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All Journal JURNAL HUKUM Syiar Hukum: Jurnal Ilmu Hukum Pembaharuan Hukum Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Pena Justisia: Media Komunikasi dan Kajian Hukum Indonesian Journal of Halal Research Poltekita: Jurnal Pengabdian Masyarakat Journal La Sociale International Journal of Educational Review, Law And Social Sciences (IJERLAS) Administrative and Environmental Law Review Jurnal Pengabdian Masyarakat : Pemberdayaan, Inovasi dan Perubahan Jurnal Multidisiplin Dehasen (MUDE) Jurnal Riset Ilmu Hukum Bandung Conference Series: Law Studies Jurnal Medika: Medika Leges Privatae
Lina Jamilah
Civil Law Department, Faculty Of Law Universitas Islam Bandung, Bandung
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Journal : Journal La Sociale

 1 
Implementation of Halal Causation Against the Sale and Purchase of Collateral Objects without the Approval of Creditors Adi Murphi Malau; Syafrinaldi Syafrinaldi; Lina Jamilah
Journal La Sociale Vol. 3 No. 6 (2022): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v3i6.717

Abstract

The sale and purchase is known as novation as long as the sale and purchase is carried out by the debtor with written approval from the bank as the creditor, but in practice the sale and purchase of collateral objects by the debtor to a third party without the approval of the bank as the creditor sometimes also occurs and causes problems in the future. This study aims to provide a prescription regarding the implementation of a lawful cause for the legality of the deed of sale and purchase of land by the debtor without the approval of the creditor. This research method is a normative legal research, using a statutory approach, a conceptual approach, and a case comparison approach, the case used in this research is the District Court Decision Number 7/Pdt.G/2019/PN.Rhl which is confirmed by the Court's Decision Pekanbaru High Court with Case Number 85/PDT/2020/PT PBR was further reaffirmed by the Supreme Court of the Republic of Indonesia with Decision Number: 1600 K/Pdt/2021 so that it has permanent legal force or inkracht."The results of the study can be concluded that the deed of sale and purchase agreement on the land negates the point of lawful cause as one of the fundamental requirements in contract law, b. the deed of sale and purchase of land is contrary to the Mortgage Law, c. the decision was in accordance with the principles of formal justice.
Problems with Complete Systematic Land Registration Regulations Perspective of Legal Certainty Cucu Sudrajat; Toto Tohir Suriaatmadja; Lina Jamilah
Journal La Sociale Vol. 4 No. 1 (2023): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v4i1.753

Abstract

One of the government's endeavors to promote legal clarity and maintain communal land rights is to register all land in Indonesia. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency is in charge of a statewide program called Complete Systematic Land Registration, which aims to speed up the land registration process. In accordance with the directive issued by the Minister of Agriculture and Spatial Planning/National Land Agency Director. A number of problems prevent the implementation of Complete Systematic Land Registration, including inconsistencies in government regulations, the Minister of Agrarian Affairs and Spatial Planning's regulations, and the Law on Regional Taxes and Regional Retributions. Legitimacy Theory, Legal Validity Theory, and Legal Certainty Theory all stipulate that statutory regulations may not conflict with other regulations in order to provide certainty; these theories should be followed if the government is serious about achieving the goal of Complete Systematic Land Registration. Legislation provides safeguards for those with title to land, free of normative conflicts and the potential for multiple interpretations at the administrative and judicial levels. Both the normative legal approach and the synchronization legal approach will be included into the analysis of the qualitative data used in this study.
Regulation of Underground Space in Realising Community Welfare and Legal Certainty for Investment Erni Rohaini; Lina Jamilah
Journal La Sociale Vol. 5 No. 1 (2024): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v5i1.1022

