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Effectiveness Of Electronic Holding Rights Registration (Ht-El) At The Tasikmalaya City Land Office Putri Herfawan, Maurynesa; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.746

Abstract

The emergence of technological developments has forced the Government to implement a new system in all fields, one of which is Electronic Mortgage Rights (HT-el) in order to speed up the land registration process at the National Land Agency (BPN). However, the system experienced various procedural and technical problems, such as system maintenance and errors in the HT-el registration process that occurred in Kantah, Tasikmalaya City. This study aims to analyze the implementation of the cancellation of Electronic Mortgage registration due to the delay in completing the registration file and the effectiveness of the implementation of electronic Mortgage registration at the Tasikmalaya City Land Office. This research is a sociological juridical legal research and uses descriptive qualitative analysis techniques. The results of this study indicate that a) the implementation of the cancellation of the Electronic Mortgage Right will result in the cancellation of the revocation and the system will automatically delete the registration application, so that the PPAT must submit a new HT-el registration application, issue a new PNBP Deposit Order for payment of re-registration, and The PPAT will still be held liable in a civil manner if there is a loss for the parties. And b) the effectiveness of the implementation of HT-el registration at the Tasikmalaya City Land Office at this time after the COVID-19 pandemic, it is felt that the HT-el registration process is quite good but not optimal because there are still several obstacles so that the implementation of HT-el is not in accordance with existing procedures on Juknis HT-el. There needs to be a solution to overcome the obstacles that occur internally and externally.
As A Result Of The Laws Of Buying And Sale Of Used Land Of Eigendom State Which Is Conducted Under Hands Al Ayubi, Aji Ilham; Karjoko, Lego; Waluyo, Waluyo
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.767

Abstract

The purpose of this research is to analyze the legal consequences of a land sale and purchase agreement under a former eigendom right (customary law) based on customary law and Government Regulation Number 24 of 1997 concerning land registration. The study also aims to construct the procedure for land registration applications on the former eigendom right based on current applicable regulations. This research adopts a normative legal research approach with legislative and conceptual approaches. The results of the research indicate that a land sale and purchase agreement under a former eigendom right cannot be registered with the land office as the institution issuing land certificates, even though the agreement is considered legally valid under customary law because it adheres to the principles of real, cash, and clear. The land office accepts the application for registration of land under the former eigendom right based on the regulations, namely the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 18 of 2021 concerning Procedures for Determining Management Rights and Rights to Land, Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 3 of 2020 concerning Procedures for Determining and Registering Rights to Land Formerly Owned by Individual Citizens of the Netherlands or Legal Entities Owned by the Netherlands, Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 16 of 2022 concerning Delegation of Authority for Determination of Land Rights and Land Registration Activities, and Minister of Finance Regulation Number 31/PMK.06/2015 of 2015 concerning Settlement of Former Foreign/Chinese-Owned Assets.
The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control Desy Nur Aini, Fajar; Karjoko, Lego; Tuhana, Tuhana
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.796

Abstract

In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the owner of the leased object can be categorized as an act of breach of contract or breach of contract. This research aims to find out whether there is a rational basis for the judge's decision which states good faith as a basis for canceling land and building lease agreements based on Supreme Court Decision Number 1078 K/Pdt/2021. This research method uses normative juridical research using a case approach. The analysis technique used is the syllogism method and interpretation using deductive thinking patterns. The results of the research and discussion can be concluded that legal rationality is needed by judges in carrying out their considerations in order to determine decisions that contain the values ​​of justice and the law that applies in Indonesia. This does not only apply to one type of legal rationality but also applies to other types. The use of this type of legal rationality requires looking at the relationship between facts, norms, morals and doctrine in considering the judge's decision. The issue of default used in the main issue in the decision becomes a boomerang for the tenant, in this case the tenant, because there is no legal force in the rental agreement signed by the tenant with the renting party. Different conditions will occur if the rental agreement is made before a notary and explains that they have entered into an agreement and asks the Notary to make a deed, then this deed is a deed made before a Notary (Notarial Deed). So in this case, the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to carry out its rights and obligations according to the agreement.
Analysis Of Cancellation Of Land Rights Certificates In Certificate Overlapping Cases Tiara Kusuma, Dhika; Gusti Ayu Ketut Rachmi Handayani , I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 5 No. 3 (2024): June 2024 ( Indonesia - Ethiорiа - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i3.840

