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Hanafi Tanawijaya
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KEABSAHAN PERJANJIAN KAWIN YANG TIDAK DICATATKAN DI KANTOR PENCATATAN SIPIL DAN AKIBAT HUKUMNYA TERHADAP PIHAK KETIGA (STUDI KASUS: PUTUSAN PENGADILAN TINGGI JAWA BARAT NOMOR: 449/PDT/2016/PT.BDG)” Nicholas Alexandros; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13570

Abstract

In marriage law, it regulates the issue of marriage agreements which aim to anticipate if in the future a divorce occurs, sometimes there is a struggle for property as well as the costs needed for children's educational needs or with third parties. “Through the Constitutional Court Decision No.69 / PUU-XIII / 2015, which basically confirms that marriage agreements must be registered to fulfill the element of publicity. But in fact in the case of the West Java High Court Decision Number: 449 / Pdt / 2016 / PT.BDG the marriage agreement was not registered with the Civil Registry Office. So that the problem arises: How is the validity of a marriage agreement that is not registered at the civil registration office? What is the legal effect on third parties by not recording the marriage agreement at the civil registration office? The results of this study indicate that there are still potential married couples who do not know that the marriage agreement they made before a notary must be registered at the civil registration office so that the marriage agreement binds a third party. Therefore, a marriage agreement that has been made by the prospective husband and wife must be registered at the civil registration office so that it binds a third party because if it is not recorded, the marriage agreement only binds the parties who made it.”
Analisis Hukum Kasus Gugatan Wanprestasi Pembatalan Perjanjian Pengikatan Jual Beli (PPJB) (Study Kasus Putusan Nomor: 346/Pdt.G/2016/PN.Tng.) Yudhistya Yudhistya; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (710.597 KB) | DOI: 10.24912/adigama.v2i2.7441

Abstract

Official agreements must be drafted according to the provisions of chapter 1320 of the Civil Code. agreement. Binding Agreement of Sale and Purchase (PPJB) of land and buildings made by PT. BSD to PT. SGU is a preliminary agreement that precedes land and construction transactions which are requested to cancel the agreement by PT. BSD because PT. SGU is considered to have defaulted. Cancellation of the Purchase Binding Agreement (PPJB) as contained in the Decision Number: 346 / Pdt.G / 2016 / PN.Tng. Based on this background there are interesting things to discuss in writing this thesis, namely whether or not the PPJB PT. BSD and PT. SGU as well as the judge's judgment when determining the case. This study uses normative juridical research methods. legal material used consists of primary and secondary legal material. The conclusion from the research stated that PPJB of land and buildings between PT. BSD with PT. SGU has completed the characteristics of an agreement whereby the provisions of Chapter 1320 of the Civil Code and judges' judgment when determining the case are the cancellation clauses by the parties in the event of default in the PPJB not because the terms of the agreement are not fulfilled. Suggestions from the author for the strength of the agreement every PPJB making should be made before a notary public and any disputes that arise can be resolved by deliberation to reach consensus.
PERBUATAN MALADMINISTRASI DALAM PEMBUATAN AKTA JUAL BELI OLEH PPAT DAN AKIBAT HUKUMNYA MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERATURAN JABATAN PPAT Jo. PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PPAT (STUDI KASUS PUTUSAN PENGADILAN NEGERI JAKARTA SELATAN NOMOR: 129/Pdt.G/2016/PN.Jkt.Sel.) Cecyllia Tamara B. Schouten; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2214

