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All Journal JURNAL MAHKAMAH 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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TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH TERHADAP AKTA JUAL BELI TANAH YANG TELAH DIBEBANI HAK TANGGUNGAN (STUDI PUTUSAN PENGADILAN NEGERI TEGAL NOMOR 29/PDT.G/2017/PN.TGL) Adi Tri Atmaja; Gunawan Djajaputra
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.v3i2.10559

Abstract

Land Deed Official (PPAT) deeds are authentic deeds that have absolute power regarding matters or events mentioned in the deed. Therefore, the deed made by PPAT must be made in such a way that it can be used as a strong basis for registration of transfer of rights. The settlement of problems that arise as a legal consequence of the purchase of land that is being encumbered with a Mortgage is based on the provisions of Article 6 of the Mortgage Law. The problem faced in writing this thesis is how the responsibility of PPAT for the deed of sale and purchase of land that has been burdened with mortgage rights (Tegal District Court Decision Study Number 29/Pdt.G/2017/PN.Tgl). The research method used in writing this thesis is normative legal research. The results show that PPAT can be held accountable for administrative, civil, and criminal responsibility for the issuance of a deed of sale and purchase of land rights bound by collateral without an original certificate. PPAT is obliged to refuse to make a sale and purchase certificate if the parties do not provide the original certificate. If a PPAT continues to issue the sale and purchase deed, the PPAT concerned has neglected his obligations in carrying out his position either due to an element of intent, negligence, and / or negligence.
TANGGUNG JAWAB NOTARIS ATAS AKTA PERJANJIAN PERKAWINAN YANG DIBATALKAN OLEH PUTUSAN MAHKAMAH AGUNG (STUDI PADA PUTUSAN MAHKAMAH AGUNG NOMOR 598 PK/PDT/2016) Edric Victori; Gunawan Djajaputra
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.v4i1.12019

Abstract

A marriage is a legal act if it is carried out according to the provisions of the law that apply. Married couples make marriage agreements before they legalize their marriage, which usually concerns the arrangement of marital property and made to anticipate problems that might arise when the marriage ends according to the law. Law 2 of 2014 concerning the Position of Notary Public, the notary is authorized to make authentic deeds regarding all actions, agreements and stipulations required by statutory regulations and desired by those concerned to be stated in authentic deeds relating to the marriage agreement deed made by the Notary. There is a case about the cancellation of the marriage agreement deed in the Supreme Court Decision Number 598 PK / Pdt / 2016. The result of the research is legal consequences of marriage agreement deeds that are not made in front of a marriage legislator, based on Article 29 paragraph 1 of Law Number 1 of 1974 concerning Marriage and article 147 of the Civil Code, if the marriage agreement is not registered. For married couples who have made a marriage agreement but did not register it to the marriage legislator, the agreement remains binding on both parties, but for third parties, in this case the Notary, if the marriage agreement is not registered, the legal consequence is that the marriage agreement has no power binding law.
TANGGUNG JAWAB NOTARIS TERKAIT PEMBATALAN AKTA YANG DIAKIBATKAN OLEH KELALAIAN DALAM MENJALANKAN JABATANNYA (CONTOH KASUS PUTUSAN NOMOR: 73/PDT/2018/PT.DKI) William Hendarsin; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9805

Abstract

Public Notary is an official authorized to make an authentic deed. An authentic deed has perfect proof of strength because in its making was carried out by an authorized official and attended by witnesses, but an authentic deed made by a Public Notary can be a deed under the hand in this case the strength of proof is not perfect if the making of an authentic deed has been proven to violate the provisions of the act Law Number 2 of 2014 concerning Amendment to Law number 30 of 2004 concerning Position of Notary Public. In making an authentic deed, the Notary is required to make a deed based on the agreement of the parties, but in practice often the Notary violates this and makes a deed that is only approved by one party. As is the case in Decree Number 73/PDT/2018/PT.DKI, that in making binding purchase agreements for land and buildings based on accounts receivable debts, of course, violates regulatios and causes losses fot Debtors (Plaintiffs) who sue Creditors and Notary who make this agreement. So the Plaintiff filed a lawsuit in court so that the sale and purchase deed made under the sale and purchase agreement is null and void.
PENGATURAN MENGENAI MAATSCHAP PADA UNDANG-UNDANG JABATAN NOTARIS DAN KITAB UNDANG-UNDANG HUKUM PERDATA TERKAIT TUGAS DAN JABATAN NOTARIS Bella Patnessia; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9808