Abstract

This study aims to determine and analyze how the cancellation of a land title certificate due to an overlapping certificate. This case study examines Mataram State Administrative Court Decision No.54/G/2022/PTUN.MTR Jo. State Administrative High Court Decision No.25/B/2023/PTTUN.MTR uses the perspective of equitable legal certainty to find out and analyze the overlapping problems that are still often encountered in Indonesia. The problem of the research is the background of the occurrence of an overlapping certificate in Decision No.54/G/2022/PTUN.MTR and what implications arise against the disputed object land. The research method used is normative legal research using a case approach and using primary legal materials including Decision No.54/G/2022/PTUN.MTR on the occurrence of an overlapping certificate. The result of this research is that the certificate issued by the National Land Agency has been deemed defective and must be canceled so as not to harm the Plaintiff as the legitimate holder of the Certificate of Ownership with evidence in the form of a Sale and Purchase Letter between the Plaintiff's parents and the Defendant's parents.
The Impact of Corona Virus on Supply Chain of Halal Tourism Management in West Nusa Tenggara Jaelani, Abdul Kadir; Ketut Rachmi Handayani, I Gusti Ayu; Karjoko, Lego
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5594

Abstract

Abstract— This study aims to explain the impact of the corona virus on the supply chain of halal tourism management in West Nusa Tenggara. The type of research used is normative legal research. This study is descriptive. The type of data used is secondary data. Secondary data collection techniques were obtained through literature review. The primary and secondary data were analyzed qualitatively. The results showed that, first, the most dominant impact occurred on trade and tourism. During January to March 2020, there was a decline in imports and exports from and to China. The number of Chinese tourists also dropped quite dramatically. Efforts that can be made to overcome this include diversification of export shares to other countries; increase domestic production and consumption; and increase domestic tourism and tourists from outside China. Second, the supply chain of halal tourism management through Regional Regulation Number 2 of 2016 on Halal Tourism has not solved the problems of regional tourism such as good environmental maintenance from the increasingly damaged biology resource crisis, the deforestation, the limited water resources, soil erosion, sedimentation, abrasion on the cost, coral reef damage, littering 53% or about 250 ton plastic waste every day.  Even, this regional regulation is in contrary to the higher laws and religious nuances.
Reformulation of Sale And Purchase Agreement Regulations in Creating Legal Certainty and Justice in The Transfer of Land Rights in Indonesia Fathoni, M. Yazid; Sulistiyono , Adi; Karjoko, Lego
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1351

Abstract

Even though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997. This article uses a normative legal research method. In analysis, to create a land rights sale and purchase agreement that can provide legal certainty and justice, the issue needs to be regulated, especially regarding the issue of the various legal sources, and the responsibility of the state in providing legal certainty. For sales and purchase agreements to provide legal certainty and justice, the state must move from a negative publication system to a positive publication system to realize the constitutional rights of Indonesian citizens in Article 28 D UUD 1945.
The Effectiveness Of Notaries Obligations In Providing Notarial Services Free Of Charge In Sragen Regency Nurjayatun, Nurjayatun; Karjoko, Lego; Hermawan, Sapto
International Journal of Educational Research & Social Sciences Vol. 5 No. 5 (2024): October 2024 ( Indonesia - Uzbekistan )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i5.879

Abstract

A Notary Is A Professional Who Plays A Vital Role In Society, Particularly In Creating Order By Ensuring That Legal Events Are Documented In An Authentic Deed, In Accordance With Article 1, Paragraph (1) Of Law Number 2 Of 2014 On Amendments To Law Number 30 Of 2004 (Uujn). In Its Implementation, According To Its Authority Under Article 37, Paragraph (1) Of The Uujn, Which Mandates Notaries To Provide Notarial Services Free Of Charge To Those In Need, The Situation In Sragen Regency Remains Minimal. This Is Due To Several Factors That Hinder The Effectiveness Of This Article: 1) The Legal Factor Itself, Wherein Article 37 Of The Uujn Requires Further Clarification Regarding The Types Of Notarial Services That Can Be Provided Free Of Charge To Those Who Cannot Afford Them, In Order To Prevent Multiple Interpretations By Notaries And To Ensure Legal Certainty For All Parties Involved; 2) The Law Enforcement Factor, Specifically The Mpd (District Regulation Agency) And Notaries. In This Case, The Mpd Has Never Inquired Or Urged Notaries To Fulfill This Obligation, Which Is Based On Minimal Oversight From The Mpd. Furthermore, Notaries, Who Are Aware Of This Obligation, Have Never Conducted Legal Outreach To The Community, Resulting In A Lack Of Awareness Of The Regulation Among The General Public.
The Legal Consequences of Nominee Arrangements under the Basic Agrarian Law and Supreme Court Circular Number 10 of 2020, along with the Roles of Notary in Minimizing the Creation of Nominee Arrangement Deeds Rahmawati, Fitria; Sudarwanto, Albertus Sentot; Karjoko, Lego
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1557

