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All Journal Jurnal Ius Constituendum Unes Law Review Journal of Education, Humaniora and Social Sciences (JEHSS) Selisik : Jurnal Hukum dan Bisnis Jurnal Darma Agung Iuris Studia: Jurnal Kajian Hukum Jurnal Hukum Lex Generalis International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal Equity of Law and Governance COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat Locus Journal of Academic Literature Review Mahadi : Indonesia Journal of Law
Hasim Purba
Universitas Sumatera Utara
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Tanggung Jawab Notaris terhadap Akta Perjanjian Jual Beli Rumah yang Dikeluarkan Berdasarkan Keterangan Palsu oleh Para Pihak : (Studi Putusan Pengadilan Nomor 433/Pdt.G/2021/PN.Mdn) Devira Ramadhani; Hasim Purba; Sutiarnoto
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1369

Abstract

A notary’s official duties and authority are not solely for personal interest, but also serve the public interest. A notary is obligated to ensure the truthfulness of the deeds they draw up. Therefore, a notary is expected to act with honestly, fairness and transparency in preparing authentic deeds to safeguard all parties directly involved. This study employs a normative legal research method, using primary, secondary, and teriary legal materials, analyzed qualitatively. In the Courd Decision Number 433/Pdt.G/2021/ PN Mdn, the panel of judges considered that if a notary is proven to have knowingly or negligently include false information in a deed, this contitues both a violation of the notarical code of ethics and unlawful act. As a concequence, the notarial deed in question, being based on false statements, in declrared null and void by law.
Tinjauan Yuridis terhadap Perbuatan Melawan Hukum yang Dilakukan oleh Notaris dan Kreditur dalam Pembuatan Akta Autentik: Studi Putusan Nomor :1048/PK/PDT/2022 Eklesia Novita Alverin Siagian; Hasim Purba; Sutiarnoto
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1404

Abstract

A notary is a Public Official who is authorized to make Authentic Deeds. Notary in carrying out his/her position as a public official, when making a deed may include data or information originating from a fake letter/document into the deed. This incident can have legal consequences for both the deed made and the Notary who made the deed. The problem in this study is the unlawful act committed by the notary and the creditor in making an authentic deed. The Notary's liability for the authentic deed is in accordance with the decision. The research method used in this study is the type of Normative Juridical research. Normative Legal Research is a process of determining legal rules, legal principles, and legal doctrines to answer the legal problems faced. The Notary's liability in the event of an Perbuatan Melawan Hukum (PMH) on a deed depends on the problem at hand. If the Notary is proven to have committed an Unlawful Act together with one of the Applicants, then the Notary and the Applicant will bear all losses incurred on the deed, then the liability for the unlawful act is not only limited to liability for losses but also criminal liability.
Perbuatan Melawan Hukum Notaris terhadap Akta Partij Rapat Umum Pemegang Saham (RUPS) dan akta Partij Putusan Sirkuler Pemegang Saham Perseroan Terbatas: (Studi Putusan Nomor 46/PDT.G/2023/PN CBI jo. 236/Pdt.G/2019/PN.Bdg jo. 141/Pdt.G/2018/PN Blb) Gusnia Hanako; Hasim Purba; Mahmul Siregar
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1434

Abstract

This study examines the problems in the preparation of circular decision deeds and General Meeting of Shareholders deeds by notaries, particularly related to the lack of notarial neutrality and the failure to incorporate the parties' intentions into the deed, which renders the deed invalid. Using normative legal research methods with qualitative analysis, this study analyzes several court decisions and concludes that in Decision Number 46/PDT.G/2023/PN CBI and 236/Pdt.G/2019/PN.Bdg jo its cassation decision, as well as Decision Number 141/Pdt.G/2018/PN Blb jo its appeal and cassation decisions, the notaries were proven to have committed unlawful acts based on Article 1365 of the Civil Code for violating the Notary Position Law, although the researcher considers the decision in the second case to be inappropriate because the notary had exercised his authority in accordance with regulations by incorporating the parties' intentions into the deed.
Akibat Hukum Pengangkatan Anak terhadap Hak Mewarisi Melalui Penetapan Pengadilan Agama No. 57/Pdt.P/2019/PA.Lpk Noval Pra Ashari; Hasim Purba; Rosnidar Sembiring; Maria Kaban
Jurnal Hukum Lex Generalis Vol 6 No 6 (2025): Tema Hukum Keluarga
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i6.1565

