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All Journal Jurnal Hukum Adigama Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Hanafi Tanawijaya
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PEMBATALAN SERTIPIKAT HAK MILIK YANG DITINGKATKAN DARI HAK GUNA BANGUNAN (CONTOH KASUS: PUTUSAN PENGADILAN TATA USAHA NEGARA SERANG NOMOR 58/G/2019/PTUN-SRG) Adi Dian Permana; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Land rights are marked by the issuance of a certificate of land rights. This certificate functions as acertificate of title, issued for the benefit of the right holder concerned, in accordance with the physicaldata contained in the measuring document, as long as the physical data and juridical data are inaccordance with the data contained in the letter of measurement and the land book of the titleconcerned. So in this case it is clear that the certificate is a strong means of proof provided by the stateto guarantee legal certainty and certainty of rights, as long as no other party can prove otherwiseregarding the status of ownership. In this case, the certificate can increase the increase to OwnershipRights, but increasing the Ownership Rights does not rule out the possibility of a problem arising. Onecase that occurred was the previous incident that the certificate had been upgraded from Hak Gunawhich occurred at Ruko Permata Cimone, Tangerang City. The beginning of the problem after theletter was issued regarding the mandatory certificate of Ownership which requires the cancellation ofthe certificate of building rights in the name of PT. Purna Bhakti Jaya and its derivatives, namely 22certificates of property rights and 11 certificates of building rights that have been extended. Theowners objected because at the beginning of the issuance of the decree there was no informationregarding the object being submitted.
PENGALIHAN OBJEK JAMINAN FIDUSIA OLEH PEMBERI FIDUSIA TANPA SEPENGETAHUAN TERTULIS DARI KREDITUR MENURUT UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA Angel Meilenia Ng; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Fiduciary guarantee is a guarantee for a tangible or intangible movable object and immovable object.In a fiduciary agreement, the object of the guarantee of ownership of the object remains in the hands ofthe debtor. However, the fact that happens is that debtors often transfer the object of their fiduciaryguarantee to a third party, which causes losses to the creditor. Therefore, this study aims to determinethe implementation of the droit de suite principle on the transfer of the fiduciary guarantee object andthe legal consequences if the fiduciary guarantee object is transferred without written notification tothe creditor. The research method used is normative legal research with descriptive researchproperties, and uses primary, secondary, and tertiary legal materials. The researcher obtained theresults that the droit de suite principle is always attached to the material rights, even though they aretransferred. This will have a logical consequence where if the object of the guarantee is transferredwithout being known to the creditor, the creditor can withdraw the object of the guarantee whoseownership has been transferred to another party other than the creditor and debtor.
ANALISIS PUTUSAN PENGADILAN NEGERI CIBINONG NOMOR 33/PDT.G/2019/PN.CBI DIMANA PENGGUGAT TIDAK MEMILIKI KEWENANGAN HUKUM ATAS DIBATALKANNYA SERTIFIKAT OLEH PTUN (STUDI KASUS NOMOR 158/G/2015/PTUN-BDG) Bred Klenten; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The emergence of legal disputes stems from objections related to claims for land rights both onland status, priority and ownership. The problems is what is the consideration of the CibinongDistrict Court judge who grants PT. Sentul City which has no legal authority as a plaintif with thecancellation of SHGB No. 305/Desa Karang Tengah and how the legality of land ownership iscivil but the proof of ownership is cancelled. The research method is a normative juridical. Theresults showed that the things that were considered by the Cibinong District Court Judge whogranted PT. Sentul City which has no legal authority as a plaintif with the cancellation of SHGBNo. 305/Desa Karang Tengah is the transfer of land rights made by the Plaintif to the land owneras referred to in the 9 SPH that has been carried out legally. Cancellation of the certificatethrough the Administrative Court does not only immediately erase the civil rights of people to theland. In relation to this case, wherein the Plaintif 's SHGB No. 305/Desa Karang Tengah has beencanceled by the Administrative Court, of course, it becomes a strong legal basis. The cancellationof the certificate by the PTUN according to the author is because there are other parties who canprove that a parcel of land that has been issued a certificate is legally and truly his property andthis is supported by a court decision that has been inkracht.
KEDUDUKAN HARTA BAWAAN DALAM PERKAWINAN YANG DISITAAKIBAT TINDAK PIDANA KORUPSI STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1948K/PDT/2015 Melinda Ijaya; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Confiscation of innate property in a marriage that occurs as result of criminal act ofcorruption committed by the husband, where the object confiscated is in the form of land obtainednot from the proceeds of a criminal act of corruption but from the gift of the wife's parents beforethe marriage. The research with the title "The Position of Congenital Assets Confiscated Due tothe Crime of Corruption is listed in the Supreme Court Decision Number 1948K/Pdt/2015"coreproblems, namely how the judge's consideration in determining the confiscation assets in marriageas a result of criminal acts of corruption, and how the position of innate property in a marriagerelated to the confiscation of a criminal act of corruption. The purpose of this study was todetermine the position of the innate assets confiscated by the state when there was a criminalconfiscation of corruption related to the corruption case that ensnared the husband, on the objectof land where the land was obtained from a parental grant from the wife long before the husband'scorruption and to find out how the judge's considerations in determine the confiscation ofcollateral in the husband's corruption crime. Based on the results of the research, it shows thatthere are legal irregularities where it is stated that the opponent has no interest in this case, wherein fact the opponent has an interest as the injured party. is not the result of a criminal act ofcorruption by the husband of the opponent.
AKIBAT HUKUM ANAK YANG LAHIR DARI PERJANJIAN SEWA RAHIM (SURROGACY CONTRACT) Sawsan Yasmine Ohoiwutun; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