Abstract

This study examines the differences in the legal consequences of nominee arrangement in the Basic Law of Agaria and the Supreme Court Circular Number 10 of 2020 which will be viewed from the perspective of certainty and justice. The deed of nominee arrangement cannot be separated from the notary since only a notary can formulate it in the form of an authentic deed, so the author also examines the notary's role in minimizing the making of a deed of nominee arrangement. This research is normative and evaluative and uses primary and secondary legal materials. The technique of collecting legal materials uses the library study technique, and the technique of analyzing legal materials uses the deductive syllogism method. The study results show that the Basic Law of Agaria provides more justice and legal certainty than the Supreme Court Circular, so the rules on nominee arrangement in the Supreme Court Circular shouldn’t be enforced. The role of notary in minimizing the rampant nominee arrangement cannot be separated from the support and role of the Notary Supervisory Board to guide a preventive and repressive effort to strengthen a notary's morals and integrity patterns. Furthermore, this writing hopes that the Supreme Court revokes the rules relating to nominee arrangement. Another hope is that notary can actively prioritize their moral integrity to provide legal counseling and reject the creation of deeds containing nominee arrangement.
Implikasi Dissenting Opinion Hakim Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilihan Umum (PHPU) Presiden dan Wakil Presiden Tahun 2024 M. Giovani Fernanda; Lego Karjoko; Hari Purwadi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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

Abstract

The 2024 Presidential and Vice Presidential PHPU case contained a dissenting opinion, which had never happened before. This research aims to analyze the dissenting opinions of Constitutional Court Judges in the PHPU dispute for the President and Vice President and the implications of the dissenting opinion for the upcoming election. The research method is normative juridical. The type of data used is secondary data. The data analysis technique uses a data interpretation method with deductive reasoning which is presented descriptively. The results of this research are: first, the Dissenting opinion of the Constitutional Court Judge in the 2024 Presidential and Vice Presidential PHPU case, namely: Constitutional Justice Saldi Isra assessed that the distribution of social assistance during elections has the potential to cause a conflict of interest, so that the Petitioner's petition relating to social assistance is legally grounded; Constitutional Justice Arief Hidayat, based on systematic and grammatical interpretation, is of the opinion that the President/Vice President's right to campaign is used when the President/Vice President pair becomes the President/Vice President candidate pair in an election contest; Constitutional Justice Enny Nurbaningsih believes that there has been non-neutrality of officials in several regions, so the Court should order re-voting for several of these regions. Second, the implications of dissenting opinions on the upcoming election can be used as a basis for the implementation of future elections, so that there are improvements both in terms of regulations, institutions and implementation that must be carried out by legislators and election organizers in order to increase the integrity and credibility of elections.
Pengelolaan dan Penggunaan Dana Desa Tanjungsari, Kecamatan Pacitan, Kabupaten Pacitan dalam Perspektif Hukum Aida Fatma; Lego Karjoko
Prosiding Seminar Nasional Ilmu Pendidikan Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Pendidikan
Publisher : Asosiasi Riset Ilmu Pendidikan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/prosemnasipi.v1i2.66

Abstract

The country of Indonesia has around 82.3% of its territory in villages. Based on Law Number 56 of 2015, the number of villages in Indonesia is 74,754 villages. Government policies are needed that support village development and empower village communities so that villages can be developed and village communities can develop. In 2015, Tanjungsari Village in Pacitan Regency began receiving financial assistance from the government based on Law Number 6 of 2014 concerning Villages. This assistance is provided to support development and empowerment of local communities. These villages are used by the village government and community to evaluate village road facilities and improve village offices so they can provide better services to village residents.