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All Journal SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Penelitian Hukum Legalitas Pena Justisia: Media Komunikasi dan Kajian Hukum Syntax Idea Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Journal of Innovation Research and Knowledge Journal of Administrative and Sosial Science (JASS) SENTRI: Jurnal Riset Ilmiah Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) JPNM : Jurnal Pustaka Nusantara Multidisiplin Jurnal Pengabdian Masyarakat dan Riset Pendidikan Jurnal Multidisiplin Indonesia Jurnal Penelitian dan Pengkajian Ilmiah Rechtsvinding Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik J-CEKI
Dhoni Martien
Universitas Jayabaya
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Veterinary Other

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Kepastian Hukum Akta Jual Beli yang Dibuat Pejabat Pembuat Akta Tanah Mengandung Cacat Secara Materil Ahmad Chairul Anwar; Anriz Nazarudin Halim; Dhoni Martien
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 2 No. 4 (2025): Desember : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v2i4.1412

Abstract

The phenomenon occurring in society regarding deeds of sale and purchase drawn up by land deed officials that contain material defects is certainly contrary to what is stipulated by law. Thus, the research questions are: What are the legal consequences of a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official? and How does a material defect in a Deed of Sale and Purchase drawn up by a Land Deed Official arise? In this study, the researcher uses Otto Jan Michael's theory of legal certainty and R. Soeroso's theory of legal consequences. The research method used in this study is normative juridical research janis, namely legal research with literature studies. The research approaches used are legislation, conceptual approach, analytical approach and case approach. The technique of collecting legal materials is by identifying and inventorying positive legal rules. Literature, journals and other sources of legal materials. For the analysis technique of legal materials, it is carried out by grammatical interpretation, systematic interpretation, analogy construction and legal refinement construction. The results of this study found the conclusion that the legal consequences of the sale and purchase deed being carried out unilaterally made before PPAT caused the sale and purchase deed to not have legal certainty. Although the sale and purchase deed was made formally by and before PPAT, the legal action contained a material defect, and was canceled by the court, there was also a legal relationship between the legal subjects, the cancellation showed legal certainty, but gave birth to a lawsuit due to unlawful acts, and the legal certainty of the sale and purchase deed made by PPAT contained material defects making PPAT not have binding legal force which resulted in unilateral The sale of land must be done by mutual agreement or known to both parties, in addition to having no legal force, the deed is canceled by the court. Thus, the cancellation of the sale and purchase deed contains a material defect in the court, providing legal certainty for matters that are not in accordance with the applicable provisions of the law.
Perlindungan Hukum terhadap Pemilik Saham Selaku Penjual atas Pembatalan Akta Jual Beli Saham oleh Pengadilan Nizar Nizar; Dhoni Martien; Amelia Nur Widyanti
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 7 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v7i1.2190

Abstract

Share trading in limited liability companies that does not comply with the procedures for transferring share ownership under the Company Law may lead to legal disputes, particularly unpaid share transactions. This study examines the annulment of share sales by the court to protect the seller’s interests when the buyer defaults, based on Article 1320 of the Indonesian Civil Code. The case analyzed is District Court Decision No. 6 K/Pdt.G/2017. Legal protection for sellers includes clauses concerning legal subjects and objects, price, payment methods, share transfer, and dispute resolution in accordance with Articles 1457 and 1513 of the Civil Code. Using a normative juridical method with statutory, conceptual, analytical, and case approaches, the study concludes that default in share sale agreements may nullify ownership rights. Therefore, strict sanctions and legal remedies through the court are essential to safeguard shareholders’ rights.
Perlindungan Hukum terhadap Konsumen  atas Perjanjian Pengikatan Jual Beli Berdasarkan Klausula Baku Prayoga, Yudika Bagus; Martien, Dhoni; Anwar, Khoirul
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 1 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Januari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i1.2321

Abstract

Discussion on legal protection for consumers regarding sales and purchase agreements based on standard clauses. The research was conducted using normative juridical methods. The results of the research concluded that legal protection for house sales and purchase agreements using standard clauses is that sales and purchase agreements that are usually made before the Deed of Sale and Purchase, can be canceled on the condition that the parties must know and agree with each other who will bind themselves in the agreement by including a clause that will override Article 1266 of the Civil Code, so that the conditions for canceling the PPJB can be carried out without the need for a judge's approval in court.
PERLINDUNGAN HUKUM BAGI PENJUAL TERHADAP PERALIHAN HAK ATAS TANAH AKIBAT JUAL BELI YANG BELUM LUNAS Muhammad, Fachrul; Wira Franciska; Dhoni Martien
Journal of Innovation Research and Knowledge Vol. 5 No. 10 (2026): Maret 2026
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

In its execution, the Deed of Sale and Purchase (Akta Jual Beli or AJB) adheres to the prevailing customary law and fulfills the principles of "terang" (transparency) and "tunai" (cash payment). However, in practice, it is often found that the AJB is executed even though the payment has not been fully made, and the transfer of land rights to the buyer has already taken place. This study addresses two main research questions: What is the legal protection afforded to the seller in a land sale and purchase where the payment has not been fully settled and What are the legal consequences of transferring land rights based on a Deed of Sale and Purchase executed prior to full payment The study employs the Legal Consequence Theory by Soeroso and the Legal Protection Theory by Philipus M. Hadjon. The research method used is normative juridical (legal research based on library study or secondary data, including primary, secondary, and tertiary legal materials). The approaches utilized in this study include statutory, conceptual, case-based, and analytical approaches. The technique for collecting legal materials involves identifying and inventorying relevant legal norms, legal literature, and other supporting legal documents. The analysis technique applied is based on grammatical and systematic interpretation of legal norms. The findings of this study conclude that the legal consequence of executing an AJB without full payment, followed by the transfer of rights, is that the deed may be annulled through a court decision. Furthermore, legal protection for the seller is guaranteed by law, which provides the seller with the right to file a lawsuit.
Co-Authors Abdul Manan Agoek Joestiawan Ahmad Chairul Anwar Amelia Nur Widyanti Anriz Nazarudin Halim Ansyari, Azmi Defianra Defianra Dylan Timotius Djim Erny Kencanawati Guritno, Yulianto Hafiz, Syahwir Harahap, Shabrina Indra Perwira Semar Irawan, Cendy Ismail Ismed, Mohamad Julia Fitri Yani Khoirul Anwar Martanti, Yurisa Mira Indrawati Muhammad, Fachrul Nizar Nizar Prayoga, Yudika Bagus Putra Hutomo Rahmi Febriani, Nur Sahril, Iran Seputra, Hawreyvian Rianda Sihombing, Jelita Sikstus Dominikus L B Jawang Tarida Sondang Tommy Thomas Tolu Widjaja, Yoice Natalia Wira Franciska Wira Franciska Yudha Cahya Kumala Yurisa Martanti Zulkifli