The existence of the practice of renting a womb carried out by the community raises many legal problems, whichmust be responded to by all parties. Indonesia does not yet have specific and specific rules regarding the rentalof the womb. If you want to know the rules and regulations related to the issue of uterine rental, then they arerelated and related to several laws and regulations that apply in Indonesia. For example, what is the legal statusof the child born from the rental of the womb. This study is to determine the legal consequences of children bornfrom a womb rental agreement. This study aims to determine the legal certainty of children born from the resultsof a uterine rental agreement. Legal relationship, namely if the child is born from a woman whose womb isrented who is bound by marriage (has a husband) then the child will be domiciled as the legal child of thewoman. In Islamic law, the practice of renting a uterus is not permitted.
Status Anak yang Dilahirkan Akibat Pembatalan Perkawinan Sedarah Menurut Hukum Islam dan Undang-Undang Perkawinan No. 1 Tahun 1974 (Studi Kasus Putusan 1160/Pdt.G/2018/PA.Bms) Julliues Mulyadi; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Marriage is defined as an inner and outer relationship between a man and a woman as husband andwife with the intention of creating a joyful and eternal family or household based on the OneSupreme Godhead in Article 1 of Marriage Law No. 1 of 1974. In the context of marriage, the linkthat unites a man and a woman as husband and wife is clearly apparent. In order for each person togrow and achieve spiritual and financial well-being, husband and wife must support andcomplement one anotherLong-time residents of specific locations who are still related by blood haveengaged in incest marriages. When something is done regularly, it develops a habit, and themarriage subsequently takes on local culture. The aforementioned shows that inbreeding occurs inIslamic cultures that follow Islamic law as well as Indigenous peoples that follow customary law.Weddings with relatives or blood marriages have been restricted or even outlawed in the MarriageLaw since the passage of Marriage Law No.1 of 1974, although if this is broken and takes place, themarriage would be dissolved. Even though the prohibition of marriage has been regulated, theexistence of marriages between blood relatives, whether they happen on purpose or accidentally, isstill a phenomena in society, necessitating the annulment of marriages. Marriage annulment isdistinct from divorce. An annulment of a marriage is a ruling that declares a legally lawful marriagethat has already taken place to be null and hence to never have existed.
ANALISIS SENGKETA PENARIKAN OBJEK JAMINAN FIDUSIA SECARA PAKSA (STUDI KASUS PUTUSAN NO.113/PDT.G/2018/PN.BTM) Jordi Living Gosan; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Fiduciary guarantee is a creditor's loan agreement to the debtor that involves guarantee. When thedebtor or fiduciary giver breaks his promise or does not fulfill his performance on time to the creditor,the execution of the fiduciary guarantee will be applied, namely the withdrawal of the object that hasbeen agreed upon. Eddy Lim (plaintif ) sued PT Maybank Indonesia Finance (defendant) because heconsidered that his actions in withdrawing and executing the object of fiduciary security, namely oneunit of a four-wheeled vehicle with the Datsun Co-Panca brand, were not in accordance with theexisting rules and regulations and should only be carried out by the court through an auction, so thatthe plaintif feels that he has been harmed. The Plaintif and the Defendant have made a financingagreement with a fiduciary transfer of property rights, namely the plaintif will pay in installments withan installment payment agreement period of 36 months, starting from November 2014 to October2017. However, the plaintif did not make a deposit for 3 months, therefore the defendant pull objects.However, the court's decision rejected the plaintif 's application due to the non-fulfillment of relativecompetence and an error in persona. The purpose of this study is to know and understand the law ofguarantees in disputes over the forcible withdrawal of fiduciary objects. The types of data used areprimary data and secondary data.
TINJAUAN TENTANG KEKUATAN HUKUM POLIS ELEKTRONIK DALAM PERJANJIAN MENURUT KITAB UNDANG-UNDANG HUKUM DAGANG (KUHD) DAN UNDANG-UNDANG 40 TAHUN 2014 TENTANG PERASURANSIAN Yoshua Jonathan Saputra; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 1 (2022)
Publisher : Fakultas Hukum Universitas Tarumanagara

