Commissioners in applying the principle of fiduciary duty should have good faith, be careful and full of responsibility in carrying out their obligations. In the dismissal of the Board of Directors and the Board of Commissioners as organs of PT that have a sense of responsibility, the nature of self-defense for their dismissal should be carried out personally without being authorized. This research aims to analyze the position of the power of attorney of the Board of Directors and Commissioners in attending the GMS with the agenda of dismissal of the Board of Directors and …

Keabsahan Perjanjian Novasi Subjektif Pasif Dalam Peralihan Kredit Pemilikan Rumah Di Bawah Tangan (Studi Putusan Nomor 17/Pdt.G/2020/Pn. Bks), Friska Elisabeth, Muhammad Sofyan Pulungan, Enny Koeswarni

Indonesian Notary

The transfer of rights to land and house buildings must be proven clearly and in writing, which in principle must be carried out clearly and in cash. Likewise, with the transfer of home ownership credit from the old debtor to the new debtor, this transfer needs to be carried out with the approval of the credit and involve an authorized official to make a proof of the transaction or transfer of ownership of land and buildings, regarding Verdict Number 17/Pdt.G/2020/PN.Bks. In this case Notary and/or PPAT (Land Deed Official) as an authorized official to make deeds related to land. This …

Kedudukan Hukum Keberadaan Sertipikat Dalam Penyimpanan Notaris Terkait Pembuatan Akta Pengikatan Jual Beli (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 630/K/Pdt/2023), Ferisa Nurfauziyah, Lidwina Inge Nurtjahyo, Chairunnisa Said Selenggang

Indonesian Notary

In the sale and purchase process related to land that has not fulfilled the sale and purchase requirements, a deed of sale and purchase binding will be carried out first. The agreement is carried out so that when the sale and purchase requirements have been met, a sale and purchase agreement can be carried out before an authorized official. In the case of important documents related to the sale and purchase process, they must be kept by a notary until the party entitled to the document knows, one of these important documents is the land title certificate. In the case …

Akibat Hukum Akta Pernyataan Keputusan Rapat Dari Rapat Umum Pemegang Saham Luar Biasa Yang Diselenggarakan Oleh Dewan Komisaris Yang Telah Berakhir Masa Jabatannya (Studi Putusan Nomor 2630 K/Pdt/2022), Fauzan Rahmat Ananda, Arman Nefi

Indonesian Notary

This article analyzes the validity of the Extraordinary General Meeting of Shareholders (EGMS) held by the Company's Board of Commissioners (BoC) whose term of office has expired, as well as legal consequences of Deed Statement of Meeting Decisions (PKR) made based on the EGMS. The problem is, the Notary that make PKR Deed based on EGMS did not check the Company's Articles of Association (CAA) first before make it, considering that the term of office BoC PT KSE which held the EGMS had ended. This article was using doctrinal research methods. The results show the EGMS held by BoC PT …

Keberlakuan Eigendom Verponding Pada Tanah Negara Yang Penguasaan Fisiknya Dikuasai Oleh Penggarap (Studi Putusan Peninjauan Kembali Nomor 109 Pk/Pdt/2022), Farah Diba Maharani, Teddy Anggoro

Indonesian Notary

The implementation of Eigendom Verponding in Indonesia is still the cause of many land disputes related to conversion activities based on rights based on eigendom. In this doctrinal research, secondary data is used which comes from laws and regulations relating to land. This research analyzes the legal status of land ownership on the basis of Eigendom Verponding which has not been converted and has become land under state control and is physically controlled by the cultivator and examines the judge's decision in decision number 109 PK/Pdt/2022 regarding the evidence in the civil case. Based on the research results, it was …

Pemberian Hak Pakai Pada Tanah Girik Berdasarkan Perspektif Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (Studi Putusan Pn Jakarta Barat No 386/Pdt.G/2019/Pn.Jkt.Brt), Fauzan Aziman Alhamidy, Yuli Indrawati

