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All Journal GANEC SWARA Avesina : Media Informasi Ilmiah Universitas Islam Al-Azhar Jurnal Kompilasi Hukum Unizar Recht Journal
Novie Afif Mauludin
Universitas Islam Al-Azhar Mataram
Agriculture, Biological Sciences & Forestry Humanities Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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FAKTOR PENYEBAB DAN UPAYA PENYELESAIAN KASUS PERTANAHAN DI DESA BILELANDO KECAMATAN PRAYA TIMUR KABUPATEN LOMBOK TENGAH NOVIE AFIF MAULUDIN
GANEC SWARA Vol 16, No 2 (2022): September 2022
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v16i2.321

Abstract

The purpose of this study was to determine the factors causing the occurrence of land cases in Bilelando Village, Praya Timur District, Central Lombok Regency and how to resolve land cases in Bilelando Village, Praya Timur District, Central Lombok Regency. To answer the problem formulation of the author. The research method used is a sociological empirical legal research method in accordance with facts related to people's behavior. And using interview and documentation techniques to obtain data. The data is processed by conducting a qualitative analysis, namely data analysis carried out by understanding and compiling the data that has been collected systematically so that an overview of the problem or situation under study is then presented with descriptive analysis. The results show that 1) Lack of orderly land administration in the past. 2) Lack of attention to administrative processes so that it is easy to be claimed by others. 3) The condition of people who are increasingly aware of and understand their interests and rights. 4) There are still many lands that do not have certificates. And 5) There are parties who use the opportunity to seek material gains unreasonably. Efforts to settle land cases in Bilelando Village, Praya Timur District, Central Lombok Regency are firstly non-litigation or outside the court and secondly litigation or through court.
KEDUDUKAN KREDITOR SEPARATIS DALAM PROSES KEPAILITAN NOVIE AFIF MAULUDIN
GANEC SWARA Vol 17, No 1 (2023): Maret 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i1.366

Abstract

The purpose of this study is to find out how the position of separatist creditors in the bankruptcy process is. To answer the problem formulation of the author. The research method used is a normative juridical research method, namely legal research conducted by examining library materials or secondary data. By collecting and then reviewing library materials or secondary data relevant to this research. The results of the research that the provisions in the Law on Guarantees and the Law on Bankruptcy and Debt Payment Delays in which the position of separatist creditors takes precedence over other creditors, and is a separation of creditors' rights, is the author's interpretation of the above discussion, so hereby the author draws conclusions based on the results of the above discussion. . Separatist creditors have the same rights to liquidate assets in the bankruptcy process as if the debtor is not declared bankrupt. However, there are no firm and fast rules between Article 55 paragraph (1) of Law 37/2004 concerning Bankruptcy and Debt Payment Delays and the Civil Code rules regarding the rights of creditors who decide, which can lead to disputes between creditors who decide and practitioners of bankruptcy. In particular Articles 56 and 59 of Law 37/2004 concerning Bankruptcy and Debt Payment Delays. To avoid the above scenario, the bankruptcy practitioner must ensure that the status of the separatist creditor as a lien holder is adequately protected in the settlement of his claim. The transfer of substantive rights by the curator is considered null and void by law, so the provision of Article 56 paragraph (3) of Law 37/2004 concerning Bankruptcy and Debt Payment Delay in the interpretation section needs to be changed. After the substantive rights expire, the guaranteed creditor will compete directly with other creditors
PERTANGGUNGJAWABAN HUKUM TERHADAP PENERBITAN SERTIFIKAT GANDA (STUDI DI BPN KOTA MATARAM) NOVIE AFIF MAULUDIN; ANGGUN PUTRI SETYADI
GANEC SWARA Vol 17, No 3 (2023): September 2023
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v17i3.515

Abstract

The purpose of this is to find out how legal responsibility is for the issuance of multiple certificates (a study at BPN Kota Mataram). To answer the problem formulation the author uses normative legal research, with statutory approach methods (statute approach), and conceptual approach (conceptual approach) and case approach (case approach). As for the results of the study, it was concluded that legal responsibility for the issuance of multiple certificates (study at the Mataram City BPN) is to carry out non-litigation handling, namely at the Mataram City BPN Office and then can continue into the realm of litigation, namely in civil or state administrative courts, where BPN Mataram City as a party. This is done by referring to the applicable laws and regulations, namely the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Canceling State Land Rights and Management Rights or Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the Land Agency National Republic of Indonesia Number 11 of 2016 concerning Settlement of Land Cases or Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 Handling and Settlement of Land Cases. Which of the three regulations is used depends on when the land case is submitted to the land office. In cases with the decision of the Supreme Court of the Republic of Indonesia Number 45/G/2016/PTUN.MTR, accountability for multiple certificates refers to the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 concerning Settlement of Land Cases.
Co-Authors Abdurahman Abdurrahman Ainuddin -, Ainuddin ANGGUN PUTRI SETYADI Ari Wahyudi B. Farhana Kurnia Lestari Danang Kusnadi Diah Anggraini Vitaloka Gusti Ayu Ratih Damayanti Haerani haerani, ruslan I Made Bagus Rama Widya Utama Ikhsan Kamil, Muhammad Imran Rosadi Indradewa, Rhian Isnaini, Atin Meriati Jauhari D. Kusuma Junaedin Kadek Febytara Dewi Tiaksa Pande Khairul Aswadi Komang Subudiyasa Melda Wenda Yurista Muhamad Ryan Pratama Rahman Hakim Raudlatul Jannah Rezki Saputri, Mutiara Rinda Rizky Ananda Sekti Andy Prabowo Sri Karyati Suhendra Maryandi SUMARNI Sumarni Sumarni