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All Journal Unes Law Review JIAL (Journal of Indonesian Adat Law) PENA LAW: International Journal of Law Al Hurriyah : Jurnal Hukum Islam
Mirwati, Yulia
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Wakaf Tanah Ulayat sebagai Solusi Peralihan Hak Atas Tanah Ulayat Secara Permanen di Sumatera Barat Mirwati, Yulia; Faisal, Yontri; Zahara, Zahara; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 2 No 1 (2018): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3567.433 KB) | DOI: 10.46816/jial.v2i1.24

Abstract

Article 3 of the Basic Regulation of Agrarian Affairs/PeraturanDasarPokokpokokAgraria (UUPA) recognizes the existence of communal land (communal right). This recognition of communal rights has been planned since the beginning of the drafting of the national agrarian bill; therefore, the legal concept of agrarian reform is stipulated with customary law in it. In West Sumatra, the existence of communal rights is still strong. The transfer of communal rights cannot be done in a permanent manner, only temporary, such as a pawning which is now referred to as Salang Pinjam in Minang or Padang language, and even then with very strict requirements, because the principle, in Minang language, is that communal land is: jua indak dimakan balig adai indak dimakan sendo (it cannot be traded,and when it ispawned, it is with strict conditions). Utilization of communalland for outsiders is a temporary nature, limited by time and will not eliminate the communal rights. This is, in its customary law, called Kabau Pai Kubangan Tingga, and this is done with the agreement of the customary law community through leaders of customs. In addition, Minang or Minangkabau customs are integrated with the concept of Islamic law; this is confirmed in the fatwa or decision: adat basandi syarak dan syarak basandi kitabullah. At the same time, the Waqf Institute is also developing well in Minangkabau. One of the objects of the waqf is communalland, and its allotment is especially for places of worship, education, health and others, which are still not oriented to the development of productive economies. In the waqf arrangement in Indonesia, communalland is not formally seen as the object,however,since in the past, the Minangkabau customary law communities have been carrying out thewaqf of communalland, even though without registration. It is further found thatwaqf of communalland is a solution to transferring of the communalland permanently to the indigenous peoplethrough the management of nadzir (recipient of waqf), because the waqf of communalland lasts forever.
TRANSFER OF RIGHTS TO COLLECT (CESSIE) AND LEGAL CONSEQUENCES ON DEBITOR COLLATERAL ITEMS IN RESOLVING NON-PERFORMING CREDIT (Case study on Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr) Hamler; Mirwati, Yulia; Yulfasni; Nurdin, Zefrizal
PENA LAW: International Journal of Law Vol. 2 No. 1 (2024): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.100

Abstract

Banks can deal with negative credit by purchasing, selling, and transferring the rights to receivables (cessie). According to the District Court's ruling in case No. 129/Pdt.G/2016/ PN.Pbr, the lawsuit was filed by a cessionary who had acquired receivables from the troubled PT Bank Tabungan Negara (Persero) Tbk. The Receivables Sale Purchase Agreement and Transfer of Cessie are the two (two) Notarial Deeds that include the terms of the transfer of receivables. According to the ruling, the Pekanbaru District Court approved the transfer of Land Ownership Certificates that had been pledged as security for the debtor (cessionaris). The problem is stated as follows: 1. Can the sale and purchase of receivables and the transfer of claim rights (cessie) give buyers of cessie legal certainty? 2. What are the legal ramifications of the debtor's assurance in light of Pekanbaru District Court Decision Number 129/Pdt.G/2016/PN.Pbr? and the purpose of this study is to comprehend the problem's genesis and offer solutions. The research method used in this study is known as normative legal research (doctrinaire), and it entails research on legal principles, legal aspects, and law as it is conceptualized as norms or rules that apply in society. It also includes an analysis of both written and unwritten legal rules that exist and develop in society, and it makes use of secondary data derived from primary, secondary, and tertiary legal materials. It is clear from this study that the sale and purchase of receivables and the transfer of cessie do not terminate the credit agreement between the cedent and cessus; rather, it is a transfer and delivery of receivables from the cedent to the cessionaris, and the transfer of cessus collateral must be based on a ruling made through litigation at the local District Court. And in this case, the transfer of Cessie and the sale and purchase of receivables are legal and do not violate the terms of the agreement. The judges' panel also believes that since the Cessus guarantee is not secured by a mortgage, the Cessus collateral object may be used to repay the debt by reclaiming the cessionaris name. Neither of these situations violates the rights to the bedding described in Article 1154 of the Civil Code.
Kepastian Hukum Pendaftaran Peralihan Hak Atas Tanah Saat Menjadi Objek Sengketa di Pengadilan (Studi Kasus Pelaksanaan Eksekusi terhadap Objek Perkara Perdata No. 18/Pdt.G/2018/PN Kbr) Abdi, Israr; Mirwati, Yulia; Fendri, Azmi
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1727