Indonesian Notary

A land title certificate is a strong proof of land ownership. After the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations, proof of land ownership in Indonesia must be registered in order to obtain a certificate. Girik is only proof of payment of tax on land, not proof of ownership of land rights. To become proof of ownership of the Girik land, it must first be upgraded to a land title certificate. Girik that is not upgraded has the potential for ownership disputes, as happened in the case in the West Jakarta District Court Decision Number …

Analisis Faktor-Faktor Penyebab Sengketa Hukum Rumah Negara, Faiza Khalifa, Hendriani Parwitasari, Aristo Pangaribuan

Indonesian Notary

State House disputes, especially over control of State Houses, occur due to several factors. These factors arise because of various reasons and causes. This article was prepared using doctrinal research methods. A State House is a facility that can be utilized by State Officials or Civil Servants to support housing needs in carrying out state duties. State Houses are divided into Class I, Class II and Class III State Houses, the use of which differs from one to another. The use of State Houses will be adjusted to the provisions of each status/class. Legal disputes regarding State Houses related to …

Kewajiban Notaris Atas Rahasia Jabatan Berkaitan Dengan Laporan Perpajakan (Analisis Kasus Notaris X Di Buleleng, Bali), Eveline Wijaya, Siti Hajati Hoesin, Pieter Everhardus Latumeten

Indonesian Notary

Notaries are obliged to maintain the deeds they make because of the existence of official secrets. Notaries are also one of the taxpayers who must fulfill all their obligations in terms of taxation, namely in paying and reporting their taxes in the form of an Annual Tax Return. This study analyzes the obligations of notaries in relation to the secret of office in connection with tax reporting to the tax service office in 2013-2016. This research uses doctrinal research methods in terms of descriptive analysis. The results of the study that the Notary is obliged to maintain the secrets of …

Kesesuaian Ketentuan Pemilik Manfaat Dengan Undang- Undang Yayasan, Elizabeth Michelle Fong, Ashoya Ratam, Rouli Anita Velentina

Indonesian Notary

There is a discrepancy in Foundation Law Number 28 of 2004 and Presidential Regulation No.13/2018 concerning the Application of the Principle of Benefits from Corporations in the Context of Preventing and Eradicating Crimes of Money Laundering and Terrorism Financing Crimes. Looking at the provisions in the Foundation Law which states that Foundation Organs may not receive profits, temporarily Beneficial Owner itself aims to identify the Beneficial Owner of the Foundation, this is of course contradictory because Foundation Organs are not allowed to receive any benefits. The research method used is doctrinal research with a prescriptive research typology, which is research …

Barriers To Legal Help In The Transgender Rights Movement, Alexander Chen, Amanda Goad, Jazzmun Crayton

Loyola Interdisciplinary Journal of Public Interest Law

This transcript was taken from the Loyola Interdisciplinary Journal of Public Interest Law's second annual panel at the LMU Loyola Law School Public Interest Palooza, hosted by the Loyola Public Interest Law Foundation on Saturday, March 23, 2024.

Panelists

Alexander Chen, Founding Director, Harvard Law School LGBTQ+ Advocacy Clinic

Amanda Goad, Audrey Irmas Director, LGBTQ, Gender, and Reproductive Justice Project, ACLU of Southern California

Jazzmun Crayton, Associate Director, Access to Prevention Advocacy Intervention and Treatment Health Center

Moderator

James Gilliam, Director of Career Development & Public Interest Programs, Western State College of Law; Adjunct Professor, LMU Loyola Law School; …

Towards A Legal Regulation To Withdraw Judicial Decisions In Jordanian Law, Alaa M. Alfawaeer, Ayman Al-Faouri

An-Najah University Journal for Research - B (Humanities)