Abstract

Abstract Child adoption is a practice that has long been carried out by Indonesian society, generally by married couples who do not yet have children, and is implemented in accordance with customs and laws and regulations. This normative legal research with descriptive analytical nature examines the legal system of child adoption, court validation, and the legal consequences arising using statutory, conceptual, and case approaches with qualitative analysis. The research results show fundamental differences between customary legal systems that sever blood relations between adopted children and biological parents, Islamic law and Law No. 35 of 2014 which do not sever such lineage relations. Child adoption requirements are regulated in Government Regulation No. 54 of 2007 and Social Affairs Minister Regulation No. 110/HUK/2009, where applications are submitted through social institutions then to the court to obtain a court decree if the specified requirements are met. The legal consequences of child adoption through court decisions show that adoptive parents only replace the role of biological parents in caring for, educating, and nurturing without severing blood relations, so that according to the Compilation of Islamic Law (KHI), adopted children are not included as heirs of adoptive parents but are entitled to obligatory bequests according to Article 209 paragraph (2), adoptive parents cannot become marriage guardians for adopted daughters and are not entitled to inherit from each other but may obtain obligatory bequests based on Article 209 paragraph (1), while adopted children still have blood relations with their biological parents and are entitled to inherit from each other according to the provisions of Articles 176-193 KHI.
Akibat Hukum Perbuatan Pendiri yang Tidak Merealisasikan Setoran Modal pada Perseroan Terbatas Shawina Widyandarie; Hasim Purba; Mahmul Siregar
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.1628

Abstract

Founders who fail to make capital contributions to limited liability companies create legal uncertainty because valid legal entity status requires proof of capital deposits. This research employs normative juridical methodology with statutory and library research approaches. The study concludes that founders must fulfill capital contribution obligations after company establishment to ensure legal certainty. Legal consequences of non-contribution constitute unlawful acts resulting in suspended shareholder rights and joint liability for damages. Founders must fulfill capital contribution responsibilities so that corporate organs can perform legal acts with legal certainty in company management.
Perlindungan Hukum Terhadap PPAT yang Diberhentikan Tidak Hormat dalam Keputusan MPPD dalam Kaitannya dengan Putusan MA No. 337 K/TUN/2021 jo. Putusan PK No. 65 PK/TUN/2023 Tumbur Yoel Rivaldo; Hasim Purba; Rudy Haposan Siahaan
Jurnal Hukum Lex Generalis Vol 6 No 4 (2025): Tema Hukum Perdata dan Kenotariatan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.2189

Abstract

PPAT, as an official who serves the public in land affairs, requires adequate legal protection. However, cases of unfair dismissal with disgrace by MPPD continue to occur, often disregarding settlements reached between the disputing parties. The limitations of MPPD's authority in imposing dismissal with disgrace based on the principles of proportionality and appropriateness; the legal standing of reconciliation between the complainant and the reported PPAT in relation to MPPD’s decision: and the forms of legal protection available to PPAT dismissed with disgrace based on the aforementioned court rulings. This research employs a normative legal research method. The results indicate that the authority of MPPD must be constrained by the principles of proportionality and appropriateness, considering the balance between the seriousness of the violation and the sanction imposed, as well as mitigating factors such as reconciliation and withdrawal of complaints. This study concludes that dismissal with disgrace without considering reconciliation and mitigating factors constitutes a violation of the principle of justice and may be annulled by the court.
Analisis Yuridis Perbuatan Wanprestasi atas Sengketa Pendaftaran Peralihan Hak atas Tanah dalam Jual Beli Tanah (Studi Putusan Nomor 27/PDT.G/2023/PN BJB) Rizka Putri Siregar; Hasim Purba; Rosnidar Sembiring
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.2271

