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Hanafi Tanawijaya
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PERLINDUNGAN HUKUM TERHADAP HAK ULAYAT MASYARAKAT HUKUM ADAT BATIN HITAM SUNGAI MEDANG DESA KESUMA KECAMATAN PANGKALAN KURAS KABUPATEN PELALAWAN, PROVINSI RIAU (STUDI PUTUSAN NOMOR 113/PID.B/2019/PN PLW) Yunita Baransano; 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.v3i2.10627

Abstract

The problem that will be discussed in this research is how the agreement for the management of the customary land of Batin Hitam Sungai Medang customary community, Kesuma Village, Pangkalan Kuras District, Pelalawan Regency, Riau Province with PT. Arara Abadi and how its legal protection for holders of customary rights over their ulayat lands, efforts to implement various laws and regulations on customary law communities and their customary rights as an effort to implement the boundary agreement for PT. Arara Abadi. This type of research is normative, so the data sources used are primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Interview data collection techniques, and literature review. Legal protection is an effort to protect the ulayat rights of the Batin Hitam customary law community in the former IUPHHK-HTI area of PT. Arara Abadi, due to the dispute settlement with the Batin Hitam customary community with the agreement that: a) The 1.5 km area on the left and right of the Medang river or approximately 4,300 ha, was excluded from PT. Arara Abadi to enclave and preserve. b) Whereas the 54 hectare area deemed to have been damaged by the Batin Hitam customary law community includes the area of customary land. field.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PENANDATANGANAN AKTA JUAL BELI YANG DIDASARI ATAS BLANGKO KOSONG (CONTOH KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1201/K/PDT/2016) Arlene .; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2755

Abstract

PPAT or The Land Deed Official 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 that is made by PPAT must be made based on the deeds of the law by the parties. The authentic certificate can be used as evidence in case of dispute based on the ordinance. According to Article 22 Regulation Number 37 of 1998, the certificate must be read by The Land Deed Official in front of the parties along with two witnesses. However, in this case, The Land Deed Official asked one party to sign on the blank certificate, as a result the certificate wasn’t being read in front of the parties. This deed is accused of maladministration that includes unlawful procedures, abuse of power, malfunction and unfairness or incompetence. The author examines the problem using normative legal research methods which supported by some interviews with the ones who are experts in the field of the land and maladministration. This deed resulted in the existence of legal consequences. 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 1 year of 2006 Article 28 paragraph (1) includes firing from The Land Deed Official membership.
HAK ATAS TANAH YANG JANGKA WAKTUNYA SUDAH HABIS DIWARISKAN KEPADA AHLI WARIS (STUDI KASUS HAK GUNA BANGUNAN NOMOR 111/KWITANG) Carissa Janice; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.10842

Abstract

Building rights title can be terminated due to its period of time. The land will be returned to its owner when the period of time is over. However, there’s some building rights title whose period of time is over that is still be included in some certificate of inheritance or wills although according to Law Number 5 of 1960 also referred to as UUPA or the Basic Agrarian Law Act the land has to be returned to the state or to its owner. Can building rights title which has expired be inherited by the heirs? And how is the dividing method? The research data shows that there are some different opinions from the results of the interview about the expiration time of building rights title. Building rights title that has expired cannot be extended but rights renewal can be done. Therefore, the building tights title is requested for rights renewal only then be divided according to its rightful heirs.
ANALISIS PEMBATALAN PERJANJIAN PENGIKATAN JUAL BELI (PPJB) SECARA SEPIHAK YANG DILAKUKAN OLEH KREDITUR (STUDI PUTUSAN PENGADILAN NEGERI BEKASI NOMOR 39/PDT.G/2019/PN.BEKASI) Vanny Grace Angelina Tampubolon; 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.v4i2.17939

