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All Journal Jurnal Nuansa Kenotariatan Journal of Innovative and Creativity
Yurisa Martanti
Universitas Jayabaya
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Perlindungan Hukum Terhadap Hak Ulayat: Pemberian Izin Usaha Pemanfaatan Hasil Hutan Kayu Linda Martha Dona; Yurisa Martanti
Jurnal Nuansa Kenotariatan Vol 1, No 2 (2016)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v1i2.154

Abstract

This research aim to examined how recognition of communal land set in the UUPA already recognized, but is still followed by certain conditions, it is often conflict between the holders of customary rights land by the government. This research is normative juridical empirical. Data collection techniques using literature study refers to the laws and regulations. Analysis data using juridical qualitative data analysis, data were obtained from the research literature and field research through library research and interviews, then analyzed with empirical juridical approach/sociological and methods of thinking inductive. The results showed that the customary rights sultan Taha Syariffuddin not recognized in the laws and regulations and local authorities for not fulfill the requirements, so efforts to completion of conflict heirs of the Sultan Taha Syariffudin with PT LAJ not have bargaining power over that required recognition and legal protection of the traditional rights on lands of indigenous communities have not been granted by the local government as well as the laws.
Perlindungan Hukum Terhadap Pemegang Sertifikat Tanah Yang Diterbitkan Andreas Subiakto; Yurisa Martanti; Andrea Septiyani
Jurnal Nuansa Kenotariatan Vol 3, No 2 (2018)
Publisher : Postgraduate of Jayabaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jnk.v3i2.162

Abstract

Land certificate has an important role for the person concerned. The legal certainty of the certificate applicant is based on the state land that was formerly controlled by PT. Kereta Api Indonesia and the concept of legal protection for holders of title certificates issued based on state land rights. The Kebonharjo community as certificate holders have not received legal protection based on Government Regulation No. 24 of 1997 concerning Land Registration. The method used in this research is with socio-legal research approach that comes from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis method. The research found that the holders of land rights certificates issued based on state land PT. KAI still has not received legal protection because it still uses a negative publicity system (positive elements). Regarding the concept of legal protection for holders of land rights certificates issued based on state land rights, it must be in accordance with the philosophy of Pancasila Law as the basis for realizing the values of justice for the parties and achieving legal protection for land rights holders
Legal Protection ofr Heir of Account Owners Unlawfully Blocked By The Banks Wijaya Wijaya; Yurisa Martanti; Taqiyuddin Kadir
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.4898

Abstract

The study purpose was to examine the legal protection for heirs of account owners whose bank accounts are unlawfully blocked by banks without a valid court decision or the consent of the heirs. This issue arises because such actions contradict the principle of prudence in banking operations and may cause losses to the heirs, thus raising questions regarding the authority of banks and the legal remedies available. The research aims to analyze: (1) the authority of banks to block the accounts of deceased customers against their heirs; and (2) the legal protection available to heirs when banks commit unlawful blocking of accounts. This research employed a normative juridical legal research method, relying on secondary data obtained from primary, secondary, and tertiary legal sources. The approaches used included the Legislation Approach, Case Approach, Analytical Approach, and Conceptual Approach. Data were collected through literature study, identifying and inventorying statutory regulations, legal doctrines, and relevant case studies. The legal analysis techniques applied consisted of Grammatical Interpretation, Systematic Interpretation, and legal construction methods. The findings demonstrate that banks have no authority to unilaterally block the accounts of deceased customers, as this contradicts Article 29 paragraph (3) of Law Number 10 of 1998 concerning Banking. The action is deemed unlawful since it disregards the principle of prudence and the obligation to protect customer rights. Heirs who suffer losses due to such acts are entitled to legal protection and may file a civil lawsuit under Article 1365 of the Indonesian Civil Code to demand recognition and restoration of their rights. The study concludes that unilateral blocking of deceased customers’ accounts by banks constitutes an unlawful act. Legal protection for heirs is available through civil remedies, ensuring the protection of property rights and upholding justice in banking practices.
Co-Authors Andrea Septiyani Andreas Subiakto Linda Martha Dona Taqiyuddin Kadir Wijaya Wijaya