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All Journal Nagari Law Review Unes Law Review Melayunesia Law
Busyra Azheri
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Kedudukan Hukum Sertipikat Hak Milik Karena Cacat Yuridis Sebagai Bukti Kepemilikan Hak (Studi Putusan Pengadilan Negeri Batusangkar Nomor 67/Pid.B/2021/PN Bsk) Chanda Ricci; Busyra Azheri; Mulyati, Nani
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.1938

Abstract

One of the plots of land where land registration is carried out by issuing a certificate is Certificate of Ownership Number 00164/Nagari Padang Magek. The certificate is the object of a dispute which has been decided by the Batusangkar District Court Decision Number 67/Pid.B/2021/PN Bsk, which has obtained permanent legal force (inkracht van gewijsde). Based on the Decision of the Batusangkar District Court Number 67/Pid.B/2021/PN Bsk, the issuance of Certificate of Ownership Number 00164/Nagari Padang Magek, namely a Statement of Physical Control of the Field and a Certificate of Land Ownership Number 074/SK/PMT/2000, is a fake document. So the Certificate of Ownership Number 00164/Nagari Padang Magek has a legal defect. The formulation of the problem examined in this research is: 1) what is the legal position of a certificate of ownership due to juridical defects as proof of ownership of rights?; 2) what are the legal consequences of ownership of land rights following the Batusangkar District Court Decision Number 67/Pid.B/2021/PN Bsk? The research method that the author uses is normative juridical, with a case approach. The type of data used is secondary data, which consists of primary, secondary and tertiary legal materials. The data collection technique used is document study. The results of the author's findings are the position of Ownership Certificate Number 00164/Nagari Padang Magek, which has changed the data on the certificate above to become Ownership Certificate Number 1892/Nagari Padang Magek, Land Plot Identification Number 03.10.03.02.01654, with Measurement Letter Number: 2616/2021 dated 27 April 2021, area 940, in the names of Tisra Juwita and Hasni Wirda, still valid and valid. The next finding is that in the Batusangkar District Court Decision Number 67/Pid.B/2021/PN Bsk, the basis for issuing the certificate used was a fake letter related to the ages of the parties, namely Tisra Juwita and Hasni Wirda, not a fake regarding the subject of their rights. So the plot of land registered in Certificate of Ownership Number 00164 is still legally valid in the names of Tisra Juwita and Hasni Wirda. Certificates issued based on fake documents can be canceled by submitting a written application to the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency through the Head of the Land Office where the object is located, in this case the Head of the Tanah Datar Regency Land Office.
Perlindungan Hukum Terhadap Konsumen Dalam Perjanjian Pendahuluan Jual Beli Rumah di Wilayah Kecamatan Siak Hulu Kabupaten Kampar Fahrul Rozi; Busyra Azheri; Yussy Adelina Mannas
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2168

Abstract

Developers can carry out marketing or sales of the houses they build with one of the conditions, namely that the developer has carried out housing construction of at least 20% (twenty percent). However, this is still being violated by the developer, where the developer has done marketing or selling houses using model houses. The problems that can be raised in this thesis are How Legal Protection for Consumers is in the Preliminary Agreement for the Sale and Purchase of Houses in the Siak Hulu District, Kampar Regency, What are the legal consequences for developers who enter into the Preliminary Agreement for the sale and purchase of houses in the Siak Hulu District, Kampar Regency, and what are the forms of supervision? against developers who enter into Preliminary Agreements for Sale and Purchase of Houses in the Siak Hulu District, Kampar Regency. The research method used in this study uses empirical juridical methods, its nature, this research is a descriptive analysis research. The collection method was carried out by field research (interviews) and library research (library research).
The Role of the Notary in Resolving Disputes Regarding the Deed of Sale and Purchase Agreement (PPJB) (Case Study at the Notary/PPAT in Pekanbaru City) Dwi Mutia Sari; Busyra Azheri; Jean Elvardi
Melayunesia Law Vol. 7 No. 2 (2023): Melayunesia Law
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/2kwyef75

Abstract

The subject matter of this research is the role of a notary in resolving disputes over the Sale and Purchase Agreement Deed (PPJB) made by the parties before him and how the legal force of peace made by the parties before a notary related to the dispute over the Sale and Purchase Agreement Deed (PPJB). This legal research uses an empirical juridical method, which is a method of approaching the problem by looking at the applicable legal norms and then connecting them with legal facts found in the field. While this type of research is descriptive-analytical, namely describing an event that occurs clearly and in detail. The results of the study, the role of a notary in resolving disputes in the Sale and Purchase Agreement Deed (PPJB) made by the parties in front of him the notary can act by providing input on the dispute between the parties in the deed made by the notary, this function is the role of the notary voluntarily as a parties who understands his duties and functions as a notary, and in this case, the notary is also considered to understand the core of the problems that are happening and the legal strength of the peace made by the parties before the notary regarding the dispute of the Sale and Purchase Agreement Deed (PPJB), namely the notary has such an important authority to provide legal counseling and provide information in connection with the making of authentic deeds.
Aspek Hukum Dalam Proyek Konstruksi: Keterlambatan MC-0 Terhadap Stabilitas Cash Flow Denny Wahyudi Saputra; Busyra Azheri; Muhammad Hasbi
Nagari Law Review Vol 9 No 2 (2025): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.9.i.2.p.167-174.2025

Abstract

Delays in the MC-0 (Initial Mutual Check) process in construction projects not only affect cash flow stability, but also have significant legal implications for the parties involved. This study aims to analyze the impact of MC-0 delays on the cash flow stability of construction projects, identify the causal factors, and evaluate the legal consequences based on applicable regulations in Indonesia. This study uses a Systematic Literature Review (SLR) approach by reviewing relevant academic sources, including journals, scientific articles, and laws and regulations. The results of the study indicate that MC-0 delays cause additional costs, such as procurement of materials, labor, and equipment rental, and have the potential to cause contract disputes between service providers and service users. In a legal context, MC-0 delays can lead to default in accordance with the provisions of the Civil Code (KUHPerdata) Article 1239 and Law Number 2 of 2017 concerning Construction Services, which regulates the rights, obligations, and sanctions for the parties in a construction contract. Delays can also violate the principles of good project governance, as stated in Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods/Services. To overcome these impacts, recommended mitigation steps include optimizing communication between parties, increasing the efficiency of contract administration, utilizing project management technology, and providing reserve funds to anticipate potential delays. This finding emphasizes the importance of integrating technical and legal aspects in managing MC-0 delays to ensure smooth implementation of construction projects, cash flow stability, and compliance with applicable regulations.
Co-Authors Chanda Ricci Denny Wahyudi Saputra Dwi Mutia Sari Elvardi, Jean Fahrul Rozi Muhammad Hasbi Nani Mulyati