Abstract

The Land Deed Official (the PPAT) is a Public Official who is granted part of the authorities by the State in the implementation of land registration and the making of an authentic deed. The certificate must be made based on the deeds of the law by the parties. The deeds of the law based on Article 2 of the Government Regulation Number 37 of 1998, a sale and purchase, swap, gift, inbreng, granting right of building/right of use based on the land property rights, and granting of land mortgage. Based on the ordinance, the authentic deed can be used as evidence in case of dispute. In this case is usually a lot of the contempt of court. This act is called the Maladministration. Maladministration is poor management or regulation, especially in an offical capacity. Maladministration is bias, neglect, inattention, delay, incompetence, ineptitude, arbitrariness and so on and would be long and interesting list. Including abuse of power, unlawful procedures, unfairness and malfunction or incompetence. The author examines the problem using normative legal research methods supported by some interviews with some who are experts in the field of the land and maladministration. This act resulted in the existence of legal consequences. Due to the law could by law or may be cancelled. The sanctions awarded againts to the Land Deed Official who did this deed contained in Ministerial Decree of Agrarian Affairs and Spatial/Head of National Land Authority Number 112/Kep-4.1/iv/2017 Article 6 paragraph (1) include reprimand, warning, skorzing, onzetting even fired from The Land Deed Official membership.
PERALIHAN HAK ATAS TANAH MENGGUNAKAN KUASA JUAL OLEH PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 ATAS PERUBAHAN PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 TENTANG PERATURAN JABATAN PEJABAT PEMBUAT AKTA TANAH. (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 3017 K/PDT/2019 JO PUTUSAN MAJELIS PEMERIKSA PUSAT NOTARIS NOMOR 08/B/MPPN/IX/2018) Mutiara Indah Parawansa; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17951

Abstract

The author discussed the PPAT's act of diverting the right to land owned by the seller using the Deed of Sale Power then there was a problem of the legality of the transfer of land rights by using the selling power by PPAT based on Government Regulation No. 24 of 2016 on Changes to Government Regulation No. 37 of 1998 concerning the Regulation of the Office of Land Deed Making Officers. (Case Study of Supreme Court Decision No. 3017 K/PDT/2019 Jo Verdict of The Notary Central Examiner No. 08/B/MPPN/IX/2018) and PPAT liability by transitioning land rights using the power of sale. (Case Study of Supreme Court Decision No. 3017 K/PDT/2019 Jo Verdict of The Notary Central Examiner No. 08/B/MPPN/IX/2018). The study uses normative juridical research. The results of the study obtained that the transfer of land rights using the Selling Power, The Binding Agreement for Sale and Emptying of Property Certificate Objects only has the power of the deed under the hand so that it can be requested.
PENERAPAN ASAS TERANG DAN TUNAI DALAM JUAL BELI TANAH YANG MERUPAKAN HARTA BERSAMA DALAM PERKAWINAN (STUDI PUTUSAN NOMOR 1/PDT.G/2019/PN.LBT) Desvia Winandra; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 3, No 2 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i2.10556

Abstract

The sale and purchase of land principles in National Land Law is a transfer of land rights that are clear and cash. This means that the transfer of land rights carries out in front of an authorized public official and the payment is being done by cash and simultaneously. The problem of this research ishow to apply the principle of clear and cash in the sale and purchase of land which is a joint property in marriage in the Decision of the Lembata District Court Number 1/Pdt.G/2019/PN.Lbt. The research method used is normative legal research by examining literature through the statute approach and case approach. The result showed the sale and purchase of land in this case was not carried out clearly, because the implementation of the sale and purchase of land was unknown andnot approved by his wife even though the property’s certificate is written in the name of the husband, where the land is joint property. The sale and purchase of land is also not carried out by PPAT, even though the land has a Freehold Certificate which was made by Notary Public/ PPAT of Lembata Regency. Regarding the implementation of the cash principle, the act of buying and selling land are carried out by cash principle even though the payment is made three times, because cashis an agreement about the price, not the payment methods. The principle of clear and cash are important to be remembered in the act of buying and selling land.
AKIBAT PUTUSNYA HUBUNGAN PERKAWINAN TERHADAP HAK SUAMI ATAS HARTA BERSAMA YANG MASIH DALAM PROSES ANGSURAN (STUDI PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR 482/PDT.G/2017/PN.TNG JO. PUTUSAN PENGADILAN TINGGI BANTEN NOMOR 105/PDT/2018/PT.BTN Sherinne Sherinne; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17759

