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All Journal Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL USM LAW REVIEW
Tjempaka Tjempaka
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Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM TERHADAP PEMBELI YANG BERITIKAD BAIK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) (STUDI PUTUSAN PENINJAUAN KEMBALI NOMOR: 534PK/PDT/2017) Oktaviah Oktaviah; Tjempaka Tjempaka
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 (840.364 KB) | DOI: 10.24912/adigama.v2i2.6685

Abstract

Land has a high value because it is a place where living creatures live and do their activity. Because of the high value humans which are a social creature will defend/maintain their land. The need for land is higher and because of the lack of land, nowadays it is hard to get land. One of the ways to obtain it is by sale and purchase. To guarantee that a sale and purchase between a buyer and a seller is made, it needs a agreement which is called a sale and purchase agreement as an advance agreement even though it a sale and purchase agreement hasn’t been regulated in the regulation. A sale and purchase agreement is an agreement that grows in everyday practice in society that, until now is still used in a sale and purchase transaction, to ensure the rights and obligation between the seller and buyer, which the content of the agreement is agreed between the parties as long as it abides to the requirements conditions that are required for the validity of agreements.
SANKSI YANG DITERIMA OLEH PEJABAT PEMBUAT AKTE TANAH DALAM PEMBUATAN AKTA AUTENTIK YANG CACAT HUKUM (STUDI PUTUSAN: PN JAKSEL NO. 124/PDT.G/2017/PN.JKT.SEL) Andi Pratono; Tjempaka Tjempaka
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 (170.374 KB) | DOI: 10.24912/adigama.v2i2.6535

Abstract

Indonesia is the law of state or law state, as a law state country, Indonesia must have 3(three) important element such as legal certainty, justice, and expediency. Those main elements represent all the law state. In community, people everyday acts always relate to legal act, such as contract, buying or selling object that promised. To ensure those legal act have the ability perfect proof power, those legal act poured in the form of deed. In buying and selling land, a deed of sale and purchase must be made in front authorized official like land deed officer. However land deed officer as public official do make mistake on duty, with the result that party at a disadvantage. Party that loss because of mistake land deed officer, do ask for responsibility by suing the land deed officer to compensate the losses. Land deed officer in carrying out their duties must apply the precautionary principle so as to minimize any mistakes in making the deed. Author is using normative legal research methods, supported by a data which is theory and interviews some expert in land deed officer and Code of Ethics. The legal consequences to the land deed officer due the legal acts are against the law, which is a sanction will be given. The sanction will divided in three types such as sanction according to the Civil Law, Criminal Law and Code of Ethics or Government Regulation about land deed officer.
TANGGUNG JAWAB NOTARIS ATAS AKTA AUTENTIK YANG DIBUATNYA DENGAN SURAT KUASA YANG CACAT HUKUM SERTA TIDAK DIBACAKANNYA AKTA TERSEBUT (STUDI KASUS PUTUSAN NOMOR 25/PDT.G/2017/PN.CBI) Eric Sandro; Tjempaka Tjempaka
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.v2i2.6536

Abstract

At this time the need for Notary services is increasing, especially related to legal actions that are Private Law. Legal actions carried out by the parties concerned are usually set forth in an agreement made by the parties themselves and to be more binding on these legal actions the parties usually make an agreement in an authentic deed made by the competent official, the Notary. In exercising his office, a Notary shall also have the obligation to act in a trustworthy, honest, fair, independent, non-partisan manner and to safeguard the interests of the parties involved in a legal action. A Notary when carrying out his position is obligated to make certain that what is written in a notary deed is understood by the parties and the notary deed is written accordance to the parties’s desire. A Notary must always be responsible for any mistakes that was made by the Notary especially if the mistakes caused a material loss to its clients.
PENDIRIAN BUMDES DENGAN AKTA NOTARIS BERBADAN HUKUM PERKUMPULAN Steven Federik; Tjempaka Tjempaka
Era Hukum - Jurnal Ilmiah Ilmu Hukum Vol 19, No 1 (2021): Jurnal Era Hukum Volume 19 No.1 Tahun 2021
Publisher : Faculty of Law - Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/erahukum.v19i1.11150

Abstract

The deed of establishment of the Margakaya Bangkit BUMDes association has met the legality requirements as the deed specified in Article 1868 in conjunction with Article 1338 of the Criminal Code because it was made based on statutory provisions and the applicant's will, so that the implication has legal force and provides assurance and legal protection for the required account opening process the bank. However, it is a mistake to consider the establishment of BUMDes by making a notary deed, let alone an association deed, so based on Article 16 (1) letter a UUJN jo Article 16 Paragraph (11) the actions of the notary TN, SH, MH in carrying out their duties are not careful in understanding the provisions of the BUMDes legislation which should not have been written off because the Village Regulation is sufficient as a legal entity. In addition, notaries also violate Article 3 point 5 in conjunction with Article 6 of the Notary Code of Ethics. As a notary, he must have extensive knowledge including the problem of establishing BUMDes that do not need a notary deed. For violations of UUJN and the Code of Ethics, notary TN, SH, MH, can be subject to administrative sanctions with a written warning or a warning from the notary organization
Legal Status of Transmigration Land Which Has Been Auctioned By The State Assets Service Office and Auction Until The Certificate is Issued Sumeru, Fayuthika Alifia Kirana; Tjempaka Tjempaka
JURNAL USM LAW REVIEW Vol. 8 No. 1 (2025): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i1.11775

Abstract

This study aims to examine the legal status of land rights that can be owned by transmigration communities and the legal protection that can be taken by the community if they feel disadvantaged. The research method used is normative legal research using a statutory approach and a case approach. The government is holding a transmigration program for population equality throughout Indonesia, therefore, a transmigration area was formed as a residential area and a place of business for the community to improve the community's standard of living. Over time, the need for land has increased because community growth is not comparable to the available land, so it often causes disputes. One example of a land dispute that occurs is transmigration land owned by the community that has changed ownership to company land, where the transmigration land owned by the company was obtained by winning an auction. This study was conducted to determine the appropriate legal system in resolving transmigration land disputes whose land is used as an auction object, as well as to find out about the legal protection received by transmigration communities. The results of the study are that the legal status of transmigration land that is used as an auction object should still belong to the transmigration community because transmigration land cannot be transferred, while legal protection for transmigration communities should mean that the land is not used as an auction object by the local government because it still belongs to the transmigration community.
Co-Authors Andi Pratono Eric Sandro Oktaviah Oktaviah Steven Federik Sumeru, Fayuthika Alifia Kirana