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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
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PERLINDUNGAN HUKUM BAGI PEMBELI SATUAN RUMAH SUSUN AKIBAT PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH DEVELOPER (STUDI PUTUSAN NO.485.PDT.G/2018/PN.JKT.SEL) Handy handy; 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.v4i1.10995

Abstract

In 2014, the developer (developer) of the 45 Antasari apartment project located in the Cilandak area, West Cilandak Regency marketed apartment units in the form of apartments on a Pre Project Selling basis.In the sale of an apartment, the developer can do marketing before the construction is completed or commonly called the Pre Project Selling system, buying and selling must be written in the form of a Sales and Purchase Agreement. To make sales through pre-project sales, the developer must meet administrative requirements, one of which is a building permit. Moreover, because of sales and the purchase must be stated in the form of a Sale and Purchase Agreement, one of the conditions for getting a Sale and the Purchase Agreement is to have a building permit. Under construction of apartment developers too must have a permit to build a flat that is granted from the local government. But in reality,There are still apartment construction projects that do not have building permits, for example 45 Antasari Apartments. A building construction permit is needed to ensure the legal certainty of a building. Therefore, developer responsibility is required if he neglects someone's duties. With analysis, the authors suggest developer responsibility can be further elaborated, which will be further analyzed using normative legal research by examining existing primary and secondary legal materials collected and processed for the formulation of research conclusions.
PERTANGGUNGJAWABAN HUKUM TERHADAP KEDUDUKAN AKTA OTENTIK YANG DIBUAT SELAMA MASA CUTI (PUTUSAN NOMOR : 1/PTS/Mj.PWN.DKIJakarta/xi/2017) Stefani Hamdani; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (801.009 KB) | DOI: 10.24912/adigama.v2i1.5277

Abstract

Notary is a profession that is very required in the field of law. In these case, notary acts as a public official in providing a legal services to the society. Notary has a several function like establishment a company, making a deed, legalizing documents, waarmerking, and other services. But in a reality, there are many notaries still do not meet the applicable terms and conditions, “How Is The Notary’s Responsibility Towards Authentic Deed Position During The Leave” this is the main problem we will disscused in this report. The research method used is a descriptive normative research method, which is based on primary data and secondary data as other supporting data which are analyzed qualitatively. From the results of the study explained that that Drs. Andika, as the reporter, came to the reported office named Netty Maria Machdar with the intention to make a certificate of borrowing and guarantee with a certificate, but by Netty's mother a letter of authorization to sell was made which resulted in a loss. In the Letter Number 04 / Ket.Cuti-MPPN / II / 2015 said that it turned out that Notary Netty Maria Machdar was on leave after knowing the deeds and leave certificate. the notary who made the deed during the leave was found quilty, and the position of the deed was a deed under the hand. Which means the notary who made the deed during the leave was found quilty, and the position of the deed was a deed under the hand.
KEABSAHAN HIBAH TANAH UNTUK KEPASTIAN HUKUM (Studi Putusan Mahkamah Agung Nomor 652 K/Ag/2019) Mia Sumiati; 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.v3i2.10610

Abstract

The problem on this case is that a land heirs that stole the portion of the other heirs by forging to take the land deeds that belongs to their other relatives to be named as one of the heirs, Marwan Efendi, based on the Grant Deeds that is made in front of PPAT Ida Kesuma and then its ownership to be transferred to Marwan Efendi, without the Plaintiff I,II, and III knowing, and the Defendant VII never signed that sale & purchase deeds, so in this case Marwan Efendi and PPAT Ida Kesuma had committed document falsification and signature to transfer the land rights through the Grant Deeds that’s inside (Study Towards Supreme Court Decision Number 652 K/ag/2019). Writer had done research on the case using Normative Legal Research Methods. Research data shows that there is an alliance between Marwan Efendi and PPAT Ida Kesuma whereas Meydalena (Defendant VII) never signed the SPD (Sale & Purchasing Deeds) between him/her and Marwan Efendi then has been cleared that in his excuse that he already give money and cars to the each Plaintiffs that is the heirs to the land, so in this case clearly against rule stated in article 1670 of KUHPerdata. By looking at the case it is better for someone to check the origin of the land so that nobody would suffer from it.
TANGGUNG JAWAB SECARA PERDATA ATAS SERTIPIKAT TANAH YANG DISIMPAN OLEH NOTARIS/PPAT (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NOMOR: 466/PDT.G/2017/PN.JKT.BRT) Kellie Angiarti; 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 | DOI: 10.24912/adigama.v2i2.6576