Abstract

The sale and purchase of land that has not been followed by the transfer of land ownership certificates creates legal risks such as weak ownership, the loss of the buyer’s rights over the land, and the absence of guaranteed legal certainty and protection. This research employs a normative juridical method with a descriptiveanalytical approach. The results of the study indicate that land sale and purchase agreements in Indonesia represent an agreement between the seller and the buyer that gives rise to rights and obligations to transfer ownership rights. The juridical analysis of the judge’s considerations in Decision No. 27/Pdt.G/2023/PN Bjb shows that the sale and purchase of land is considered valid as a civil agreement because the legal requirements of a contract under Article 1320 and Articles 1457-1458 of the Civil Code have been fulfilled, namely mutual consent, legal capacity of the parties, a specific object, and payment of the agreed price.
UNLAWFUL ACT IN TRANSFER OF RIGHTS TO INHERITANCE LAND THAT IS DAMAGEOUS TO THE HEIR (STUDY OF SUPREME COURT DECISION NUMBER: 1206 K/PDT/2020 DATED JUNE 3, 2020) Anna Kholilah Daulay; Hasim Purba; Burhan Sidabariba; Edy Ikhsan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 5 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i5.1999

Abstract

Article 02 of Law No. 5 of 1960 concerning the Basic Agrarian Law states that ownership rights can be transferred. In hte process of transferring ownership, legal disputes are often unavoidable. One such legal issue related to the transfer of ownership is highlighted in the Supreme Court Decision No. 1206 K/Pdt/2020, in conjunction with the Makasar High Court Decision No. : 504/PDT/2018/PT MKS, and the Makasar District Court Decision No : 4/Pdt.G/2018/PN.Mks. The decisions indicate that the Defendants committed an unlawful act that harmed the Plaintiff, who was the heir. These rulings show discrepancies and conflicts in the court's verdicts. This thesis aims to explore the following issues: the legality of gifts between spouses under the Indonesian Civil Code and hte Compilation of Islamic Law, hte legal resolution of inheritance land transfers involving unlawful acts, and the judicial considerations in ruling on disputes involving unlawful acts in inheritance land transfers that harm the heirs (Case Study of Supreme Court Decision No. : 1206 K/Pdt/2020 dated June 3, 2020). The research method used in this thesis is normative juridical research, which is descriptive-analytic. It employs a normative juridical approach and secondary data sources, including primary, secondary, and tertiary legal materials. The data collection techniques include literature review and document analysis. The research uses qualitative analysis to examine the legal materials, followed by deductive reasoning to draw conclusions and provide answers to the research problems. The findings of this study reveal that hte legitimacy of gifting land between spouses during the marriage is prohibited under Article 1678 of the Civil Code, whereas, under Article 78 of the Compilation of Islamic Law, such gifts are not prohibited. Dispute resolution in land ownership transfers involving unlawful acts can be carried out through mediation or legal proceedings in court. The legal basis for the judge's consideration is Article 283 Rbg/163 HIR, where the Plaintiff successfully proved the claims in the lawsuit through a deed of gift and witness testimony. As a result, the court ruled that the disputed land was an inheritance from the Plaintiff's mother, and it was proven that the Defendants had committed unlawful acts. It is recommended that the parties clarify the legal status of the inheritance land by filing a petition with the Religious Court to prevent future inheritance disputes. Additionally, regional officials, such as the sub-district head, village head, and PPAT (land deed officials), should thoroughly investigate hte objects and family history of the gift applicant to ensure legal certainty in future gift transactions.
Analisis Yuridis Pembatalan Akta Wasiat Yang Melanggar Legitieme Portie Dalam Harta Bersama (Studi Putusan Mahkamah Agung Nomor 2748 K/Pdt/2022) Ella Novita Indah Harahap; Hasim Purba; Rosnidar Sembiring
UNES Law Review Vol. 8 No. 3 (2026)
Publisher : Program Magister Ilmu Hukum, Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/8yk3vq07

