Rio Marshel Sahertian
Universitas Muhammadiyah Surakarta

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Juridical Analysis of Uncertified Land Sale and Purchase Ingrobogan District Rio Marshel Sahertian; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 1 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study, entitled Implementation of Sale and Purchase of Uncertified Land in Grobogan Regency, this study aims to determine the Implementation of Land Sale and Purchase in Indonesia According to the applicable Positive Law, and find out the legal consequences of the implementation of buying and selling land without certificates in Grobogan Regency and find out how the stages of buying and selling uncertified land can be carried out. This study aims to determine the implementation of land sale and purchase in Indonesia according to the applicable positive law, and to analyze and understand the legal consequences of the implementation of land sale and purchase without certificates in Grobogan Regency. The research method uses a sociological juridical approach. Research specifications using descriptive analysis, data sources used primary data and secondary data, primary data collection methods using conservation and interviews, secondary data collection methods using literature studies and document studies and data analysis methods using qualitative analysis methods. Based on the results of the study, it can be concluded that the sale and purchase of land according to positive law in Indonesia must be made by and before the authorized Land Deed Making Officer (PPAT) as evidenced by the Sale and Purchase Deed. Legal consequences of the implementation of the sale and purchase of land without a certificate in Grobogan Regency In buying and selling land without a certificate, it is very possible that there are legal consequences caused, namely the absence of transfer of land rights and uncertainty of the transfer of land rights, as well as the lack of guaranteed legal certainty and legal protection.
Analysis of Law Making No.48/2009 on Judicial Power using Jutidic, Sociological, and Philosophical Analysis Rio Marshel Sahertian
Proceeding International Conference Restructuring and Transforming Law 2024: Proceeding International Conference Restructuring and Transforming Law (Special Issue)
Publisher : Universitas Muhammadiyah Surakarta

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Since its enactment, this law has been the subject of in-depth analysis to understand the impact and implications on the life of the nation and state. In this paper, we will describe the analysis of Law No.48/2009 In addition, the role and responsibility of the community in supporting the implementation of this Law is also the focus of analysis. Through philosophical analysis, we can assess the extent to which the Act is consistent with the basic values and principles of the rule of law. Juridical Analysis opens insight into legal aspects that need to be evaluated and improved. Sociological analysis provides an overview of how these regulations are accepted and implemented by society. In conclusion, an indepth analysis of Law No. From a juridical perspective, this law, in theory, has a positive impact by affirming judicial autonomy. In a philosophical view, the law reflects the basic principles of the rule of law, but an evaluation of its implementation shows that these values have not been fully reflected in the day-to-day practice of justice. The existence of conceptual problems in the substance of Law No. Controversies during the formation of this law created challenges in implementing the law, especially in the context of the election of Supreme Court justices.
Juridical Analysis of Land Sale and Purchase Transactions that are not Equipped with Certificates in Grobogan Regency Region Rio Marshel Sahertian; Diana Setiawati
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 2 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The primary objective of this study is to scrutinize and evaluate the process of transferring ownership rights to land lacking certification and its associated legal implications, while also assessing the proactive measures taken by National Land Agency Grobogan Regency in addressing instances of uncertified land transactions. Employing an empirical juridical research approach, which entails analyzing real world social issues to acquire pertinent knowledge for resolution, this study seeks to gain insights into the subject matter. Findings from the research indicate that the transfer of ownership rights to uncertified land in Grobogan Regency can occur through both formal and informal channels. These factors are influenced, among other things, by incomplete land documentation, the high cost of sale and purchase deeds, the still strong legal culture of local communities, and the low level of legal knowledge of local communities to carry out effective sales and purchases in accordance with government regulations. The legal consequence of owning uncertified land in the Globogan Regency area is that it is detrimental to the party holding the rights to the land because there is no guarantee of legal certainty. National Land Agency Grobogan Regency's approach to addressing instances of land transactions lacking certificates involves implementing a free land registration program, also known as Complete Systematic Land Registration (PTSL) by the National Land Agency. This initiative aims to streamline the registration process, particularly for rural communities, thereby ensuring legal certainty and protecting community land rights. Embracing principles such as simplicity, affordability, efficiency, safety, fairness, equity, transparency, and accountability, the program aims to facilitate accessible and fair land registration procedures.