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The Truth of the Deed of Granting Liability Rights to Lawyers That Isn't Genuine Positive Legal Perspective in Indonesia Noor, Aslan; Kurnia, Agnes Adila; Dwika, Mohamad Bima; Fauzy, Farid Ahmad; Anugrah, M Reza
Al-Bayyinah Vol 7, No 2 (2023): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i2.5615

Abstract

Mortgage Rights are security rights imposed on land rights, the granting of Mortgage Rights is always followed by a Deed of Granting Mortgage Rights (APHT), APHT regulates the terms and conditions regarding the granting of Mortgage Rights from debtors to creditors in connection with secured debts by Mortgage Rights. The Certificate of Enforcing Mortgage Rights (SKMHT) based on Article 15 paragraph (1) of the UUHT is one of the processes in granting Mortgage Rights made by Notaries and PPATs by following the applicable provisions by their positions. This research uses the juridical-normative method and descriptive-analytical research specifications. The results of the research on the validity of APHT based on the non-authentic SKMHT are that the Notary in making SKMHT must be based on the UUJN, while the PPAT in making SKMHT is based on PerKaban Number 8 of 2012. In practice, the Notary still makes SKMHT based on PerKaban Number 8 of 2012 and fills in the blank/format provided by the National Land Agency. so that the authenticity of the SKMHT made by the Notary disappears and the proof is less than perfect, if this happens, the SKMHT made by the Notary causes no legal consequences or null and void APHT which becomes an accessory agreement.
DIMENSI HUKUM PEMBEBASAN LAHAN: HAK, PERATURAN, DAN REFORMASI Noor, Aslan; Hermindo, Hermindo; Setiawati, Yeti; Wijaya, Melliana; Rohmani, Rodiah
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8580

Abstract

Policies and legal norms regarding land acquisition in Indonesia are generally regulated in Law (UU) no. 2 of 2012 concerning Land Acquisition for Development in the Public Interest. Development policies and projects, such as infrastructure, industrial zones, or public facilities, often require significant space that can only be obtained through land acquisition. This research aims to comprehensively review the legal dimensions related to land acquisition, focusing on the rights concerned, applicable regulations, and the need for reform to ensure a fair and sustainable process. This research uses normative juridical research methods, with comparative, conceptual and statutory approaches. These data were analyzed descriptively and qualitatively. The results of this research show that land acquisition in Indonesia is regulated by various laws, including the Job Creation Omnibus Law and Government Regulation no. 19/2021. The land acquisition process involves stages of planning, preparation, implementation and delivery of results, involving many government agencies. Policy and regulatory reform in land acquisition is essential to address gaps and deficiencies in the existing system, with particular emphasis on protecting community rights, promoting transparency, and ensuring accountability. Increasing equity in land acquisition involves strategies to ensure impartiality, transparency and protection of the interests of all stakeholders.
THE CONNECTED OF THE SUPREME COURT DECISION NUMBER 109/PK/PDT/2022 WITH THE BASIC AGRARIAN LAW NUMBER 5 OF 1960 CONCERNING EIGENDOM VERPONDING Noor, Aslan; Herlani, Lisa; Fathurrohman, Mohammad Faridz; Lorenza, Melinda; Nurwidianti, Maudy
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8873

Abstract

The aim of this research is to analyze the juridical nature of the Supreme Court's decision regarding Eigendom Verponding. Ownership rights are the strongest and most hereditary land to be enjoyed fully and to control the object freely, unless this can be proven to be reversed. This research used normative research with a statutory approach. The legal materials used were primary legal materials and secondary legal materials, with legal material collection techniques through literature studies and analysis techniques. The research results indicate that judge's considerations deviate from the stipulation outlined well as statutory regulations. The emergence of multiple land ownership rights leads to criminal acts caused by negligence on the part of the land owner or parties who commit fraud, such as parties who acknowledge the land but do not, so the BPN issues a certificate. This proves the importance of creating a new policy regarding land registration through additional evidence. Ownership, and shorten the land registration process so that land owners feel energized about the lengthy process. The importance of policies regarding the formulation of criminal acts regarding certificates issued because so far, many holders of land title certificates have suffered losses as a result of the cancellation of land title certificates, overlapping ownership, and disputes originating from errors in the process.
Responsibilities and legal consequences of land deed drafting officials (PPAT) for deeds they make that give rise to double certificates Aslan Noor; Muhammad Yusuf; Kusmiadi, Kusmiadi; Karin Veronica Wijaya; Ilva Yuniarsi Maruf
Jurnal Info Sains : Informatika dan Sains Vol. 14 No. 01 (2024): Informatika dan Sains , Edition March 2024
Publisher : SEAN Institute

