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All Journal International Journal of Supply Chain Management Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana International Journal of Social Service and Research International Journal of Educational Review, Law And Social Sciences (IJERLAS) Notary Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Hukum Pidana dan Pembangunan Hukum Jurnal Hukum Prioris Reformasi Hukum Trisakti Kanun: Jurnal Ilmu Hukum Amicus Curiae LAWPASS Jurnal De Lege Ferenda Trisakti
Endang Pandamdari
Fakultas Hukum Universitas Trisakti
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Transportation Other

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GANTI RUGI BANGUNAN YANG DIDIRIKAN DIATAS TANAH SEWA MILIK PIHAK LAIN (STUDI PUTUSAN MAHKAMAH AGUNG NO.534/K/PDT/2016) Vitiamawan, Renaldo; Pandamdari, Endang
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8915

Abstract

In article 50 rule No. 1 of 2011 concerning building and Settlements reside or occupy the house while the right to inhabit the house can be: ownership or rent or not by way of rent, an agreement is an event wherein person promised for someone else or wherein the deuce people promised each other to carry out one thing. With such provisions it raises legal issues about how the compensation for buildings erected on land owned by another party (study of court decision angung No.534 / K / PDT / 2016)? Referring to that problem, the writer uses the actually everyone has the right to live or occupy the house, while the right to occupy the house can be: ownership or lease or not by leasing. However, an agreement must be made first based on statutory regulations, where the agreement made by verbally, in the case that the evidence must be witnessed by at least 2 people and the defendant cannot prove the truth of the rental agreement made verbally. thus it can be concluded that if you want to build a erect buildings on land not his, an agreement must be made first. The author suggests, if building a erect buildings on land not his, an agreement must be made first and it is better if the agreement is made in writing so that if problems occur, it can be used to defend the rights owned.
PERMOHONAN HAK GUNA BANGUNAN ATAS TANAH NEGARA BEKAS EIGENDOM VERPONDING DI KANTOR PERTANAHAN KOTA JAKARTA BARAT Frando Pranata Sihombing; Endang Pandamdari
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13595

Abstract

In the control of the former eigendom verponding after the enactment of the Basic Agrarian Law it becomes state land, therefore an application for state land must be made, in this case the application is submitted by the applicant to the state for a certificate of building use rights in accordance with the provisions of the legislation. rights from the land of the former State eigendom verponding at the West Jakarta Land Office and there are obstacles that occur in processing the application. The type of research used in this paper is normative research. To support this research, the author uses a type of literature study, namely reviewing several documents related to this research. The method used is a normative method with a statutory approach. The research data shows how to apply for a right to use a building on state land and there are obstacles in applying for a right to build on state land at the West Jakarta City Land Office.
KEPASTIAN HUKUM PENGAJUAN PEMBATALAN SERTIPIKAT TANAH YANG TELAH MELAMPAUI BATAS WAKTU (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 115 PK/PDT/2018) Bodhi Alivian; Endang Pandamdari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8919

Abstract

This article will analyze the legal certainty of submitting a cancellation of a land certificate that has been published for more than 5 years for holders of land rights whose names have been stated on the certificate. The purpose of land registration in Indonesia according to UUPA and PP 24/1997 is to provide legal certainty and protection for the certificate’s owner. Acticle 32 (2) PP 24/1997 provides assurance that the certificate that has been published above 5 years cannot be sued again and the plaintiff loses its right to sue. In fact, there have been lawsuits in public courts and state administrative courts that voided the validity of the certificates even though they have been published above 5 years, using the reason that they were contrary to law. The verdict will certainly give the view that UUPA and PP 24/1997 cannot provide the legal certainty and protection fot the certificate holders and give the anxious sense to the party whose names have been stated on the certificate because at any time can be submitted cancellation through court proceedings.
PENYIMPANGAN TERHADAP PERJANJIAN HIBAH ANTARA PERKAWINAN CAMPURAN DALAM KAITANNYA DENGAN PERAN NOTARIS (STUDI PUTUSAN PENGADILAN NEGERI DENPASAR NOMOR 723/PDT.G/2013/PN.DPS JO PUTUSAN MAHKAMAH AGUNG NOMOR 91 PK/PDT/2017) Gladwin Lukman; Endang Pandamdari
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10624

Abstract

This research takes the formulation of the problem, namely whether the decision of the Denpasar District Court judge rejecting all claims to cancel the agreement between I Gusti Ayu Ita Dewi and Sven Hollingger as a wife partner is in accordance with the applicable legal provisions, and what is the role of the notary in making the grant deed in the form of land from I. Gusti Rai Tantra to I Gusti Ayu Ita Dewi who was handed back to Sven Hollingger who is a foreign national in the verdict. The results show that 1) The decision of the Denpasar District Court judge rejecting all claims for the cancellation of the grant agreement between I Gusti Ayu Ita Dewi and Sven Hollingger is not in accordance with the prevailing laws and regulations in Indonesia. 2) The role of the notary in drawing up the land grant deed from I Gusti Rai Tantra to I Gusti Ayu Ita Dewi which was handed over to her husband, which in reality means between husband and wife if prohibited because it is contrary to Article 1678. In the verdict between I Gusti Ayu Ita Dewi and Sven Hollingger, the notary in charge of making the grant deed did not apply the precautionary principle in carrying out actions because the deed did not contain material truth.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM MASYARAKAT ADAT ATAS HAK ULAYAT (STUDI KASUS: MASYARAKAT ADAT MEGOW PAK TULANG BAWANG DI LAMPUNG Melvin Kurniawan Darma; Endang Pandamdari
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10844