Abstract

This research aims to examine and analyze the legal certainty of registering the transfer of land rights when it is the object of a dispute in court and to determine the legal consequences for land rights that have been transferred in the implementation of the Koto Baru District Court Decision No. 18/Pdt.G/2018/PN Kbr. This research uses empirical juridical methods, namely research carried out directly in the field to find out the actual problems that occur, then it will be connected to applicable laws and regulations and existing legal theories. The data collected is in the form of primary data and secondary data. Based on the research results, in the event that Land Rights are the object of a dispute in court, the case registration is automatically deleted within 30 (thirty) days from the date of recording and if there is a status quo order it is also automatically deleted within 30 (thirty) days. day. After the period for recording the object of the court case and/or the record of the object of determining the status quo as intended is deleted and the object of the case is not followed by a determination of collateral confiscation, the registration of the transfer or encumbrance of rights can be carried out. The Court's decision which has permanent legal force (In kracht van gewijsde) is considered correct and in this decision it is punitive (Condemnatoir) control/ownership of the land the object of execution is binding on the third party because obtaining rights to the land from the losing party (Defendant) occurred after If there is a case/case decision then the object of the case can be executed.
PELAKSANAAN PENDAFTARAN TANAH ULAYAT KAUM MELALUI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KECAMATAN BUNGUS TELUK KABUNG Feronika, Feronika; Fendri, Azmi; Mirwati, Yulia
Alhurriyah Vol 4 No 2 (2019): Juli-Desember 2019
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/alhurriyah.v4i2.1631

Abstract

Ulayat land is a land that is acquired from generation to generation whose control and utilization are regulated by the Mamak Waris Head. This is all obtained without correspondence or in Writing, only by knowing the boundaries naturally with someone else's land. In Padang City, especially in Bungus Teluk Kabung Subdistrict, most of the existing property is customary land. Ulayat land is used for the benefit of its people. The government is obliged to hold land registration in the entire territory of the Republic of Indonesia. One of the methods adopted by the Ministry of Agrarian and Spatial Planning / National Land Agency is through the Complete Systematic Land Registration Implementation Acceleration program as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning / Head of the Republic of Indonesia National Land Agency Number 12 of 2017 concerning Acceleration of Complete Systematic Land Registration , which was carried out in Bungus Teluk Kabung Subdistrict which had a target of 1,100 fields. The formulation of the problem in this Writing is 1. How is the implementation of community ulayat land registration through the Complete Systematic Land Registration program in Bungus Subdistrict Teluk Kabung. 2. What obstacles were encountered in the implementation of the record of communal ulayat land through the Complete Systematic Land Registration program in Bungus Subdistrict Teluk Kabung. And in this Writing, the author uses a sociological juridical approach. Based on the research conducted by the author, the implementation of the registration of ulayat land of the people through the Complete Systematic Land Registration Program in Bungus District Teluk Kabung. It is challenging to implement and does not achieve this target because there are some obstacles in the implementation of the ulayat land registration of the people so that the ulayat land of the community cannot be registered with the Land Office. Constraints arise include subject, namely whose name certificate recorded in the name of the Mamak Chief Heir, on behalf of one member of the community or in the name of Mamak the Head of Waris along with members of the city because in most fields many register on behalf of one member the people without being noticed by Mamak To Waris and other members of the people. Another obstacle is the absence of the Mamak Waris Head and Kerapatan Adat Nagari in the land registration process.
Co-Authors Abdi, Israr APHA, Journal Manager Azmi Fendri Faisal, Yontri Feronika, Feronika Fredinan Yulianda Hamler Hamler Yulfasni Zefrizal Nurdin, Zefrizal