Abstract

Notary as a general official authorized to create an authentic deed to help create legal certainty. In the law of Notary Number 2 of 2014 on the amendment to Law Number 30 of 2004 on the Department of notary state that notary is allowed to open a notary office in the form of Civil Fellowship. This civil federation will be based on civil fellowship in accordance with the law of the Civil Code. The sense of civil fellowship itself is two or more people wo form an alliance by incorporating something into the compan with the main purpose of seeking profit. So that is the problem appears because on the notary self is not paid but it gets honorarium, beside the problems on independence and also immutability that will be difficult to run when the notary join a civil federation.The research method used is a normative juridicial method of analysis. The techniques of data collection conducted through literature studies and data collection tools are document studies. Data sources of primary data, secondary legal materials, and secondary data are divided into primary legal materials, secondary legal materials, and a tertiary law. The theory used in this research is the theory of legal certainty, and the theory of egal effectiveness.The form of civil partnership that is suitable for public notary is limited to a joint office. So there are no settings and management, there is no need to worry about the conflict and the inequality of the law.
IMPLEMENTASI UNDANG-UNDANG NOMOR 2 TAHUN 2014 TERHADAP KEWENANGAN DALAM PEMBINAAN DAN PENGAWASAN NOTARIS GUNA PENINGKATAN PELAKSANAAN JABATAN NOTARIS DI INDONESIA (STUDI KASUS MAJELIS PENGAWAS DAERAH JAKARTA BARAT YANG BERADA DI JAKARTA BARAT) Nickyta Firmaniar; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 18, No 1 (2020)
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v18i1.9809

Abstract

.A. Notary holds an important role in creating legal certainly and protection for the community by issuing authentic deed which is made before him and serves as a perfect proof. With the duties and responsibilities held by Notaries are under supervision which is carried out by the authorities of the Notary is that the Notary fulfill the requirements to safeguard the public’s interests when they are carrying out their duties. The existence of Law Number 2 Year 2014 concerning the Amendment to Law Position should become a law-abiding rule for all Notaries in Indonesia which explicitly provisioned regarding the guidance, supervision, prohibition, and sanctions. Further, its implementing regulations also regulate comprehensively regarding the responsibilities and obligations of the Notary Supervisory Board in conducting its supervising duty.One of the legal issues in this study is regarding the regulation of supervisory and coaching authority under Law Number 2 Year 2014 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position when a Notary Commits a violation in his role as in Notary Position as well as in Notary organizations.The research method used in this paper is Empirical Juridical Method by studying primary, secondary, and tertiary data that is analyzed qualitatively. To strengthen this research, interviews were held with relevant parties at the research location.In carrying out this duty, a Notary must comply and act in accordance with Law Number 2 Year 14 concerning Amendment to Law Number 30 Year 2004 concerning Notary Position, Notary Code of Ethics, Civil Code of Indonesia, Criminal Code of Indonesia, and other related laws and regulations. Therefore, a Notary will perform well and in accordance with the rules, and also will be avoided from violations that may be a problem for Notary in the future.  
PERAN PEMERINTAH DAERAH DALAM MASALAH PERDATA TERKAIT SEWA-MENYEWA PRIBADI DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN (PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 51 TAHUN 1960 DAN KITAB UNDANG-UNDANG HUKUM PERDATA) Muhammad Ruen Wijokangko Wijokangko; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