Abstract

Making an authentic deed is very necessary especially in the transfer of land rights. For the sake of achieving legal certainty for the community, an authorized official is required to make all authentic deeds related to the process of transfer of rights due to the sale and purchase of land, namely the Land Deed Making Official (PPAT). in practice, PPAT also serves as a notary public. The position of a PPAT as a functionary in the community is very important, because the PPAT Deed (authentic deed) as a document regarding the sale and purchase of land is proof of sale and purchase that needs to be registered at the Land Office for the issuance of the Land Rights Certificate. Notary / PPAT must work responsibly, independently, honestly, and protect the interests of related parties in legal actions. This shows that Notary / PPAT is a profession that is required in fulfilling moral values and its development. But in reality, not all Notaries / PPAT carry out their obligations properly, for example, can be seen in the Decision of the West Jakarta District Court Number: 466 / Pdt.G / 2017 / PN.Jkt.Brt where the event of the loss of Land Rights Certificate which is kept by the Notary Public in his position as the Land Deed.
KEABSAHAN PENJAMINAN HAK MILIK ATAS TANAH YANG DIDASARKAN PADA AKTA DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 53/PDT.G/2017/PN.SGN) Akbar Rahadianto; Endang Pandamdari
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.204 KB) | DOI: 10.24912/adigama.v1i2.2739

Abstract

Land rights guarantee is a guarantee made by the debtor to the creditor which generally aims to obtain a loan in the form of money for the debtor and repayment of debt to the creditor. In the case of guaranteeing land rights, the procedure has been regulated in the Underwriting Rights on land along with land-related objects act. In this act, it is explained that in the case of guaranteeing land rights, it must be made in an authentic deed named deed of mortgage. But in this case the debtor guarantees ownership rights of the land to the creditor with only deed under hand, not with the deed of mortgage. Is the guarantee still valid? and how about the executorial power? In this study the author uses a case approach and legislative approach. It can be concluded that the guarantee of ownership rights on land based on the deed under the hand is valid because it has fulfilled the elements of Article 1320 of the Civil Code concerning the legal requirements of the agreement. Then for the execution strength, it can be done, but it will be very difficult because it requires a court order to execute the collateral object. The suggestion from the author is that in guaranteeing the rights to the land, it must be charged the Deed of mortgage, so that if there is a default, the execution of the guarantee object is easy and does not take a long time.
PEMENUHAN ATAS SARANA DAN UTILITAS PADA PERUMAHAN SUBSIDI MUTIARA PURI HARMONI RAJEG TANGERANG MENURUT UNDANG-UNDANG NOMOR 1 TAHUN 2011 TENTANG PERUMAHAN DAN PERMUKIMAN Muhammad Aziz Nurhakim; 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 | Full PDF (429.43 KB) | DOI: 10.24912/adigama.v1i1.2152

Abstract

There are so many housing developers that didn’t do their jobs and fulfilling their obligations properly when it comes to providing means, utilities, and infrastructures required in a housing complex. As an example: Vista Land Group Limited as the developer for Mutiara Puri Harmoni housing in Rajeg. The main issue of this research is juridical review of providing a housing complex with facilities required and applied sanctions if a developer didn’t fulfill their obligations properly. The author is interested on researching this subject because other than research location that is close with writer’s residence, Rajeg is a fast developing area where the inhabitants own massive lands, one of them being Mutiara Puri Harmoni housing; 50 Ha in total width. In order to gain data required for the research, the writer decided to use normative research method with library study for secondary, primary legal matters, non-legal matters, and completed with few interview results. In conclusion: Vista Land Group Limited is liable for providing low quality water supply, road network’s lightings, and public cemetery as stated in Article no. 4 section (1)a, section (3) a and g, and article no.9 chapter (2) Regulation of the Tangerang District No.4 year 2012, and Article no. 134 of the 2011 housing and settlement act no. 11. It’s better for Tangerang district government to start doing supervision to housing developers in Tangerang so this kind of cases won’t happen again.
Tanggungjawab Notaris/PPAT Dalam Pembuatan Akta Jual Beli Tanah Yang Tidak Memenuhi Asas Terang dan Tunai Dalam Kasus Putusan Majelis Pengawas Pusat Notaris Nomor: 04/B/MPPN/VIII/2016 Charles Delon Tunas; 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 | DOI: 10.24912/adigama.v2i2.6593

