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All Journal Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora JOURNAL of LEGAL RESEARCH RIO LAW JURNAL Jurnal Bisnis Mahasiswa Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Jurnal Impresi Indonesia Journal of Social Research SENTRI: Jurnal Riset Ilmiah Cerdika: Jurnal Ilmiah Indonesia Jurnal Hukum Indonesia JIM: Jurnal Ilmiah Mahasiswa Pendidikan Sejarah Jurnal Multidisiplin Indonesia Jurnal Riset Ilmiah Jurnal Penelitian dan Pengkajian Ilmiah Jurnal Sains, Ekonomi, Manajemen, Akuntansi dan Hukum Themis: Jurnal Ilmu Hukum
Franciska, Wira
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Journal : SENTRI: Jurnal Riset Ilmiah

 1 
KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN. Aziz, Abdul; Franciska, Wira; Marniati, Felicitas Sri
SENTRI: Jurnal Riset Ilmiah Vol. 2 No. 12 (2023): SENTRI : Jurnal Riset Ilmiah, Desember 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v2i12.1891

Abstract

Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT
TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DILUAR WILAYAH KERJANYA TERAIT AKIBAT HUKUM ATAS PELANGGARAN UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS. Sudomo, Darasati Damarani; Franciska, Wira; Widyanti, Amelia Nur
SENTRI: Jurnal Riset Ilmiah Vol. 2 No. 12 (2023): SENTRI : Jurnal Riset Ilmiah, Desember 2023
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v2i12.1908

Abstract

Responsibilities of notaries in making deeds outside their work area investigate the obligations and roles of Notaries when making deeds outside their work area. Related legal consequences for violation of the Notary Office Act and the notary Code of Ethics investigate the legal consequences that a notary may face if he violates the Notary Office Law and the notary Code of ethics. This study uses two theories of law, namely The Theory of legal consequences and liability theory. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used in this case the legislation relating to land acquisition and the method of collecting the legal materials are carried out by identifying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials (interpretation) is to get views on the public interest is ultimately owned by either private ownership or management. to get legal certainty and legal construction method. The result of this study is the deed outside the territory of the Notary is valid as evidence, can be canceled if it is defective and disputed, only by the party in the deed. The act of abrogation occurs as an act under hand. The notary is responsible civil and administrative, can sanction fees, damages, interest, warning, dismissal, or dismissal. Violation of Article 17 paragraph (1) letter a uujn-P triggers civil and administrative liability, lawsuit to the General Court. If the deed is void, the Notary is charged fees, damages, and interest. Administrative sanctions are established by the Supervisory Board of Notaries. Although not a criminal offense, notaries are bound by civil, administrative, and professional code of ethics liability. The Code provides for obligations, prohibitions, exceptions and internal sanctions
PERLINDUNGAN HUKUM BAGI PEMILIK TANAH ATAS PEMBATALAN SERTIFIKAT OLEH PENGADILAN TATA USAHA NEGARA (PTUN) YANG BERASAL DARI TANAH ADAT TANPA ADANYA PELEPASAN HAK. Hardhini, Euis; Franciska, Wira; Halim, Anriz Nazaruddin
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 1 (2024): SENTRI : Jurnal Riset Ilmiah, Januari 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i1.2115

Abstract

Landowners face serious challenges when their land titles are annulled by the Administrative Court (PTUN) rooted in customary lands. In the course of this law, the main focus is the right of ownership, the existence of landowners, and the influence of customary land. Without a clear waiver of rights, this legal complexity calls into question the existence and right of ownership of the landowner. In this context, a legal and ethical obligation arises to protect the rights of landowners, especially those from indigenous lands, answer the call of legal protection, and ensure justice and equality before the law. The method used in this research is normative juridical legal research, which was carried out as an effort to obtain the necessary data regarding the problem. The data used is primary data as supporting legal material for secondary data. Data analysis was carried out using qualitative analysis methods. The result of this study is that landowners are at risk of losing legal certainty and protection if their certificates are canceled by the Administrative Court, especially related to customary land without a clear waiver of rights. The cancellation requires the revocation of the certificate, resulting in the inability of the certificate holder to physically control the land and cause harm to all parties, according to the theory of the consequences of Soeroso law and the legal protection of landowners related to the cancellation of certificates by the court from customary land without waiver involving the settlement of land disputes. Generally, land disputes can be resolved through customary deliberations, led by Adat Para-Para, or through a court in the settlement of land cases.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH SEMENTARA (PPATS) AKIBAT KELALAIAN DALAM PEMBUATAN AKTA JUAL BELI TANAH ATAS PERALIHAN HAK ATAS TANAH. Saputra, Salim; Franciska, Wira; Widyanti, Amelia Nur
SENTRI: Jurnal Riset Ilmiah Vol. 3 No. 3 (2024): SENTRI : Jurnal Riset Ilmiah, Maret 2024
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/sentri.v3i3.2454