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Overview of the Legal Power of Electronic Policies in the Commercial Code Agreement and Law 40 of2014 concerning Insurance, resulting in the public having to prepare for the emergence of online-basedinsurance. According to Law 40 of 2014 concerning Insurance, in the era of technological growth there isstill no regulation that clearly handles the electronic policy problem. So that people are still confused,based on Article 1320 of the Civil Code, e-policy as a form of agreement generally has fulfilled the legalrequirements of the agreement based on Article 1320 of the Civil Code. However, as a form of e-policyagreement, it is also regulated in the Commercial Code. Meanwhile, based on Article 255 of theCommercial Code, the coverage must be in writing with a deed, which is given the name of the policy. Sothat the e-policy can be interpreted as not fulfilling the requirements for the validity of the fourthagreement, namely a lawful cause because e-policy is contrary to the Commercial Code which isequivalent to the Act. So that the insurance agreement can be interpreted as not meeting the objectiverequirements of an agreement, the agreement is null and void. Furthermore, the research method is foracademic purposes, the research method contains a description of the nature of the research, the methodsused to research, the data collection tools used in researching, research interviews and the types of data tobe obtained.
PELAKSANAAN LELANG TANAH WARISAN OLEH KANTOR PELAYANAN KEKAYAAN NEGARA DAN LELANG (CONTOH KASUS PENETAPAN PENGADILAN AGAMA JAKARTA PUSAT NOMOR 003/PDT.EKS/2018/PAJP JO PENETAPAN PENGADILAN AGAMA JAKARTA PUSAT NOMOR 003/PDT.EKS/2017/PAJP JO PUTUSAN PENGADI Degio Verell Seppkio; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

Auction is a way to make a sale by gathering several auction enthusiasts for the object being auctioned, then selling it by means of the interested person bidding in writing or verbally. Minister of Finance Regulation No. 27/PMK.06/2016 becomes the basis for conducting auctions in Indonesia. The implementation of the auction in the Decision of the Religious Court Number 003/Pdt.Eks/2018/PAJP in conjunction with the Decision of the Religious Court Number 003/Pdt.Eks/2017/PAJP in conjunction with the Decision of the Religious Court Number 015/Pdt.G/2014/PAJP becomes a question of how the house is possible which is still occupied can be auctioned without being known while the house is still occupied. In addition, the auction used is an execution auction, namely an auction that is carried out based on an existing decision and should be confiscated against the object that is the basis for the execution auction, and is controlled by the Religious Court in this case, but the object of the auction is still occupied by the heirs. In this study the author will further analyze the existing problems using normative research methods by examining secondary legal materials, documentation studies, and the analytical method used deductively by examining the existing problems by first looking for the major premise and the minor premise.
KEDUDUKAN KREDITUR KONKUREN YANG MEMBATALKAN PERJANJIAN PERDAMAIAN MENURUT UNDANG - UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PKPU (STUDI PUTUSAN NOMOR: 02/PDT.SUS-PEMBATALAN PERDAMAIAN/2020/PN.NIAGA.JKT.PST jo. PUTUSAN MAHKAMAH AGUNG NOMOR: 963 Vincent Stanly; Hanafi Tanawijaya
Jurnal Hukum Adigama Vol. 5 No. 2 (2022): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

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Abstract

In Indonesia, Bankruptcy processes became very popular since the Monetary Crisis 1998 when the Rupiah exchange rate against USD decreased at that time. As a result, many debtors fail to pay creditor debts. In connection with that, the government issued a regulation regarding Bankruptcy and now it has been regulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (PKPU). The Peace Agreement process in PKPU is a form of peace between the Debtor and the Creditor. The Peace Agreement that has been legalized (homologation) by the Court will be valid and legally binding. In the case of PT Harmas Jalesveva, the Developer has been late in carrying out its obligations in accordance with the agreed time limit in the Homologation agreement so that the Applicant in this case who is registered as Concurrent Creditor submits a cancellation of the Homologation agreement. With this case, the author will discuss the Position and Legal Consequences of Concurrent Creditors who cancel the Homologation agreement. The type of research used is normative juridical research. Collecting data in this research is through descriptive qualitative.
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