Abstract

Buying The Buying and Selling Binding Agreement has contained the rights and obligations of the parties who make it. Buying and Selling Binding Agreements (PPJB) often experience obstacles in practice, problems related to the agreement resulted in the agreement being canceled. The Buying and Selling Binding Agreement (PPJB) may be cancelled unilaterally by either party or by agreement of both parties. Unilateral cancellation of the agreement, of course, causes losses for the parties, so there needs to be a protection due to the cancellation of the agreement. This writing has a problem, namely how the mechanism and legal consequences for the cancellation of PPJB in the Decision of the Bekasi District Court Number 39 / Pdt.G / 2019 / PN. Bekasi. This writing also aims to find out the mechanism and legal consequences of the cancellation of PPJB in the Decision of the Bekasi District Court No. 39 / Pdt.G / 2019 / PN. Bekasi. This research uses this type of normative or doctrinal juridical law research. The short method used is a statute approach by collecting data that includes library research based on qualitative data analysis that can be interpreted in the form of sentences described systematically, clearly, and in detail. The conclusion of this study is the void of norms related to the creation of the Unilateral Buying and Selling Binding Agreement (PPJB), so as to cause legal consequences and agreements that have previously been made to become void or in other words the agreement becomes terminated and the parties are no longer bound as long as necessary as stipulated in Article 1266 of the Civil Code. As a result of the cancellation, the debtor feels aggrieved and the creditor must return the down payment (DP) that has been paid by the debtor to the creditor in accordance with the Decision of the Bekasi District Court No. 39 / Pdt.G / 2019 / PN. Bekasi). If the Creditor does not carry out in accordance with the Court's Decision, then there are sanctions that must be accepted.
PERLINDUNGAN HUKUM BAGI PIHAK KREDITUR APABILA TERJADI WANPRESTASI YANG DILAKUKAN OLEH DEBITUR Tangkas Eka 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.v4i2.17959

Abstract

Before the creditor submits an execution auction request to the KPKNL, the creditor submits amicable steps to the defaulting debtor to pay off his debt immediately, if there is no good faith from the defaulting debtor to pay off his debts, the bank submit a mortgage execution auction to the KPKNL. After fulfilling the conditions stipulated in Article 11 of the Regulation of the Minister of Finance of the Republic of Indonesia Number. 27/PMK.06/2016 concerning Auction Implementation Guidelines, and if all are stated as complete and formally correct, the seller can determine the bidding method by including in the auction announcement and the place where the auction is held is in the position of the class II auction official where the goods are located. The timing of the auction is determined by the head of the KPKNL or a class II official. Legal protection for creditors is contained in Law Number 4 of 1996 concerning Mortgage Rights on Land and objects related to land. Lawsuits and opposition to the auction of mortgage executions, in principle, do not delay the execution of mortgages, but in fact have a juridical and legal impact. With a large economy, the purpose of the lawsuit against the auction is solely aimed at making it difficult for the Mortgage Holder to settle his receivables quickly. The lawsuit and opposition to the mortgage execution auction in principle does not delay the execution of the mortgage right, but it has a large juridical and economic impact. According to the author, the purpose of the lawsuit against the auction is solely aimed at making it difficult for the mortgage holder to settle his receivables quickly, and harming the auction buyer who has good intentions in controlling the mortgage object that has been purchased in a public auction.
ANALISIS PERJANJIAN PENGIKATAN JUAL BELI TANAH DAPAT MENJADI AKTA JUAL BELI TANPA KEHADIRAN PENJUAL (STUDI KASUS: PUTUSAN PENGADILAN NEGERI SURABAYA NOMOR 1292/PDT.G/2019/PN.SBY) Meilivia Winandra; 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.v4i2.17768

Abstract

The sale and purchase of land are one of the legal acts of transfer of land rights. The parties can make a sale and purchase agreement as a preliminary agreement before the deed of sale and purchase is made in the context of land registration. In the case studied, there was a problem seller refusing to make a deed of sale and purchase, even though the buyer had paid in full for the object. So that raises problems related to how a sale and purchase agreement can become a deediofisale iand ipurchase iwithoutithe ipresence iofithe iselleriin ithe icase iDecision iofithe iSurabaya iDistrictiCourt iNumberi1292/Pdt.G/2019/PN.Sby. iThe imethod iused iisinormative ilegaliresearch. The results show that the sale and purchase agreement was made privately deed and there were no provisions regarding the power to sell. Likewise, the court's decision stipulates that the sale and purchase are legal and valuable based on the sale and purchase agreement and decide to make a deed of sale and purchase by Deed Official even though without the presence of the seller is legal certainty that an action can be carried out. Preferably, the making of the sale and purchase agreement made by Notary which is an authentic deed with perfect evidentiary power and the government provides legal socialization to the public regarding the sale and purchase of land to increase knowledge and understanding of the importance of making a sale and purchase agreement with an authentic deed.
ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 99K/TUN/2020 TENTANG SENGKETA TERBITNYA SERTIPIKAT TANAH ANTARA PEMERINTAH PROVINSI DKI JAKARTA MELAWAN PT. BUANA PERMATA HIJAU Matthew Sebastian; 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.v4i2.17773