Abstract

The result of marital relationship between husband and wife broke up that commonly influences to the marital’s joint property. Marital’s joint property after the dissolution of marital relationship is usually distributed between husband and wife in balance. This case in Decision of the Tangerang State Court No. 482/Pdt.G/2017/PN.Tng Jo. Decision of the Banten High Court No. 105/PDT/2018/PT.BTN, dissolution of marital relationship between husband and wife still have the obligation to pay the house installments. After the dissolution of marital relationship, the ex-husband had good faith by paying the house installments until paid off. However, the ex-husband did not get his right to the fulfillment of achievements in paying that house installment. The research method used normative legal research by examining literature through statute approach. The result in legal research is ex-husband has still his right to house installment even though between husband and wife had been already broken up of marital relationship. This is because the house was obtained at the time of marriage between husband and wife, mainly the husband had paid the house installments after the dissolution of marriage. The results of the house installment must be distributed between ex-husband and ex-wife in accordance to the achievements of the house installment that paid at the time of marriage and dissolution of marriage.
ANALISIS PERJANJIAN PEMBELIAN APARTEMEN T. PLAZA DENGAN SISTEM PRE PROJECT SELLING DITINJAU DARI PERATURAN MENTERI PEKERJAAN UMUM DAN PERUMAHAN RAKYAT NOMOR 11/PRT/M/2019 TENTANG SISTEM PERJANJIAN PENDAHULUAN JUAL BELI RUMAH (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 145/PDT.G/2019) Melvina Melvina; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17764

Abstract

Buying and selling transactions of either a unit of apartment or a house in Indonesia, the transaction records by pre-project selling agreements that deviate from the provisions of Article 1 Paragraph (2) jo. Article 9 Paragraphs (1) and (2) jo. Article 10 Paragraph (1) Regulation of the Minister of Public Works and Human Settlement Number 11/Prt/M/2019 concerning the Preliminary Agreement System for the Sale and Purchase of Houses (Permen PUPR PPJB). The use of the pre project selling agreement greatly weakens the legal position of the apartment buyer/consumer due to the use of standard clauses, the unclear legal status of the buyer of the T. Plaza apartment unit which is not made by PPJB before a notary, all payments made by the buyer are not returned and prior to marketing the apartment construction. T. Plaza has not yet reached 20% of the building construction volume. All of the above issues will be discussed in this article through the study of Decision Number 145/Pdt.G/2019/PN Jkt.Pst. In this decision, the sale and purchase of apartments is carried out through a letter of order number 353/PK-TP/X/2013. The first problem is how is the legal force of the order letter number 353/PKTP/X/2013 in terms of the Regulation of the Minister of Public Works and Public Housing Number 11/PRT/M/2019 concerning the Preliminary Agreement System for the Sale and Purchase of Houses? and secondly, what are the legal considerations of judex fact in the civil case decision number 145/Pdt.G/2019/PN Jkt.Pst, when it says the buyer is in default?. This research was conducted using normative legal research methods. The results of the study show that the rise of apartment unit transactions using pre-project selling without a notarial deed is made, thus weakening the position of buyers with good intentions.
KEDUDUKAN ANAK ANGKAT SEBAGAI AHLI WARIS BERDASARKAN KOMPILASI HUKUM ISLAM (STUDI KASUS PUTUSAN NOMOR 2142/PDT.G/2017/PA.PLG) Maharesi Trifo Putra; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17105

Abstract

Based on Article 171 letter h of the compilation of Islamic law, it is stated that an adopted child is a child who in terms of maintenance for their daily life, education costs and etc, their responsibilities shift from their original parents to their adoptive parents based on a court decision. In fact, Islam supports the existence of child protection services, one of them is by adopting children. The Compilation of Islamic Law emphasizes that adopted children or adoptive parents have no inherited relationship, but as an acknowledgment of the institution of adoption, the relationship between the adopted child and their adoptive parents is conveyed through the intermediary of a will or testament obligatory. The compilation of Islamic law which is now a reference by the religious courts that adopted children are entitled to a mandatory will on the condition that it cannot be more than 1/3 (one third) of the inheritance of the adoptive parents. The consideration of the judge who gave more than 1/3 of the assets based on the case Number 2142/Pdt.G/2017/PA.PLG is probably because since the baby the child was raised by their adoptive parents and they intended to split 2 land certificates and intends to give one of them to their adopted child during their life, but until they died it was not carried out and inheritance distribution does not reduce the share of the other heirs and there is even a remaining inheritance.
PENERAPAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA PEMBAGIAN WARIS NO 31 MENURUT UUJN NO 2 TAHUN 2014 Yoki Kurniawan; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2276

