Claim Missing Document
Check
Articles

Found 4 Documents
Search
Journal : Justness : Jurnal Hukum Politik dan Agama

Tinjauan Hukum Terhadap Perbuatan Melawan Hukum Atas Penguasaan Sebidang Tanah Yang Telah Mencapai Daluwarsa Menurut Kitab Undang-Undang Hukum Perdata: (Studi Putusan Perkara Nomor. 19/Pdt.G/2019/PN.KRS) Abdur Rohim; As’ad Romadhoni
JUSTNESS - Jurnal Hukun dan Agama Vol 1 No 2 (2021): Desember 2021
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.554 KB) | DOI: 10.61974/justness.v1i2.6

Abstract

An unlawful act is an act that causes harm to another person, and requires the person who caused the loss to compensate for the loss. The fact shows that almost all cases related to land are an act against the law, namely by controlling land belonging to other people without rights. The control or ownership of a plot of land can be done in several ways, one of which is by expiry (past time).The problems studied in this research and its objectives are first to find out, examine, and analyze the provisions or legal rules governing unlawful acts over the control of a plot of land that has reached expiration according to the provisions of the Civil Code, Second to find out, examine and analyze the legal considerations of the decision. Kraksaan District Court case no. 19/Pdt.G/2019/PN.Krs.Based on the formulation of the problem and research objectives, the type of research used is juridical-normatl by using the statute approach and case approach.The results of the research in the preparation of this thesis, firstly Acts against the Law (PMH) are regulated in Article 1365 to Article 1380 of the Civil Code, Land Control / Property Rights are regulated in Article 20 paragraph 1 of Law no. 5 of 1960 Jo. Article 32 paragraph 1 of PP Number 24 of 1997 and Expiration are regulated in Article 1946-1993 of the Civil Code, the two decisions of the Judges of the Kraksaan District Court with Case Number 19/Pdt.G/2019/P N.Krs have been through appropriate legal considerations based on the facts of the trial . Keyword: Unlawful Acts, Land Tenure, Daluwama
PERALIHAN HAK ATAS TANAH WARIS KEPADA AHLI WARIS SAAT AKAN DILAKUKAN JUAL BELI ABDUR ROHIM
JUSTNESS - Jurnal Hukun dan Agama Vol 2 No 2 (2022): September 2022
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v2i2.31

Abstract

Abstract Transfer of land rights according to positive law in Indonesia, namely property rights according to civil law. The property rights are in accordance with the provisions of the conversion in the UUPA into the transfer of land rights according to government regulations. Article 37 paragraph (1) Number 24 of 1997.Based on this, what needs to be discussed in this study is the mechanism for the transfer of land rights that can be carried out under the hands of the two bases for the transfer of land rights when buying and selling transactions are carried out under the hands can be used as evidence of the transfer of land rights according to positive law in Indonesia. This study uses a normative juridical research type using a conceptual approach to legislation. Then assisted by legal materials used, namely Primary and Secondary legal materials which are described, described, and analyzed in relation to each other.1961, especially in Article 1 of the Minister of Agrarian Regulation Number 11 of 1961 concerning the form of a deed which explains that every transfer of land rights must be made with an official deed (PPAT). Second, the transfer of land rights carried out under the hands before the enactment of PP Number. 24 of 1997 can be used as evidence of the transfer of land rights in accordance with the provisions of Article 24 concerning proof of the old rights of PP Number. 24 of 1997 concerning land registration. However, if the transfer of land rights is carried out after the enactment of government regulations Number. 24 of 1997, the transfer must be proven by the PPAT Deed. Keywords: Transfer of Inherited Land Rights
AKIBAT HUKUM DARI PEMBUATAN AKTA JUAL BELI YANG MENDAHULUI PROSES PEMECAHAN SERTIFIKAT TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Kantor Pejabat Pembuat Akta Tanah Muhamad Nur Kholis Muslim, SH., M.Kn.): AKIBAT HUKUM DARI PEMBUATAN AKTA JUAL BELI YANG MENDAHULUI PROSES PEMECAHAN SERTIFIKAT TANAH MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH (Studi Kasus Kantor Pejabat Pembuat Akta Tanah Muhamad Nur Kholis Muslim, SH. admin, Admin; Moh. Babur Rizki; Khusnul Hitaminah; Abdur Rohim
JUSTNESS - Jurnal Hukun dan Agama Vol 4 No 2 (2024): September 2024
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v4i2.66

Abstract

Abstract The making of a deed of sale and purchase of land by a Land Deed Official (PPAT) originating from a parent land certificate must first be carried out by splitting the land certificate. However, in its application, PPAT MuhamadNurKholis Muslim, SH, M.Kn issued a deed of sale and purchase of land originating from the parent land certificate without preceding the splitting of the land certificate. This study aims to determine the legalconsequences of making a deed of sale and purchase of land that precedes the process of splitting the land certificate at the Office of PPAT MuhamadNurKholis Muslim, SH, M.Kn and the settlement process. This research is an empirical juridical research using a conflict approach, namely by analyzing the problems of making a deed of sale and purchase conducted through interviews and analysis of related documents. The results of this study explain that the sale and purchase deed made prior to the process of splitting the land certificate is an inappropriate procedure, the document does not contain correct information so that it does not have strong legal force. The settlement process is carried out by the relevant parties submitting the split of the main land certificate to the BPN Office of Probolinggo Regency and revising the sale and purchase deed to the PPAT concerned. With these problems, it is hoped that all PPATs will carry out their duties procedurally. Keywords: Deed, Sale and Purchase, Split, Land Certificate
PEMBATALAN PERJANJIAN YANG DILAKUKAN OLEH SALAH SATU PIHAK Cahyono, Rudi; Abdur Rohim; Vera Wati
JUSTNESS - Jurnal Hukun dan Agama Vol 5 No 1 (2025): Maret 2025
Publisher : STIH Zainul Hasan Kraksaan Kraksaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61974/justness.v5i1.75

Abstract

Abstract This article discusses the phenomenon of cancellation of an agreement carried out by one of the parties in contract law. Cancellation of an agreement can occur for various reasons, such as violation of agreed terms, inability to fulfill obligations, or elements of fraud and coercion. In this study, the author analyzes the legal basis governing the cancellation of agreements, including provisions in the Civil Code (KUHPer) and general principles of contract law. Apart from that, this article also explores the legal consequences of canceling an agreement, both for the party canceling it and the party who is injured, as well as steps that can be taken to resolve disputes that arise as a result of the cancellation. This article aims to provide a deeper understanding of the legal implications of canceling an agreement and the importance of complying with the terms agreed upon in the contract. In this way, readers can understand the legal dynamics related to canceling agreements and the preventive steps that can be taken to avoid future conflicts. Keywords : contract law, cancellation