Abstract

Land is the most essential asset of Indonesian, since all Indonesian live and grow up on the Land. Indonesian positioned the land as the most important especially for customary law societies. Customary communal land rights in customary law societies are very important for life continuation of customary law societies, however there are many customary communal land rights taken by irresponsible companies, even though customary communal land rights are recognized and protected according to Law of the Republic of Indonesia art. 18B verse (2) as a guideline that customary communal land rights are recognized and protected under Law of the Republic of Indonesia. This research also intends to find out the existence of customary communal land rights under the law. Provisions of art. 18B verse 2 declares recognition of customary communal land rights along with traditional rights. In this case government officers who take the customary communal land rights to create a company, plantation and others. Therefore many customary law societies do not accept when the customary rights are taken over by irresponsible individuals, resulting in a conflict between the two parties between the company and the customary law society. The government officers should have known that the Law recognized and protected the customary communal land rights. In this case, customary law societies, especially customary communal land rights, are recognized and protected by The Law of Republic of Indonesia 1945, Agrarian Principal Law, and many others laws.
TANGGUNG JAWAB DEVELOPER TERHADAP KONSUMEN AKIBAT WANPRESTASI DALAM PENYERAHAN UNIT APARTEMEN PLUIT SEA VIEW BERDASARKAN PERJANJIAN PENGIKATAN JUAL BELI Natalia Salim; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (782.53 KB) | DOI: 10.24912/adigama.v2i2.6918

Abstract

The procurement of an apartment is strengthened by Sales and Purchase Agreement (PPJB) between the buyer and the developer, but the practice in the field are often found that developers does not handover the physical terms in accordance with the agreed time (default/breach of contract), and resulting in losses for the buyer. This study aims to determine the responsibility of the developer to the buyer due to default/breach pf contract matter and legal protection for the buyer in terms of buying Pluit Sea View apartments based on Sale and Purchase agreement. Research data were analyzed using descriptive-qualitative analysis methods which were tested with legal norms. The result of analysis shows that: 1. PT.  Binakarya Bangun Propertindo (as developer) does not fulfill their responsibilities as in agreement of the PPJB regarding the rights of consumers. 2. Weak of Consumer Protection Sarusun Belonging to Pluit View Sea , as consumer do not have bargaining positions.
TINJAUAN YURIDIS KEPEMILIKAN TANAH MELALUI JUAL BELI YANG DI KLAIM PIHAK LAIN (STUDI PUTUSAN PENGADILAN NEGERI CIKARANG NOMOR 28/Pdt/2019/PN.Ckr) amalya valensy; Endang Pandamdari
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.11078

Abstract

Holders of land titles have the right to use the land. Transactions and transfers of land rights in Indonesia at this time need to be carried out before the PPAT so that the transfer of rights can be registered at the land office as enacted by Government Regulation No. 24 of 1997 concerning Land Registration, so that the transfer of land rights can be carried out, the sale and purchase of land carried out by the parties must be carried out before the PPAT with the aim of avoiding legal problems. Based on the contents in this thesis, there is a problem, namely how land ownership through buying and selling claims by other parties. Furthermore, the research method used is literature study, the approach method used by the author is the statutory approach. The legal awareness of a society must be supported by its legal culture. Negligence, whether intentional or not, will lead to uncertainty over the status of ownership of the land rights. Problems arise as a result of the recognition of land ownership by other people. According to land law in Indonesia, this sale and purchase transaction needs to be carried out before the PPAT. To resolve disputes between plaintiffs and defendants. Based on the evidence provided from the parties and the defendant, the judge decided that the deed used as evidence for the recognition of the defendant's land rights was declared null and void along with the derivative deed. 
AKIBAT HUKUM PERJANJIAN JUAL BELI TANAH DENGAN HAK EIGENDOM YANG TIDAK DIKONVERSI (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 756 K/PDT/2019) Nathania Febriani; Endang Pandamdari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8898

Abstract

Legal effect can arise due to legal events that occur from all legal actions, namely actions taken by legal subject towards legal object or any other consequences caused by certain events by the law in question. The agreement in the sale and purchase itself is a legal act that can lead to legal consequences, which seen in the case example by Supreme Court Verdict Number 756 K/PDT/2019. As the case indicated, a cancellation occurred through a decision in court by the judge because there was no proof of conversion of a former eigendom plot of land by the parties. Because any land with western rights that have not been converted since the conversion date has passed will be simultaneously transformed into state land, and the parties only have priority rights to plead their rights to the land. The research method used in this writing is normative legal research method by using both primary legal materials and secondary legal materials. From the results of the study, the cancellation in the sale and purchase agreement was obtained through the role and decision of the judge in the presence of the judge's power in adjudicating a case to uphold justice, if there was no evidence provided that the eigendom land had been converted, then the judge has the authority to cancel the sale and purchase agreement and decide that the party concerned can plead or request his rights to the land itself.
PERANAN IKATAN NOTARIS INDONESIA (INI) TERHADAP PENGAWASAN NOTARIS DALAM PELAKSANAAN TUGAS JABATAN NOTARIS DI PROVINSI DKI JAKARTA Stephanie .; Endang Pandamdari
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2271

