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All Journal JURNAL MAHKAMAH Pendas : Jurnah Ilmiah Pendidikan Dasar Unes Law Review JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL USM LAW REVIEW International Journal of Educational Review, Law And Social Sciences (IJERLAS) Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities
Gunawan Djajaputra
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Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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KEDUDUKAN HUKUM DAN AKIBAT HUKUM PERJANJIAN JUAL BELI TANAH YANG TIDAK DICATATKAN DI KANTOR PERTANAHAN DI INDONESIA Luverne Pujian Quinn; Gunawan Djajaputra
Pendas : Jurnal Ilmiah Pendidikan Dasar Vol. 10 No. 04 (2025): Volume 10 No. 04 Desember 2025 Published
Publisher : Program Studi Pendidikan Guru Sekolah Dasar FKIP Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/jp.v10i04.40098

Abstract

This study examines the legal standing and validity of land sale-purchase agreements that are not registered with the Land Office, as well as the legal consequences for the contracting parties and third parties. In Indonesia’s legal system, land transactions operate under two distinct regimes: civil law, governed by Articles 1320 and 1338 of the Civil Code, and agrarian law, regulated by the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997. From a civil law perspective, an underhand sale-purchase agreement remains valid as long as it fulfills the requirements of consent, legal capacity, a specific object, and a lawful cause. However, such an agreement only creates an obligatoir effect and does not transfer property rights until an official Sale and Purchase Deed (AJB) is executed before a PPAT and registered with the Land Office. Consequently, buyers face legal vulnerability regarding third-party claims and lack full legal protection. In certain cases, such as the Subang District Court decision, long-term possession, proof of payment, and the absence of objection by the seller can strengthen the buyer’s position to apply for a land certificate. Nonetheless, registration remains essential to ensuring legal certainty and protecting third-party interests.
Analysis of the Judgment of the Judge in the Settlement of Default Agreement Debts (Case Study Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) Shafaa Alaadini Yuan; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1105

Abstract

Analysis of Judges' Considerations in Settling Defaults in Debt Agreement (Case Study of Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) aims to examine how judges assess default cases and reflect relevant civil law principles. This research uses a normative legal method with a statutory approach. The results showed that in the decision, the judge considered the authentic deed of acknowledgment of debt made by the defendant as valid evidence of the agreement between the plaintiff and the defendant. Although the defendant acknowledged the debt, the judge found that the defendant did not fulfill its obligation to pay, which was considered a default. The judge also emphasized the importance of good faith in the execution of the agreement, asserting that the collateral in the form of land certificates provided by the defendant did not change the fact that the obligation had not been fulfilled. Finally, the judge granted the plaintiff's claim, affirming the protection of violated rights and demonstrating a commitment to upholding justice in the legal system. This decision reflects the application of fundamental civil law principles, emphasizing the importance of authentic deeds, the definition of default, and the need to comply with agreed obligations. Through careful analysis of evidence and enforcement of creditors' rights, this decision not only resolves the dispute but also educates the public on civil law, encouraging integrity and compliance in transactions
Legal Review of Land Certificates Affected by Forest Areas in Indonesia Marisyah Taher; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1106

Abstract

This research examines the legal review of land certificates affected by forest areas according to the Indonesian Basic Agrarian Law (UUPA) and its implications within forest regions. Under the UUPA, land encompasses not only the surface but also the subsoil, establishing legal relationships between individuals or legal entities and the land, which results in specific legal statuses. The UUPA regulates land rights, including permanent rights, statutory rights, and temporary rights. Land registration is mandated to ensure legal certainty for rights holders and to provide protection by issuing valid certificates. These certificates serve as strong evidence of ownership, though they can be annulled if administrative or material errors are found. In the context of forest areas, land regulation becomes more complex. Forest areas, as stipulated by the Forestry Law, require protection and must be exempt from individual or corporate rights, as such rights can threaten the sustainability of forest ecosystems. To address land ownership conflicts within forest regions, the government has issued Presidential Regulations that govern the processes for managing, organizing, and resolving disputes in forest areas through various mechanisms, including social forestry programs. Agrarian reform is also implemented through land redistribution to promote welfare and equity. However, despite regulations governing certificates within forest areas, no specific policy exists regarding the annulment of certificates in these zones. Annulment is needed as a legal remedy for ownership disputes that may arise due to administrative defects or illegality
Legal Remedies for Breach of Contract in Digital Service Agreements Reza Kurniawan Cahya Putra; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1174

Abstract

This study examines the legal mechanisms for addressing breaches in service contracts in an increasingly complex digital era. It aims to identify legal challenges in digital transactions and provide relevant policy recommendations to enhance legal protections for digital service users. The research uses a qualitative method with a literature review as the data collection technique. The findings indicate that legal challenges in digital transactions are highly complex, especially in addressing breaches caused by technical factors, information asymmetry, and jurisdictional differences between countries. Digital contracts involving various parties from multiple locations require an adaptive and responsive legal approach to ensure user protection. Effective legal efforts include drafting clearer regulations on rights and obligations in digital contracts, implementing online dispute resolution (ODR) methods, enhancing service provider transparency, and fostering international collaboration for harmonizing digital contract law. With these policy recommendations, it is hoped that digital service users will receive adequate legal protection, creating a safe, fair, and trustworthy digital transaction environment.
Co-Authors Adi Tri Atmaja Aditya Luthfi Denia Ahzaza Fahrani Aisyah Nikita Albeth Albeth Andrew Giovanni Tanjaya Angeline Ani Anggreni Aurora Vania Crisdi Gonadi Bella Patnessia Catherine Carisa Khovin Chelvia Priscilla Christhalia Noveldy Tanjaya Christopher Kendrick Adam Cindy Situmeang Clara Brigitta Clara Vania David Oberlin Nugraha Saragih Dhiwatsani Yudhistira Dian Ayu Rizkika Edric Victori Elisa Setyowati Edison Eriyantouw Wahid Febry Yanti Fernando Fernando Fransisca Kusuma Aryani Gabriel Nugeraha Silalahi Gladys Natalie Aurielle Sirait Glorya Kalicya Hafidz Indra Pratama Hanifah Henna Kurniasih Hertanto, Sandrarina Ivana Ivana Janice Vianney Jeanet Trifena Lewi Jennyola Savira Jeremi Korayan Jimmy Gunawan Jodhantara Aulliandika Joshua Tanaya Kanisius Jehabut Kea Ezzati Ascarya Kusumonegoro Kevin Hernando Pratama Lavetta Ferels Lili Julianti Lorenzo Marco Luverne Pujian Quinn Marcelino Valentin Marisyah Taher Michael . Muhamad Ibnu Afif Muhammad Ruen Wijokangko Wijokangko Nadia Tasha Juniar Napoleon Tampubolon Natasya Elvara Yusuf Nickyta Firmaniar Omega Kharisma Yeremiarim Rafi Erdian Wibowo Rayhan Fahriza Yose Reza Kurniawan Cahya Putra Richie Fernando Rio Utomo Hably Riwenda Septiani Riyan Saputra Sahati Satria Gunawan Shafaa Alaadini Yuan Siaw Swhien Stevanny Stevanny, Stevanny Sylvie Liunadi Teguh Ariyanto Tifanni Tifanni Vanessa Vanessa Vincensia Vincensia William Hendarsin William Jason Wiranti Agustina Ningrum Wulan Agustini Yoga Wiratama Yuriz Wibowo Zahra Maulida Aulia