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Abstract

Multiple certificates in land transactions can have serious legal consequences, such as ownership disputes, legal uncertainty, and financial losses for the parties involved. This research aims to explore and analyze the responsibilities and legal consequences faced by Land Deed Making Officials (PPAT) in the context of making land deeds which result in the issuance of multiple certificates. This research uses a normative legal approach. The results of this research highlight the central role of Land Deed Officials (PPAT) in the context of land buying and selling transactions and their impact on the possibility of creating multiple certificates. Research shows that non-compliance with material requirements and falsification of data by one of the parties, such as a seller who does not have rights to the land he is selling, can result in the land sale and purchase deed being invalid. As a consequence, land certificates issued based on the invalid deed also become invalid and can be cancelled. Regarding legal responsibility, PPATs who are proven guilty may face criminal and administrative sanctions, including prison sentences, fines, as well as reprimands or dismissal from their positions. A better understanding of regulations and effective monitoring of PPAT performance is the key to maintaining the integrity and trust of the public in the land system. Thus, this research contributes to deepening understanding of the dynamics of the relationship between PPAT, land transactions and related legal aspects.
The power of the sale and purchase deed that must be extended is made by a PPAT whose age exceeds the term of service serving the term of office which is made exceeds the PPAT's term of office based on Law 37 of 1998 Aslan Noor; Effrem Inocentius Seran; Tetraning Retnowulan S; Ilham Dwi P; Citra Safitra
Jurnal Info Sains : Informatika dan Sains Vol. 14 No. 01 (2024): Informatika dan Sains , Edition March 2024
Publisher : SEAN Institute

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Abstract

This research aims to analyze the legal force of the Deed of Sale and Purchase made by the temporary Land Deed Making Officer (PPAT), by referring to the provisions contained in Government Regulation Number 37 of 1998. This regulation provides the legal basis for carrying out the duties of the temporary PPAT in making deeds. land certificate. This research uses a normative legal approach. The research results show that the practice of making land deeds by the sub-district head as Temporary Land Deed Making Officer (PPATS) causes several inconsistencies with applicable legal provisions. Research reveals that the signing of deeds is not always carried out in the presence of the sub-district head, but rather in the presence of the village head or village head, and the reading of the deed before signing is never carried out. This discrepancy has the potential to create ambiguity and misunderstanding regarding the contents of the deed between the parties involved. The sub-district head's response to potential lawsuits related to errors in making deeds also reflects a lack of awareness of the legal risks that may arise. Therefore, it is necessary to improve procedures for making land deeds, including increasing understanding of legal risks, to ensure compliance with applicable legal provisions and provide better protection for all parties involved in land transactions.
PPAT responsibilities in signing a deed of sale and purchase based on a blank form Aslan Noor; Barry Irma Perdana; Angelica Riza Claudya; Nurmala Pitaloka; Livia Kris Imani
Jurnal Info Sains : Informatika dan Sains Vol. 14 No. 01 (2024): Informatika dan Sains , Edition March 2024
Publisher : SEAN Institute

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Abstract

PPAT is a public official who is trusted by the State to make land sale and purchase deeds with the main tasks and obligations delegated through Government Regulation (PP) No. 24 of 2016 concerning Amendments to PP No. 37 of 1998 regarding the Position Regulations for Officials Making Land Deeds. In practice, some PPATs sometimes use blank forms as the basis for making land sale and purchase deeds. This research aims to investigate the responsibilities of Land Deed Drafting Officials (PPAT) in signing sale and purchase deeds based on the use of blank forms. The research method used is normative legal research with a statutory and conceptual approach. The research results show that the responsibility of a Land Deed Drafting Officer (PPAT) in signing a Sale and Purchase Deed based on blank forms has a major impact on legal certainty and protection for the community. PPAT must carry out its duties with full ethics, independence and professionalism, paying attention to the formal and material requirements for making deeds. Violation of these requirements can result in administrative sanctions, dismissal, or even criminal prosecution. The quality of ethics and compliance with statutory regulations are key factors in maintaining the integrity and trust of the public in the role of PPAT in the process of transferring land rights.
Notarial interaction and the dynamics of agrarian law: approaching complex solutions In transactions and settlement of land disputes Aslan Noor; Selly Purnama; Shintadewi Dibrata; Indri meliani
Jurnal Info Sains : Informatika dan Sains Vol. 14 No. 01 (2024): Informatika dan Sains , Edition March 2024
Publisher : SEAN Institute