Abstract

This study aims to determine the role of Indonesian Notaries Association (INI) to the supervision of Notary in the implementation of duties in the position of Notary in Special Region of Jakarta. Notary in performing his duties of office can not be separated from the code of ethics that has been established and must be implemented by every existing Notary. The Indonesian Notary Association (INI) as the only organization of Notaries certainly has an important role in the field of supervision. Special Capital Region of Jakarta as the center of government certainly has a greater chance in the case of a violation, in this case the violation of the code of ethics, such as disrespect and uphold the prestige and dignity of the notary so that more supervision and explanation of the Profession of Notary Profession. It takes proper supervision from the Indonesian Notary Association (INI) where in addition to the reprimand is also required strict sanctions that can give a deterrent effect for the Notary in violation, in order not to happen again the same mistake and the notary's good name is maintained. Indonesian Notary Association is expected to give an important role in this case for the development of Notary Indonesia especially in Special Capital Region of Jakarta.
ANALISIS KEPASTIAN HUKUM TERHADAP HAK EKSEKUTORIAL OBJEK JAMINAN FIDUSIA YANG DIMILIKI KREDITUR PADA PASAL 15 UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 Angga Pratama; Endang Pandamdari
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8920

Abstract

The transfer of an ownership right based on trust is a Fiduciary Guarantee, so that the possession of the collateral object rests with the object owner. As a result of the possession of the object is at the Fiduciary Giver, often when the Fiduciary Recipient will exercise the executorial rights, sometimes the Fiduciary Guarantee object has been lost or damaged or changed hands, resulting in damage or decline in the value of Fiduciary Security goods because it is not maintained by the debtor, causing losses to creditors. However, there is a Constitutional Court Decision which does not necessarily have an executive power in the Fiduciary Guarantee certificate, and an agreement between the parties is required or legal action is taken in determining the breach of promise. Causing questionable legal issues, namely:How is the legal certainty of the creditor to the strength of the executive right contained in Article 15 of the Fiduciary Guarantee Law after the Constitutional Court Decision Number 18 / PUU-XVII / 2019. Based on the formulation of the problem, the normative juridical method is used. Based on the results of the study, it was found that Article 15 of the Fiduciary Guarantee Law was declared unconstitutionality by the Constitutional Court, and showed no legal certainty for creditors. This results in the removal of an easy mechanism that will make it attractive for creditors. The results of this study are useful for the Government of Indonesia in the future, so they can be more comprehensive.
Co-Authors Abdullah Rafi Acintya Heruka Larasati Adi Sulistiyono Agung Damarsasongko Akbar Rahadianto Aldi Pidano Aloysius Uwiyono Amaltha Faisal Wirawan amalya valensy Andhyka Tyaz Nugraha Angga Pratama Annisa Nur Aliza Aurelia Karunia Kinanti Azarine Nuratna Shafa Benyamin Tomas Setiawan Bodhi Alivian Charles Delon Tunas Christina Claudia Damara, Fenny Danial Abdillah Lazuardi Delvina Alodia Deviana Putri Dinna Sonia Dyah Setyorini Dyah Setyorini Elfrida Ratnawati Faishal Nurachmad Fania Nur Halimah Feyskia Iman Sari Kusumawardhani Frando Pranata Sihombing Ghina Khoirunnisa Gladwin Lukman Handy Handy Hasita Zhafirah Saraswati Idris Assaf, Muhammad Ignatius Pradipa Probondaru Inten Rosita Ira Sudjono, Ira Irene Eka Sihombing Irene Eka Sihombing Irfan Wijaya Karmila Amalia Pesa Kellie Angiarti Kenny Devinda Kenny Joshua Kurniaman Telaumbanua Ling Fransiska Listyowati Sumanto Livia Cindy Ariella Livia Clarista Marcel Ridho Juniarto Marsalina Kareth Melvin Kurniawan Darma Mia Sumiati Michael Amsal Sumitro Muhamad Rizky Adityas Wibisono Muhammad Aziz Nurhakim Natalia Salim Nathania Febriani Novery, Aprilia Wulan Novia Gunawan Putri Valery Christy Putri, Deviana Rudi Adi Setya Putra Sesa Merindah Putri Shandra Mellany Aldalia Stefani Hamdani Stephanie . Sumarno, Cecep Telaumbanua, Kurniaman Trianassari, Tedy Kurniawan Vitiamawan, Renaldo Wijaya, Irfan William Zerach El Wiwin Sumartini