Abstract

Notary is a position or ordinary we call as general officials appointed by the State and work to serve the public interest. Not only that, a notary also in carrying out its duties and authority must comply fully with the prevailing laws and regulations in Indonesia. Each position certainly has an ethics in the profession which is called a code of ethics, as well as a notary who has a code of ethics in his profession. But out there masi no notaries who violate the code of ethics as mentioned in the law, In accordance with the title of the author of the adopted method of research used is the normative research method supported by interviews that are expected to help answer the problems of this study. The authors conducted interviews with the supervisory board, notaries, and legal experts. In this case the notary has been declared guilty by the Regional Supervisory Board (MPD) and will proceed the case to the level of sanction by the Regional Supervisory Board (MPW) and after receiving the sanction it will proceed to the next level of Central Assembly (MPP) to be sanctioned which has been granted by the level of the Regional Supervisory Board (MPW).
EKSISTENSI TANAH BENGKOK SETELAH BERUBAHNYA PEMERINTAH DESA MENJADI PEMERINTAH KELURAHAN (STUDI KASUS DI WILAYAH KELURAHAN KELAPA DUA DAN KELURAHAN BENCONGAN, KECAMATAN KELAPA DUA, KABUPATEN TANGERANG) Syihabudin Sya’ban S.P.; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 2, No 2 (2019): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (148.504 KB) | DOI: 10.24912/adigama.v2i2.6575

Abstract

Land the village treasury as assets of village growing based on tradition or customs living in communities. The twisted now called the village or official known as land use village, the twisted is old term born and developed in the community Java or Bengkok Village, formally known as the rights of use. Status village fights of use to the local government assets when the status of his rule chage from village into kelurahan. When turned into autonomous region district be automatically village asset to be an local governments. When village status turned info village the assets rurn into local government owned by the village and released earlier. The twisted is a village asset used to substitute salary and given as payment for village officials. After the village government to kelurahan, and so the twisted could not be us as wages. This happened in urban village Kelapa Dua and urban village Bencongan.
Co-Authors Adi Dian Permana Agripina Agripina Aji Ulul Azmi Alifia Nashira Angel Meilenia Ng Arlene . Bred Klenten Brenda Manuel Sasmita Carissa Janice Cecyllia Tamara B. Schouten Degio Verell Seppkio Delvin Akbar Desvia Winandra F. Kristifani Haryanto Farly Kanserano Jabiy Fayuthika Alifia Kirana Sumeru Febrian Rizky Firmansyah Geraldus Sulianto Haryati Widjaja Imelda Septy Febrian Jordi Living Gosan Julliues Mulyadi Kenny Jusup Maharesi Trifo Putra Matthew Sebastian Meilivia Winandra Melinda Ijaya Melvina Melvina Michelle Velisia Mika Anabelle Muhammad Hadlisina Hawari Mutiara Indah Parawansa Nicholas Alexandros Octavianna Evangelista Qothrun Nada Ridho Harry Setiawan Rio Aldi Sawsan Yasmine Ohoiwutun Shella Aprillia Sherinne Sherinne Sherry Renata Syihabudin Sya’ban S.P. Tangkas Eka Putra Tatiana Imarasha Tommy Suhendra Vanny Grace Angelina Tampubolon Vincent Stanly Yoki Kurniawan Yolanda Limarta Yoshua Jonathan Saputra Yudhistya Yudhistya Yunita Baransano