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Abstract

A notary is a public official who has the authority to make authentic deeds, in addition to other authorities determined by law. At the time UUJN no. 30 of 2004, a debate arose regarding the authority of notaries in making deeds relating to land. The purpose of this research is to find out how effective the role and responsibilities of notaries are as executors of land registration in Indonesia using normative juridical methods by inventorying, reviewing and analyzing and understanding the law as a set of positive norms in the legal system that regulates the role of notaries. This explains that, in the land registration process as stated in PP No. 24 of 1997, that the person who assists the Head of the Land Office is PPAT, notaries are not mentioned as officials who can also help make deeds used for land registration, however there are several deeds which PPAT is not authorized to make so they must use notarial deeds for or as basic land registration. In carrying out land registration activities, the role and responsibility of a notary is very large, this is related to the function of the deed made by the PPAT, namely as proof that a certain legal act has been carried out and as a basis for land registration carried out at the land office. So without a deed made by the PPAT, it will be very difficult to carry out land registration data maintenance activities, because in carrying out land registration activities, the PPAT deed is a binding requirement.
The Role of Land Deeds Official Certifier (Ppat) in Terms of Transfer of Land Rights Through Land Exchange in The Development of Educational Infrastructure Maudina, Erika; Azzahra Dwi Rizki; Nurhasanah, Diva Ahda; Adriansyah, Anggi Pratiwi; Noor, Aslan
International Journal of Latin Notary Vol. 5 No. 1 (2024): Internasional Journal of Latin Notary, September 2024
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61968/journal.v5i1.74

Abstract

An alternate this is used as a way of shifting land rights need to be provenby a deed drawn up by the performing Land Deed Maker, hereinafter abbreviated as PPAT. as a consequence there may be an absolute detail that must be fulfilled in moving land rights, particularly the Deed of transfer of Land Rights made via the PPAT. based totally on this, the researcher observed  issues, namely (1) what's the role of the Land Deed authentic (PPAT) in moving land rights through exchange? And (2) What are the legal outcomes for the events who enter into an agreementto change land with ownership rights? This studies uses a normative juridical technique, by means of analysing both written and unwritten rules. The studies stage used is the literature stage. the information evaluation used is qualitative juridical. In conclusion, the Land Deed legit (PPAT) inside the case of transfer of land rights through land switch within the production of educational infrastructure centers can't be processed in order that it isn't in accordance with Article 37 paragraph (1) of government regulation No. 24 of 1997 regarding Land Registration and Article 2 of government regulation No. 37 of 1998 regarding guidelines on the location of Land Deed legit. The prison results of the land change agreement for the improvement of instructional infrastructure encompass disputes arising from errors in the deletion of land rights in SD 03 Pakintelan, Gunungpati District, Semarang town, Mangunsari Village
INTERAKSI NOTARIS DAN DINAMIKA HUKUM AGRARIA DALAM TRANSAKSI TANAH Noor, Aslan; Rusaedi, Attansya Rafli; Izzani, Muhammad Hasbi Rizqan; Wildan, Wildan
JCH (Jurnal Cendekia Hukum) Vol 9, No 2 (2024): JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v9i2.841

Abstract

A notary can authenticate deeds and other legal responsibilities as a public official. With the enactment of UUJN no. 30 of 2004, discussions arose regarding the notary's jurisdiction in drafting deeds on land matters. This study aims to assess the efficacy of notaries' roles and duties in facilitating land registration processes in Indonesia, utilizing normative juridical methods to inventory, review, analyze, and comprehend legal norms governing notarial functions. It elucidates that, according to PP No. 24 of 1997, the individual assisting the Head of the Land Office is referred to as PPAT, with no mention of notaries as officials authorized to draft deeds for land registration. Nonetheless, certain deeds require notarial authentication when the PPAT lacks authority, serving as an essential component for land registration. Notaries' pivotal role and responsibility in land registration activities lie in the function of the deeds they produce, serving as evidence of legal actions and foundational documents for land registration at land offices. Consequently, the absence of notarial deeds could impede land registration data maintenance, as they are indispensable prerequisites for land registration processes.
Pertanggung Jawaban Hukum Terhadap Penimbunan Minyak Solar Dalam Mengantisipasi Kenaikan Harga Bahan Bakar Minyak Berdasarkan Undang-Undang Nomor 22 Tahun 2001 Tentang Minyak Dan Gas Bumi (Studi Kasus Putusan Nomor 113/Pid.B/Lh/2022/Pn Kwg Sihombing, Juan Carlos Adiyaksa; Noor, Aslan
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 21 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14484177