This study aims to address the deficiencies within the Jordanian legal framework on the withdrawal of final judicial decisions. The issue arises from the absence of provisions in the Jordanian Code of Civil Procedure regulating the concept of withdrawing a judicial decision, specifying its conditions, procedures, and the competent court for retracting a procedurally defective judicial decision for which the litigants are not responsible. Additionally, the law does not stipulate a legal timeframe within which a request to withdraw the judicial decision must be submitted, nor does it outline the legal consequences resulting from such a decision. By employing a …

Practice Makes Perfect – Or At Least Better!, Joshua Levine

Library Staff Online Writings

This fall, I will teach my third semester of Advanced Legal Research at Cardozo School of Law. With the support of the library, I have learned a great deal about how to teach effectively over the past year. They gave me the opportunity to conduct a mock ALR class this summer, which helped me tremendously. In this post, I will describe my journey as a new adjunct professor.

Special Episode 2: Athletes Struggling With A Crisis Of Confidence, Sara Gras

Summer 2024 Special Episodes

This is the second of two special episodes about CrossFit’s cultural and organizational issues brought to light by the death of elite athlete Lazar Ðukic at the 2024 CrossFit Games. This episode features conversations with: Bob Boland (Faculty Profile) Assistant Professor of Law, Seton Hall Law Tim Carroll, Co-Owner of 908 Athletics and Endure Training Co. John Weeks, Owner and Head Coach of Tough Temple CrossFit John Wooley, CrossFit Affiliate owner, podcast host, YouTuber, memelord Additional Resources: Buttery Bros, Tragedy at the CrossFit Games, YouTube (Aug, 25, 2024). Michael Conklin, Two Classifications Enter, …

Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution

Brookings Mountain West Special Events

Mexico’s president-elect Claudia Sheinbaum will begin her six-year term in October as the U.S. presidential campaign enters its final stretch. How the next U.S. administration and Congress manage relations with new leadership in Mexico will affect border security, immigration policies, trade and energy relations, and counter-narcotics and anti-crime cooperation. What tools can policymakers in both countries use to advance positive outcomes? What are the opportunities and challenges that lie ahead for the United States and Mexico?

The Brookings Foreign Policy program in partnership with Brookings Mountain West at UNLV hosted a discussion on the state of U.S.-Mexico relations. Panelists analyzed …

Komparasi Pengawasan Bisnis Bank Digital Dan Bank Konvensional Berdasarkan Peraturan Perbankan Di Indonesia, Arifin Pringgo Laksono, Candra Wahyu Saputro, Ega Kesatrya Putra

Technology and Economics Law Journal

Digital transformation in Indonesia's banking industry has created new opportunities and challenges for the national financial system. The increase in digital banking transactions is supported by digital economic growth of USD 90 billion, reflecting significant changes in consumer preferences and banking structures. However, this pace of development has been accompanied by a 50% increase in cybersecurity incidents from 2021 to 2023, threatening public trust and financial system stability. Regulations set by the Financial Services Authority (OJK) through POJK No. 12/POJK.03/2021 and POJK No. 12/POJK.03/2018 have attempted to accommodate the needs of digital banks, but challenges in technology oversight, cybersecurity, and …

Liberalisasi Perbankan Dan Peranan Bank Asing Dalam Perbankan Di Indonesia, Afganovic Mujadid Ashilah, Alvianty Dwi Puspita, Alvin Persada Putera

Technology and Economics Law Journal

This study evaluates the impact of banking liberalization in Indonesia, particularly in relation to the presence of foreign banks, and compares the requirements for establishing foreign banks with those of other ASEAN countries. Using a doctrinal method, this study analyzes regulations and legislation, including Law No. 14 of 1967, Law No. 7 of 1994, and POJK No. 12/POJK.03/2021. The results of the study show that banking liberalization has brought significant benefits such as knowledge and technology transfer, increased competition, access to international markets, and economic stability. A concrete example is the role of foreign banks in rescuing troubled domestic banks …