Abstract

The purpose of this research is to analyze and discover the regulation of underground space in realizing public welfare and legal certainty for investment and offer future concepts of underground space regulation in realizing public welfare and legal certainty for investment. This research is normative juridical research with statutory, historical, comparative, and conceptual approaches. The findings of this research show: (a) it has not been regulated regarding property rights, utilization of underground space for private and public, the authority of the central and local governments as well as the authority of notaries and/or PPAT, institutions, and the implementation of underground space. (b) has been regulated but the norms are unclear and not yet comprehensive regarding rights to underground space in the form of Right of Use, HPL and HGB. (c) there are still norms that regulate optional in the regulation of underground space; (d) there are conflicts of legal norms between sector laws. This research concludes that the current underground space regulation is inadequate to support welfare and legal certainty for investment, because there is no support from the Underground Space Law as an instrument of renewal. In addition, the main concept of the Draft Basement Law for the future is directed at public welfare and legal certainty for investment. The draft builds on the philosophical foundation of the welfare state the sociological foundation of the need for underground space utilization, the recognition of rights to underground space, and the juridical foundation of legal certainty.
Implementation of Mortgage Rights on the Position of Creditors of Second Mortgage Holders in the Application for Auction Submission Rianto, Fera Puspita; Suriaatmadja, Toto Tohir; Jamilah, Lina
Journal La Sociale Vol. 5 No. 4 (2024): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v5i4.1241

Abstract

The binding of credit collateral with mortgage rights can be bound by several creditors with more than one mortgage. If the debtor is in default, only the creditor holding the first rank of mortgage rights can submit the auction, as stated in Law Number 4 of 1996 concerning Mortgage Rights. At the time of the debtor's default, the binding of the first-ranked mortgage has been released by the creditor of the first mortgage holder, the second mortgage holder applies for a mortgage auction and is rejected based on the law. The purpose of this research is to find regulations that provide justice to creditors of second lien holders. Implementation based on the principle of justice to the position of the creditor of the second lien holder in the application for submission of the auction. The research method used in this research uses a normative juridical approach, descriptive analysis and prescriptive analysis specifications with secondary and primary data types, data collection through interviews and qualitative juridical analysis methods, comparative heurmeneutic data that interpret and understand the intent of the regulatory text. The results of this study, as well as updates to previous research, the application of the Mortgage Rights regulation has not been based on the principle of justice, based on the value of justice, it should be that if the debtor is in default, the holder of the mortgage right has the right to sell the object of the mortgage right on its own power through a public auction with the first mortgage right holder having the first right to take repayment of its debt from the proceeds of the sale.
Co-Authors Abdulhadi, Abdulrazak Adi Murphi Malau Adryan Fristiohady Alamsyah, Indra Fajar Aldi Julianto Alfiyyah Salsabilah Furi Ali Djamhuri Alya Afifah Puteri Annisya Dwi Rahmayani Putri Arif Firmansyah Aulia Fikri Hidayat Cucu Sudrajat Dylan Muhamad Raihan Erni Rohaini erni Rohaini Fadlan, Billy Faqih Radina Fauzia Dwianti Nugraha Frency Siska Gita Cahya Eka Darma Hery Widijanto Hidayah Putriningrum Ifa Latifa Intan Nurrachmi Irawati Irawati Jayawarsa, A.A. Ketut Kania Nurcholisah Linda Triyana Liza Dzulhijjah Muhamad Arsy Surya Saputra Muhammad Fachrul Rozi Muhammad Rafli Romadhon Muhammad Raihan Ruddy Nabila Ratu Utami Nasawi, Avicenna Mujtahid Nurliawati, Nita Reffa Rafelya Reni Amaranti Rianto, Fera Puspita Ridwan, Inayatillah Rimba Supriatna Rizal Ikhsan Rizkyawan Rizki Nuzulfikri Robby Prayitno Rohaini, Erni Ruhani, Neni Salma Suroyya Sari, Ninuk Permata Soewondo, Budi Prabowo Sri Ratna Suminar Syafrinaldi Syafrinaldi Syah Abdul Ghani Taufik Muhammad Fakih Titik Respati Toto Tohir Suriaatmadja Zaeni, Mutiara Refanisa