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All Journal Jurnal Mahasiswa Fakultas Hukum Brawijaya Law Journal : Journal of Legal Studies Arena Hukum EXPOSURE JOURNAL Jurnal Panorama Hukum Al-Iktisab: Journal of Islamic Economic Law Yurispruden: Jurnal Fakultas Hukum Universitas Islam Malang Jurnal Jatiswara JURNAL HUKUM dan KENOTARIATAN Repertorium: Jurnal Ilmiah Hukum Kenotariatan TAFAQQUH: Jurnal Hukum Ekonomi Syariah Dan Ahwal Syahsiyah Fairness and Justice: Jurnal Ilmiah Ilmu Hukum Progressive Law Review NEGARA DAN KEADILAN Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Law Research Review Quarterly Jurnal Kepariwisataan Indonesia: Jurnal Penelitian dan Pengembangan Kepariwisataan Indonesia Jurnal Analisis Hukum PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Keadilan AL WASATH Jurnal Ilmu Hukum Jurnal hukum IUS PUBLICUM IJORER : International Journal of Recent Educational Research Sultan Agung Notary Law Review Jurnal Gagasan Hukum Muhammadiyah Law Review Hang Tuah Law Journal Journal of Law, Poliitic and Humanities Prosiding Seminar Nasional Pengabdian Masyarakat Notary Law Research International Significance of Notary Keadilan
Fitria Dewi Navisa
Fakultas Hukum Universitas Islam Malang
Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Social Sciences Other

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Journal : International Significance of Notary

 1 
LEGAL CONSEQUENCES ON THE TERMINATION OF BUILDING UTILIZATION RIGHTS WITH THE APPLICATION OF GOVERNMENT REGULATION NUMBER 18 OF 2021 REGARDING MANAGEMENT RIGHTS, LAND RIGHTS, FLAT HOUSING UNITS, AND LAND REGISTRATION Sunardi, Sunardi; Dewi Navisa, Fitria; Suwanti, Suwanti
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.23183

Abstract

The extension of the Building Use Rights which has expired causes the land rights to be nullified, therefore it is necessary to renew the rights and the imposition of new Mortgage Rights because the Building Use Rights which are used as objects of Mortgage guarantees have a limited time, so of course it will cause legal problems of its own. which will be the subject of discussion in the writing of this thesis. Based on these things, the problems that will be examined in this research are 1. The legal consequences with the expiration of Building Use Rights on mortgages since the enactment of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration 2 .How the debtor settles his obligations to the right to use the building which has expired to the creditor (bank). 3. What efforts are made by debtors (Banks) to creditors whose guarantees for the Right to Build Certificate have expired. The approach method used is a normative juridical research method where the results of the study can be concluded that. The legal consequences with the expiration of Building Use Rights on mortgages since the enactment of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and SHGB Land Registrations which expire or HGB expires, change the status of land that was previously attached to the HGB holder to switch to the rightful party in accordance with the initial land status prior to the existence of the Building Use Right, either to the State or to the Management Holder or to the Ownership Right holder. as well as submitting an application for renewal of HGB where with the results of research at the Notary's Office, in the process there must be a letter of approval from the bank where if later the issuance of the SHGB has been completed, the encumbrance of the Mortgage Rights will be immediately submitted. How the Debtor settles his obligations to the right to use the building which has expired to the creditor (Bank). This is by 1. Paying off the debt, increasing land rights by managing the debtor. What efforts are made by debtors (Banks) to creditors whose guarantees for Building Use Rights Certificates have expired can be done in 3 ways, namely: 1. Non-legitimacy a) Rescheduling (re-scheduling) b) Reconditioning (requirements back), c) Restructuring (Rearrangement), 2. Replacement Guarantee 3. Litigation Keywords: SHGB, Mortgage, Settlement
Legal Protection for Lessees for Lease Agreements for Buildings on Land with Third Party Ownership (Study of Lease Agreements for Hasaka Villa Canggu) Ariyanti, Harum; Navisa, Fitria Dewi; Sunardi, Sunardi
International Significance of Notary Vol 3, No 2 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.22171