That in the case of land use without the rightful permit or his proxies in accordance withGovernment Regulation in Lieu of Law Number 51 of 1960. So for people who feel their land isoccupied by other people without the rightful permit, they can apply for legal protection to thegovernment in order to complete the use of land without the right of permission or their proxies,this is in accordance with the authority granted by the law that local governments can control orvacate the use of land without the right of permission or their proxies in order to bring order totheir territory. Even if in this case there is a civil problem, the government can enter into thesettlement of this problem with a note that the lease agreement between the parties has ended or isnull and void or there is a legal defect in it and the af airs between the parties have automaticallyended. So, with the lease ending in accordance with the Civil Code, the person occupying the landwithout the right to use the land is included in the category of use without the rightful permissionor his proxies. And this is where the government can play a role in providing legal protection tothe community in the context of structuring its territory, not to declare someone's ownership.
ANALISIS PANDEMI COVID-19 SEBAGAI DASAR TERJADINYA FORCE MAJEURE DALAM SUATU PERJANJIAN (STUDI KASUS PUTUSAN NOMOR 629/Pdt.G/2020/PN JKT.SEL) Christopher Kendrick Adam; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Force Majeure is a situation in which makes the debtor in an agreement enter a forceful station that makes the debtor’sobligation becoming impossible or very dif icult to execute in which the debtor won’t be able to finish their obligationwithout suf ering great losses especially in a disaster. In this case the accused which is also the debtor in the agreementthat is related to the genesis of Force Majeure because of the many dif iculties relating to production that is caused byCOVID-19 Pandemic. The writer is researching matter related to the judge’s consideration in this case in which if theconsideration itself can be considered as Force Majeure in law using the research method of empirical legal research.The result of this research will be based from the writers opinion that the Judge’s consideration didn’t fully recognizefully the validity of proof from one of the party that participate in this case, because if the proof from all party has beenfully considered and recognized then it could be the case that relative Force Majeure can be applied in this case. Thewriter hope that judges in the future can fully consider all the proof from all party fairly.
KEPASTIAN HUKUM KEPEMILIKAN SERTIFIKAT HAK ATAS TANAH TUMPANG TINDIH PERSPEKTIF PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (STUDI KASUS: PUTUSAN PENGADILAN NEGERI TANJUNG PINANG NOMOR: 52/PDT.G/2020/PN.TPG) Aditya Luthfi Denia; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Soil as an essential source of life for humans, fauna, and flora must be maintained. ownership of a plotof land by a person is marked by the ownership of a land certificate. A land title certificate is proof ofa person's ownership of a land and its buildings. The author uses normative legal research methodsand uses interview data as supporting data. The results of the study reveal that a certificate indicatingownership of a piece of land is regulated in Government Regulation Number 24 of 1997 concerningLand Registration. Court Decision Number 52/PDT.G/2020/PN.TPG is used by researchers to assesslegal certainty and legal remedies that can be taken in the event of an overlapping dispute over landcertificates claimed by several parties. The results of this study are land certificates are very strongevidence for proof in court where the certificate that is recognized as true is a certificate issued first bythe land of ice and if there are overlapping land certificates, the actual owner can file a lawsuit to thedistrict court or court state administration to cancel other certificates.
TANGGUNG JAWAB NOTARIS DAN KEDUDUKAN PERJANJIAN NOMINEE DI INDONESIA Ivana Ivana; Gunawan Djajaputra
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Agreement is a concrete event that can be seen from written or unwritten agreements, in Indonesia there are severaltypes of agreements, namely appointment agreements. The nomination agreement under Indonesian law can beclassified as an agreement that can lead to legal contraband. The appointment agreement has not been made in theCivil Code, but in fact the prospective agreement grows and develops in the community, the agreement is alsoincluded in the category of matchmaking or anonymous contracts. The appointment agreement can be interpreted asa statement of truth and a power of attorney, usually the agreement with the candidate is stated in the form of a deedof the parties, to strengthen the agreement, an authentic deed is made. This work uses a normative research methodwith a legislative approach, a case-by-case approach and a conceptual approach, for research purposes to analyzeand explain the notary's duties of wrongdoing committed by the parties in the agent's deed. responsible for theexistence of the nomination contract, only a notary who carries out according to his abilities and responsibilities inaccordance with the applicable rules, but if an unlawful act occurs, it will be returned to the maker of thenomination deed.
KETENTUAN PEMENUHAN HAK ANAK LUAR KAWIN ATAS PENERIMAAN HARTA WARISAN DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1594K/PDT/2018) Vanessa Vanessa; Gunawan Djajaputra
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol. 20 No. 1 (2022)
Publisher : Faculty of Law - Tarumanagara University

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Abstract

Regarding the legal position of illegitimate child in terms of inheritance which is different from legitimate child, it quite often found errors occur. The incident where an error occurred in the distribution of inheritance was also found in the case of the Supreme Court's Decision Number: 1594K/Pdt/2018. Based on this case, a problem arises regarding the equal distribution of inheritance between legitimate child and illegitimate child. Then, problems arise, namely how the legal position of illegitimate children in receiving inheritance and what form of legal protection for illegitimate children who do not fulfil Article 272 of the Civil Code in receiving inheritance. The author uses normative legal research methods. the legal position of an illegitimate child who fulfills Article 272 of the Civil Code with a legitimate child is only the same for the ownership of saisine, heriditatis petitio, and legitieme portie rights, but the share of inheritance is different. Meanwhile, illegitimate children who do not fulfil Article 272 of the Civil Code can obtain legal protection like receiving grants or testaments. So, the author can conclude that the portion of illegitimate children who fulfill Article 272 of the Civil Code gets a smaller share than legitimate children. For illegitimate children who do not fulfil Article 272 of the Civil Code, they are still entitled to legal protection like receiving grants or testaments. It is better for people who will become heirs to be able to distribute inheritance to their heirs fairly and equitably based on the provisions stipulated in the Civil Code.
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 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