Abstract

Notary / PPAT is an official authorized to make a deed that is often sued for violations such as deeds drawn up and read in front of the buyer not in accordance with the agreement, but the Notary / PPAT continues the buying and selling process. If related to the case in this case, EJ makes AJB in his position as PPAT not as a Notary. The notary is personally responsible for carrying out his duties and positions in each deed making. Based on consideration of the decision of the Notary Central Board of Trustees, that EJ has acted inaccurately and does not safeguard the interests of parties related to legal actions so that EJ is considered to have violated Article 16 Paragraph (1) of the Law and the Article 54 paragraph (1) of the Act because the EJ does not keep a copy deed requested by the seller. MPPN's decision was in accordance with the provisions of UUJN, but the sanctions given by EJ were considered too light so that they did not have a deterrent effect. When acting as a PPAT, based on the provisions of Article 55 of Law No. 1/2006 jo PP No.24 / 2016, PPAT is personally responsible for the implementation of the duties and positions in each deed making. The PPAT is faced with 4 (four) responsibilities, namely in terms of professional, administrative, civil and criminal ethics
ANALISIS AKTA JUAL BELI TANAH YANG DIBUAT TANPA PERSETUJUAN PEMILIK TANAH DALAM PERSPEKTIF PERATURAN PEMERINTAH REPUBLIK IINDONESIA NOMOR 24 TAHUN 2016 TERKAIT PERATURAN JABATAN PEJABAT PEMBUAT AKTA TANAH (STUDI KASUS PUTUSAN NOMOR 347/PDT/2017/.PN.JKT.TIM) Faishal Nurachmad; 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.v3i1.8921

Abstract

Along with the rate of growth and development of such a large population, and the area of land is relatively not increased, the soil has significance in human life because the land has a dual function, namely as a social asset and as a capital asset, this causes the need for land is increasing, thus causing various potential conflicts or disputes in the right to purchase land. Land Acquisition Officer (PPAT) is a public official authorized to make authentic deeds concerning certain legal acts concerning land rights or ownership of apartment units, based on Government Regulation No. 24 of 2016 on PPAT in practice often the making of Deed of Sale and Purchase of land which is inconsistent with legal corridor which can cause risks for certainty of land rights. In this case, PPAT is asked to be a juridical account in relation to the authentic deed which it contains contains legal defects. The problem that becomes the discussion in this research is how the responsibility of PPAT in making the Deed of Sale and Purchase of the land and the result of the law it made if it contains legal defect.
PENYALAHGUNAAN PEMBERIAN KUASA UNTUK MENJUAL DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) OLEH PENERIMA KUASA (CONTOH KASUS : PUTUSAN MAHKAMAH AGUNG NOMOR 1846/K/PDT/2017) Livia Cindy Ariella; Endang Pandamdari
Jurnal Hukum Adigama Vol 2, No 1 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v2i1.5262

Abstract

A sale and purchase agreement is one of the most frequently made agreements. One of the most traded objects is land. According to customary law, land sale and purchase is a legal act of transferring land rights. The legal act of sale and purchase is carried out by a land deed official who has the authority to make a sale and purchase deed. Sometimes, the sale and purchase deed cannot be made because there are conditions that have not been fulfilled, so the parties first make a preliminary agreement called the binding sale and purchase agreement. Usually, the binding sale and purchase agreement is followed by power of attorney to sell. The formulation of the problem in this thesis is whether the inclusion of the power of attorney to sell is permissible, and if the recipient of the power of attorney misuses the power, what form of legal protection can be given to the authorizer. The author uses normative legal research methods that are supported by interviews to answer these problems. The inclusion of a power of attorney to sell within the binding sale and purchase agreement is permitted as long as it is not an absolute power that is prohibited by law. Legal protection that can be given to the authorizer is divided into two forms: preventive protection, a legal protection aimed at preventing the occurrence of disputes, and repressive protection, a protection that serves to resolve in the event of a dispute.
AKIBAT HUKUM PEMBATALAN AKTA JUAL BELI (AJB) ATAS TANAH OLEH PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 888/K/PDT/2016 Livia Clarista; Endang Pandamdari
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.573 KB) | DOI: 10.24912/adigama.v1i2.2745

Abstract

Buying and selling is a process of transferring rights of land carried out by making a sale and purchase deed by a land deed official. Therefore, the procedure must be in accordance with the applicable laws and regulations to produce a valid deed and can be used to transfer the land rights. In this case, there was a mismatch in the procedure for making land sale and purchase deeds carried out by land deed official. This caused a legal defect in the deed which was then supported by a statement from the District Court Verdict Number 381/Pdt.G/2014/PN/Bdg. and the Bandung High Court with Decision Verdict 451/PDT/2015/ PT BDG., where both of them grant the plaintiff's claim, namely land deed official itself. However, the Supreme Court Judges considered that land deed official did not have a legal standing in filing a claim because it was deemed not to have legal interests in the sale and purchase deed. The Supreme Court Judges in Verdict Number 888 / PDT / 2016 canceled the previous court decision. This resulted in the deed returning to its original state. However, the deed can then only be canceled by the parties in it, but the cancellation also can only be done if both parties agree. While the legal consequences of the land deed official issuing the sale and purchase deed are the acceptance of sanctions in the form of temporary and permanent dismissals.
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