Abstract

The implementation of leasing in practice in Bali is leasing which is carried out on land owned by third parties. The problems in this study are related to whether or not PT. Marelti Karya Indonesia entered into a lease agreement for the land and building of Hasaka Villa Canggu which is located on land owned by Ni Luh Kordi. The results of this study indicate that Hasaka Villa Canggu has the right to enter into a rental agreement for a villa building located on private land that is under the control of Ni Luh Kordi to a third party if prior written approval has been obtained from Ni Luh Kordi. which contains that Ni Luh Kordi agrees to give approval to Hasana Villa Cangu to be able to build a building in the form of a villa and in the future lease the villa building to a third party for a certain period of time which is no longer than the lease term of the land. lease agreement made between PT. Marelti Karya Indonesia as the party that leases the Hasaka Villa Canggu which has not yet been built is legal according to the law because it has fulfilled the legal terms of the agreement as stipulated in Article 1320 of the Civil Code. This can happen if prior written approval has been obtained from Ni Luh Kordi which contains that Ni Luh Kordi agrees to give approval to Hasana Villa Cangu to be able to build a building in the form of a villa and in the future lease the villa building to a third party in certain period of time which is no longer than the term of land lease from Hasana Villa Cangu to Ni Luh Kordi. Legal protection can be given to parties who are disadvantaged as a result of defaults on lease agreements on land and buildings. Parties who are harmed by default can ask for money in the nominal amount of the loss caused by default. The next legal protection can be carried out if it turns out that Hasana Villa Cangu has not received written approval from the land owner to be able to lease back Hasana Villa Cangu, then the act committed by Hasana Villa Cangu is classified as an illegal act. Therefore, the agreement made between Hasana Villa Cangu and the lessee does not fulfill the objective legal requirements of the agreement, namely in the form of a halal cause. Therefore, the agreement has legal consequences, namely in the form of null and void, therefore the injured party can ask for compensation from the opposing party in accordance with the nominal loss for the void agreement as explained above. Keywords: Legal Protection; Lease Agreements for Buildings on Land with Third Party Ownership.
Legal Power Of Binding Sale And Purchase Agreements (PPJB) In The Transfer Of Rights To Land And Buildings Yuliyanti, Renny; Dewi Navisa, Fitria; Sunardi, Sunardi
International Significance of Notary Vol 6, No 2 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i2.25930

Abstract

Abstract : Preliminary Sale and Purchase Agreement or Sale and Purchase Agreement (hereinafter referred to as PPJB) of land and buildings under the control of a Notary is also a form of legal and binding agreement for the parties who make it, as long as there is no denial of the agreement. , this is in accordance with Article 1338 Civil Code, however in the dispute over the decision of the Malang District Court Number 27/PDT.G/2020/PN.MLG. The judge did not rule on breach of contract against the developer CV. Dua Sekawan who did not carry out some of the achievements in the PPJB, namely not continuing the process to AJB and changing the name of the certificate for the plot of land and building they sold; Meanwhile, the plaintiff/buyer Mrs. Siti Maryam, has paid the installments for the purchase of the house as required in the PPJB they made.The problem formulation is 1) What is the legal force of PPJB in the process of transferring rights to plots of land and buildings? 2) What is the view of SEMA No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the 2016 Supreme Court Chamber Plenary Meeting as Guidelines for the Implementation of Duties for the Court regarding land rights transfer transactions with PPJB?. This type of research is classified as normative research which focuses on case studies and facts that occurred based on the decision of the Malang District Court Number 27/PDT.G/2020/PN.MLG. accompanied by a review of the literature. This research is descriptive in nature which aims to describe clear and systematic details of the main problem.The results of the research are that PPJB is included in the scope of contract law, so the position of PPJB is valid and binding on the parties who make it in accordance with Article 1320 of the Civil Code, conversely if it does not fulfill the conditions for the validity of the agreement then the PPJB will give rise to legal consequences, namely that it can be canceled and/or null and void by law. Based on the Civil Code regarding contracts, it should be enough for the judge to decide on the developer's breach of contract CV. Dua Sekawan. Regarding the transition of HAT to PPJB, Supreme Court Circular No. 4 of 2016 as a guideline for implementing duties for courts and judges has also specifically emphasized that the transfer of land rights based on a Sale and Purchase Agreement (PPJB) legally occurs if the buyer has paid the price of the land in full and has controlled the object of sale and purchase and is done in good faith. . So judges should be able to dig deeper and make legal discoveries using doctrine, regulations and jurisprudence so that they can provide legal certainty and a sense of justice to plaintiffs/buyers.
Carried Out By Deeds Under Hand Is Reviewed From The Civil Code And The Compilation Of Islamic Law Sunardi, Sunardi; Dewi Navisa, Fitria; Hasbullah, Hasbullah
International Significance of Notary Vol 6, No 1 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i1.25923