Abstract

This research is based on the background that Oil and Natural Gas (Migas) play a crucial role in people's lives and the national economy. Regulated by the NRI Law of 1945, Article 33 paragraph (3), Law no. 22 of 2001 regulates oil and gas, including fuel oil (BBM) resulting from processing crude oil. Abuse such as illegal fuel hoarding often occurs, causing shortages and price increases and harming the community. Law enforcement and overcoming crime still requires serious attention from all relevant parties. The research approach used in this research is qualitative research with prescriptive and narrative data analysis. Prescriptive analytical and descriptive analytical in nature, this research is a normative juridical type, considering statutory regulations. Data collection involves library materials, including primary, secondary and tertiary legal materials, with qualitative data analysis methods. The research results are normative qualitative, examining regulations, court decisions and legal views of experts. The application of law regarding criminal acts of hoarding and transporting diesel oil in Indonesia aims to maintain public order, using criminal law in accordance with Law no. 22 of 2001. Cases of hoarding subsidized fuel often involve the perpetrator's intention to seek instant profit by exploiting economic factors. In law enforcement, the element of "abusing the transportation and/or trading of government-subsidized fuel oil" can be charged with a crime in accordance with applicable regulations, such as the case of transporting subsidized diesel oil without a permit which resulted in the defendant being declared guilty Keyword : Oil and Gas, Illegal Actions, Legal Interests
Co-Authors Abdillah Bararah Aditya Pratama Adiwijaya, Ratna Sari Putri Adriansyah, Anggi Pratiwi Agung Dwi Pranyoto Agustini, Denti Dwi Ayu Andika Dwi Yuliardi Andrew Christian Banjarnahor Angelica Riza Claudya Anita, Dewi Anjas Arlianzha Anugrah, M Reza Asihany Pakpahan , Dessy Ayu Ambarwati Azhar Nur Fauzi Azizi, Fakhri Azzahra Dwi Rizki Azzahra, Tasya Dania Bamumin, Wildan Barry Irma Perdana Barus, Theresia Juliana Ngarakken Bella, Yoshua Budi Santoso, Imam Celeste M. Navarro Chandra, Levina Abigail Citra Safitra Dani Ikhwanto Dennisa Putri Saepullah Dibrata, Shintadewi Dwika, Mohamad Bima Effrem Inocentius Seran ENGKUS KUSNADI Fachrully Pratama Farid Ahmad Fauzy Faridz Fathurrohman, Mohammad Fathurrohman, Mohammad Faridz Fauzy, Farid Ahmad Firdawuru, Seno Agung Florida Elyzabeth, Eka Gregorius Patrich Setiawan Guntur Atur Parulian Herlani, Lisa Hermindo, Hermindo Ilham Dwi P Ilva Yuniarsi Maruf Indri meliani Izzani, Muhammad Hasbi Rizqan Jaya Pakpahan , Edison Junita, Riska Karin Veronica Wijaya Ketut Astawa , I Kurnia, Agnes Adila Kusmiadi, Kusmiadi Livia Kris Imani Lorenza, Melinda Lukman Lutfianto Maman Suherman, Ade Manurung, Norika Maruf, Ilva Yuniarsi Maudina, Erika Mega Yuni Hospita Meliani, Indri Melliana Wijaya Muhamad Febriansyah MUHAMMAD YUSUF Muhammad Yusuf Nurdiani, Herlin Nurhasanah, Diva Ahda Nurmala Pitaloka Nurwidianti, Maudy of Donri Tinambunan , Revelation Pamungkas, Dwiky Hardika Pratama, Andhika Wijaya Pratama, Yusril Hardiansyah Pucuk Nyimas Sekar A.S Purnama, Selly Purwa, Patriana Raineka Faturani Quran Riansyah, Muhamad Rizki Rohmani, Rodiah Romi Galih Prabowo Rosadiana, Eber Rusaedi, Attansya Rafli Safriani, Vini Nurul Sahatatua , Richart Sari, Raisa Selly Purnama Senator Giovani Putra Arlond Setiady, Try Setiawan, Gregorius Patrich Setiawati, Yeti Shintadewi Dibrata Sihombing, Juan Carlos Adiyaksa Sule, Aprilia Maharani Susetyo, Ardisia Rahma Syahrul Ansari , Teuku Tarigan, Notora Teddy Chandra Tetraning Retnowulan S Wijaya, Anandya Tasya Wijaya, Karin Veronica Wijaya, Melliana Wildan Wildan Yeti Setiawati Yogi Diansyah