Abstract

Negligence in making a sale and purchase deed carried out by the sub-district head as a temporary PPAT will give rise to legal consequences. Thesis research aims to analyze the legal consequences of the Land Sale and Purchase Deed due to the negligence of the Temporary Land Deed Official (PPATS) regarding the transfer of land rights. As well as the responsibility of the Temporary Land Deed Making Officer (PPATS) for negligence in making a land sale and purchase deed for the transfer of land rights. The theory used in this writing uses the theory of legal consequences and the theory of responsibility. The method used is a normative juridical research method by examining library materials or secondary data. How to approach legislation (Statute Approach), Case Approach (Case Approach), and Analytical Approach (Analytical Approach). Sources of legal materials consist of primary, secondary and tertiary legal materials. As well as legal interpretation techniques known in legal science, including Grammatical Interpretation, interpretation based on grammar or linguistics (de gramatikale of taalkundige interpretatie) and Systematic Interpretation, namely research on legal systematics that can be carried out in legislation. From the research results, it was concluded that the legal consequences of the Land Sale and Purchase Deed due to the negligence of the Temporary Land Deed Official (PPATS) regarding the transfer of land rights resulted in the deed being null and void. Such cancellation may cause material and/or immaterial losses to the parties concerned. The responsibility of the Official Making the Temporary Land Deed (PPATS) for negligence in making the Land Sale and Purchase Deed for the transfer of land rights requires individual responsibility and legal responsibility. Legal responsibility takes the form of civil and administrative responsibility. The suggestions from this thesis are that it is hoped that the National Land Agency should further improve its formal and informal guidance to Temporary PPATs. It is best for the Land Deed Making Officer or Temporary Land Deed Making Official to make a land sale and purchase deed to be thorough, careful and careful.
Co-Authors Abdul Aziz Alif Santosa, Muhammad Ambon, Is Faisal Atmadja, Dhody.AR.Widjaja Bangapadang, Mona Yulianty Bantu, Sherly Candra, Mardi Dewantara, Govinda Dhan, Sandy Arif Fitrian, Achmad Hakim, Nur Halim, Anriz Nazaruddin Halim, Santoso Hardhini, Euis Hutabarat, Bardamean Marulitua Milko Hutomo, Putra Indrawati, Dini Ayu Ismail Ismail Ismed, Mohamad Kadir, Taqiyuddin Khalimi Khalimi, Khalimi Koto, Zulkarnain Marbun, Elida Marbun, Monalisa Marniati, Felicitas Sri Martien, Doni Mau, Hedwig Adianto Mayusta, Silva Nasseri, Jelly Nazarudin Halim, Anriz Nurwidyanti, Amelia Prihartonoa, Eric Ridwan, Refki Safitri, Esa Aprilia Sako, Alim Salim Saputra Salsabila, Aulia Sibarani, Christine Martha Rinauly Sirait, Ryanto Siringoringo, Susilawaty Sitanggang, Hermanto Soelistyo, Arie Sondang, Tarida Sudomo, Darasati Damarani Suminar, Enden Tirta Mutisari Situmorang, Riski Tjahjaningtyas, Kristien Turhamun*, M Slamet Wibowo, Agus Ari Widyanti, Amelia Nur Yani , Ahmad Yuhelson Yuhelson Zulki Zulkifli Noor