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The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice A. Yoma Amanda Putri; Yuke Sinayangsih; Djauhari Djauhari
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3170

Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.

Juridical Review on Asset Management of Land Rights for Roe Building Which Has Run Out Time (Analysis Decision Dispute in PT. Citra Mandiri, Central Java) Hemastuti Arini; Misbakhul Munir; Djauhari Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3226

In this study will be discussed how the consideration of judges in deciding this case and land management measures HGB assets. This research is an analytical description with normative juridical approach, by studying library materials (literature study) that the data used is secondary data, which includes the primary legal materials, secondary, and tertiary. The judges consider that the vulnerable period from 2009 to 2016 the land was returned to state control because certificate of HGB have expired in 2009 and was not renewed due to the occurrence of the land dispute. So PT CMJT and occupants of the home office, the same is not so entitled to the house. But in 2015, PT CMJT has committed an unlawful act that is with noticeboards statement of ownership and forcible emptying of the occupants of the house. Then the judges ruled on compensation of 100 million rupiah to PT CMJT the residents were harmed. This can be avoided if the PT CMJT have a good asset management can be done through asset management, namely certification, storage, security,Keywords: Asset Management; Regional Enterprise; Land Broking.

Legal Implications For Notary Who Does Not Attach The Fingerchop On Original Agreement Edi Adi Ambarawa; Yudi Hendarto; Djauhari Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3130

This study aims to find out the background of the attachment of fingerchops to the Original Agreement and legal implications for Notary who do not attach it. This study used the normative legal research method, through the approach of law to gain views and doctrine as the basis of legal argument on legal issues studied. Based on the results, it can be seen that the background attached fingerchop tap on the Original Agreement aims to anticipate when the applicant denied his signature. Thus, as additional evidence uses fingerchops. Legal implications for a Notary who does not attach a fingerchop to the Original Agreement may be subject to sanctions in accordance with Article 16 paragraph (11) of Notary Law: (a) written notice; (b) temporary dismissal; (c) dismissal with respect; (d) dismissal with disrespect. If a written warning sanction to a Notary is not complied with or violated by the Notary concerned, then the following sanctions may be imposed in stages.Keywords: Notary; Fingerchop; Original Agreement.

Juridical Analysis on Loading Acquisition of Land And Buildings (BPHTB) on The Transfer of Land And Building to Taxpayers in Pekalongan Bella Bestharinda Anjani; Meilyna Dwijanti; Djauhari Djauhari
Jurnal Akta Vol 5, No 3 (2018): September 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i3.3183

Taxes as a source of revenue for the state should be a great reception because the source another in come. One type of tax is BPHTB imposed on taxpayers individuals or legal entities that transfer of land rights. Methods of using juridical empirical approach, analytical descriptive specification. Source data using primary data and secondary data, engineering data collection is by interview, documentation and literature, data analysis done qualitatively. The results showed that: 1) The amount of taxes payable in SKBKB will be subject to an administrative penalty of 2% calculated from tax under or over for a maximum period of 24 months from the date the tax is due, but if the taxpayer to report it / then not be subject to administrative sanctions ; 2) The application of tax rates on Acquisition of Land and Building is 5% (five percent); 3) Role the PPAT in giving the services to the people in application of making the land certificate based on the regulation and become registated in PPAT.Keywords: Cost, Supply Customs Land and Building (BPHTB), Taxpayer.

The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL) Arif Budi Pamungkas; Zaldy Kurniawan; Djauhari Djauhari
Jurnal Akta Vol 5, No 2 (2018): June 2018
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v5i2.3175

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

Review on The Application for Rights Juridical Backing to Book C Village Based on PP No 24 of 1997 on Land Registration in Sumowono Sub-District, Semarang District Rina Budi Setiyani; Dhanar Dhono Vernandhie; Djauhari Djauhari
Jurnal Akta Vol 6, No 1 (2019): March 2019
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v6i1.4262

Land registration function is to provide evidence of land ownership (certificate) in order to provide legal certainty and legal protection to rights holders on the ground. PP 24/1997 on land registration, implying that the Certificate of Land Rights to provide legal protection to the rights holder named on the certificate as evidence that stronger as the physical data, juridical met. In corvetion indigenous lands and quotation Village Books C that is Letter C which may be cited as proof of entitlement. Letter C contains data on the origin of the soil and record the transition that occurs before 24 September 1960. In the PP 24/1997 states that the book excerpts C Letter C Village and Village serves as evidence of payment of tax and have the force of law as the foundation of evidence for the right to land. Village C book loss events resulted in the loss of certainty about the object, the subject, and the certainty of the status of their land rights and it can cause problems to the strength of evidence for the right to land. Then how the impact of the loss of the book C Village of the rights on public land that is lost letter C? ensuring legal certainty for holders of indigenous land rights and land registration application process for them.The research method of juridical empirical approach to socio-legal research, by location in District Sumowono and Semarang District Land Office.Keywords: Land Registration, Guarantee Legal Certainty, The Strength Of Evidence.

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