Abstract

Land is closely related to humans. This creates conflict in society. Especially regarding arable rights whose rules are not yet clear. Often disputes occur between civil society and government officials, especially regarding land used for development in the public interest. The author wants to know what are the legal considerations of the Supreme Court in the decision number 99K/TUN/2020 which strengthens the usufructuary rights number 314/315 belonging to the DKI Jakarta Provincial government, by analyzing the validity of the land certificate belonging to the DKI Jakarta Provincial Government in this case, with the applicable rules. The research method used is normative research. Based on the author's analysis, there are several things that make the judges should not ignore the arable rights of PT Buana Permata Hijau. Some of these things are that the SK on price estimation which is used as the basis for the consignment has expired. Then the consignment made is not in accordance with the applicable regulations. In addition, the handover by PT Agung Podomoro to the DKI Jakarta Provincial Government was not in accordance with the applicable regulations. This is used as the basis for the issuance of a certificate of use rights of the DKI Provincial Government. Therefore, it can be concluded that the certificate of use rights of the DKI Provincial Government is not appropriate to be issued by the National Land Agency because the land is still in a state of dispute.
SISTEM PRE PROJECT SELLING DALAM PENJUALAN SATUAN UNIT APARTEMEN MENURUT UNDANG -UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN (CONTOH KASUS PUTUSAN PENGADILAN NEGRI JAKARTA PUSAT NOMOR: 616/PDT.G/2017/PN.JKT.PST JO. PUTUSAN PENGADILAN TINGGI JAKARTA NOMOR: 20/PDT.G/2019/PT.DKI) Mika Anabelle; 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 | DOI: 10.24912/adigama.v2i2.6570

Abstract

Pre-Project Selling is a marketing and apartment sales activity conducted before construction is carried out, which is often done by developers before licensing is issued specified in Law Number 20 of 2011 concerning Flats so often causes problems. The purpose of this paper is to determine the pre-project selling system in the sale of apartment units according to the Law on Flats and legal protection for buyers of apartments with a pre-project selling system if the developer defaults.The research method used in this study is a normative research method. The research data was collected by means of a literature study using the method of approaching the law relating to this study, namely Law Number 20 of 2011 concerning Flats.The results of this study show that the sales system with this pre-project selling system often creates problems because the requirements as stipulated in the apartment laws have not been fulfilled, therefore developers can be held accountable both civil, criminal and administrative.
KEABSAHAN PERALIHAN HAK ATAS TANAH MELALUI JUAL BELI DI BAWAH TANGAN MENURUT HUKUM PERTANAHAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI TANGERANG NOMOR: 376/PDT.G/2017/PN.TNG) Michelle Velisia; 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.v4i2.17117

Abstract

Land is one of the basic human needs and limited land can cause problems because it will encourage the purchase and sale of land and the process of land right switchover. The purchase and sale agreement is law that was born as a result of community needs. This research was conducted because there was one of decision that contained an incident that there hand been a sale and purchase of land in 1999 but used a receipt, the buyer hasn't has not transferred the name of the certificate and the seller's whereabouts are not found before the legalization of the sale and purchase is carried out so that the buyer files a lawsuit to the court and the buyer/plaintiff's request is granted because the seller/defendant did not come during the trial and did not send a guardian to come to the trial. How is the validity of the sale and purchase that is carried out using only proof of receipt without an authentic deed? The research method used by the author is a normative legal research method that is library research, examines the decision of the District Court Number 376/PDT.G/2017/PN.TNG and is associated with statutory regulations, case approaches, and conceptual approaches. Sources of data used in this study are primary and secondary data sources using data collection techniques used, namely interviews and literature study. Based on the research data, it is known that the legitimacy of buying and selling land rights under the hands that have not been carried out before the PPAT does not automatically become illegal according to law and shows that there are still people who have not legally bought and sold according to the law it is detrimental to the buyer that the sale and purchase of land should use an authentic deed because if it does not have an authentic deed, it cannot be renamed the certificate.
JUAL TANAH BERDASARKAN DOKUMEN SERTIFIKAT TANAH Ridho Harry Setiawan; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land is one of the valuable assets whose existence can be used as long-term assets, long-terminvestments and can be used as assets that can be inherited properly as long as the land has legalland rights according to the applicable laws and regulations. Land is also the most basic source ofhuman livelihood, for example, to build a place to live or to be used as a source of livelihood. Thisis in line with the fact that humans live and develop and carry out activities on land so thatwhenever humans come into contact with land, in this case humans are also accustomed to buyingand selling land and doing so without having a letter. which do not have a strong legal basis sothat problems occur. How is legal protection for land rights holders with land certificatedocuments? The research method used is normative juridical with a case approach and legislationbased on analytical studies that legal protection must be obtained by all legal subjects without anydif erences.
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