Abstract

Pembatalan akta wasiat yang melanggar legitieme portie dalam harta bersama perkawinan merupakan permasalahan kompleks dalam hukum waris Indonesia. Penelitian ini menganalisis pengaturan legitieme portie menurut KUHPerdata, akibat hukum pembatalan wasiat, dan pertimbangan Hakim dalam Putusan MA Nomor 2748 K/Pdt/2022 menggunakan metode yuridis normatif. Hasil menunjukkan legitieme portie berdasarkan Pasal 913 jo. 914 KUHPerdata dihitung setelah harta bersama dipisahkan sesuai UU Perkawinan. Pembatalan wasiat mengakibatkan ketidaksahan pada bagian yang melanggar hak ahli waris legitimaris sesuai Pasal 903 jo. 966 KUHPerdata. Putusan MA menegaskan perlindungan hak istri atas setengah harta bersama dan pentingnya kehati-hatian notaris dalam pembuatan akta wasiat.
Revocation of Deed of Gift Issued by Land a PPAT Due Heirs Disapproval (A Study on the Verdict of Medan High Religious Court No.112/PDT.G/2019/PTA.MDN) Farahdiba Syawlia Siregar; Hasim Purba; Jelly Leviza
Journal Equity of Law and Governance Vol. 6 No. 2
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.6.2.11663.144-164

Abstract

A gift is something which is given for free: it is intended to be the solution in the distributing inheritance so that there will be no conflict in practicing it. In reality, however, a gift is not the best solution because there are many disputes about the revocation of deed of gifts as what happens in the Verdict of the Medan PTA (High Religious Court) No.112/Pdt.G/2019/PTA.Mdn because a gift is a joint property and given by the parents to one of their children without any approval from the others heirs. The result is that it causes a conflict among the heirs since they think that it is not fair. This research uses juridical normative research method with descriptive analytical approach. The data consists of secondary data, obtained from primary, secondary, and tertiary legal materials. They are gathered by conducting library research and interviews. The gathered data are analyzed by using qualitative analytical method. The result of the research suggests that the revocation of the deed of gift happens because there is a regulation which has been violated-the gift is more than 1/3 of the property. In making the deed of gift, a PPAT is a responsible for it. He is required to understand the regulation the regulations on distrtribution of gift, let alone if the heirs and the testators are moslems. He has to know how to distribute a gift in the KHI (Complication of the Islamic Laws), and he has to apply the Principle of Prudence in making Deeds of Gift in order to avoid conflicts. The conclusion is that the Deed of Gift No.184/Binjai Kota/2004 issued by PPAT in the Verdict of the Medan PTA (High Religious Court) No.112/Pdt.G/2019/PTA.Mdn does not have any legal force because the deed of gift has violated the Islamic Sharia specified in Article 210 of KHI in which is more than 1/3 of the testator’s property and the distribution of inheritance does not have any approval from the heirs. The consequence is that the receiver loses his right on the gift. The panel of the judges’ decision causes the status of the land and the building becomes the joint property again. The panel of judges’ decision in this Verdict has applied the Principle of Prudence for the whole party since the judges’ do not side with any parties in the litigation, and they recognize the equality of rights and obligations of both parties.
Co-Authors Alemina Alemina Anitha Rosmauli Nainggolan Anna Kholilah Daulay Betty D. Laura Sihombing Boni Fransius Sitorus BUDIMAN GINTING Burhan Sidabariba Dedi Harianto Devira Ramadhani Edy Ikhsan Eklesia Novita Alverin Siagian Ella Novita Indah Harahap Embun Sari Evlin Yosephin Natazza Simanjuntak Farahdiba Syawlia Siregar Gusnia Hanako Jelly Leviza MAHMUL SIREGAR Maralutan Siregar Maria Kaban Muhammad Yamin Lubis, Muhammad Yamin Nanda Lucya Gultom Noval Pra Ashari Rizka Putri Siregar Rosnidar Sembiring Rudy Haposan Siahaan Safirah Fathin Marini Shawina Widyandarie Sunarmi, Sunarmi Suprayitno Suprayitno Surung Aritonang Aritonang Sutiarnoto Tan Kamello Tumbur Yoel Rivaldo Wanda Myra Carissa Zaidar Zaidar