Abstract

Abstract: In the law, lands that do not have a certificate cannot be said to be the property of the person who owns them. This is because the land does not have a valid certificate. Even if the land is obtained from inheritance, sale, grant, will or because of the customs of the local community, because if there is no strong evidence, then the land is not fully owned by the person who owns it. As for the formulation of the first issue raised, how is the legal force of grant land that is not carried out by a notary deed reviewed from the Civil Code and the Compilation of Islamic Law? Second, how is the settlement of land grants that are not carried out by a notary deed reviewed from the Civil Code and the Compilation of Islamic Law? This type of research is a normative study using a legal, constitutional approach and case studies that focus on grant dispute land that is not carried out by a notary deed. This research is descriptive in nature which aims to present clear and systematic details of the main problem. The legal force of the deed of grant of immovable objects, namely land, lies in the function of the authentic deed itself, namely as a valid evidence according to the law (Articles 1682, 1867 and 1868 of the Civil Code), that there must be authentic deeds as a means of proof. In order to be a valid evidence, the grant deed must be made and signed by the authorized official as well as the party bound to it. Meanwhile, according to Islamic law, an agreement under hand is a valid thing, but such an agreement cannot be a strong evidence. The basic similarity, both the civil code and the compilation of Islamic law, are equally valid that distinguishes them, namely in the power of law and proof. In resolving land disputes, both according to the civil code and the compilation of Islamic law can be done in various ways. Among other things, through the courts, complaints to the land office and peacefully through mediation. First, peaceful dispute resolution through mediation. As an alternative to land dispute resolution, mediation is a priority outside the court in order to reach consensus, a short dispute resolution time, a structured, task-oriented, and active participation.
Co-Authors Aditya Andika Kameswara Agustan, Fajar Akbar, Risky Aldi Yudistira Alfat Hoki Sri Meliana Dewi Andi Prsetyo, Tri Anjas Angelina Septa Roekmanda Sari Ardy Firman Syah Arfan Kaimuddin Ariyanti, Harum Azizah, Hikmatul Azmi Listya Anisah Delfi Yumita Ramadhani Della Lara Audia Diana Ma'rifah Elfiyanto, Sonny Fitri Fatmawati Fitri Fatmawati, Fitri Hafizh, Sulthan Hasbullah Hasbullah Hasna Azmi Fadhilah Hendriawan, Muhammad Rizaldi Hikmatul Azizah Hisbul Luthfi Ashsyarofi I NYOMAN NURJAYA Iftiati, Indah Indah Iftiati Istiqomah, Sofiatul Kameswara, Aditya Andika La Ode Machdani Afala Marita Lely Rahmawati Mawaddah, Elisa Muhammad Luthfi Muhammad Rizaldi Hendriawan Muhammad Syeisar Nanda P. Nanda P., Muhammad Syeisar Rahmawati, Marita Lely Renny Yuliyanti Rian Sacipto Riris Katharina Risky Akbar Rochma, Ainur Sintiya Dewi Patmalasari Sofiatul Istiqomah Sunardi Sunardi Syahputra, Robert Dicky Tini Apriani Tri Anjas Andi Prsetyo Wayne Widharta, Ramdhani Wisnu Yuliyanti, Renny