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ANALISIS TERHADAP TANDA BUKTI HAK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TERKAIT PENGGUNAAN GIRIK NOMOR 87 PERSIL 157 KELURAHAN CENGKARENG BARAT (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 2459K/PDT/2014) Stella .; Hasni .
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 | Full PDF (348.172 KB) | DOI: 10.24912/adigama.v1i1.2184

Abstract

Since of Agrarian Law in Indonesia, western right land and communal right land have been converted into land right according to Agrarian Law so the state is obliged to provide legal assurance through land registration, with the end product is certificate as a proof of title. Proof is an important part of law society as it is the legal standing of land ownership. A strong proof of title is defined in the Agrarian Law and Government Regulation as the implementing regulation, however Indonesian society especially low-economy society still the old proof of title. The main issue is how Customary Title Status relates to the proof of land right in the national land law and judge of Supreme Court made in consideration in resolving civil dispute number 2459K/Pdt/2014 on use of customary land title no.87 land parcel 157 West Cengkareng urban village. Based on the research outcome, that the existence of customary land title is still recognized to this date only as one of the requirements in the land registration process to prove the old title and conversion of communal land so that decision of Supreme Court is correctly made that customary land title is not a form of land ownership since there is no agency except National Land Agency can issue proof of title that is certificate. As of the result of this, certificate is a strong proof of land title. So should, there is an importance common understanding of customary land title from fiscal cadaster rather than legal cadaster.
ANALISIS TERHADAP SENGKETA TANAH TERKAIT PENERBITAN SERTIPIKAT HAK GUNA BANGUNAN NOMOR 2849 (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 496/K/TUN/2017) Evani Sugiharto; Hasni .
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 | Full PDF (347.541 KB) | DOI: 10.24912/adigama.v1i1.2153

Abstract

Agrarian Law is overall legal provisions, both written and unwritten, which all of that have the same set of objectsthat is as legal institutions and as a concrete legal relationship, public and private aspect, which can be arranged and studied systematically. In agrarian section, in order to deal with concrete case, granting of legal security can’t be realized only with the availability of legal instruments. Land registration is required which will result certificate as a strong sign of land title. Lack of awareness in the importance of land registration activities and uncertainty over the grounds of the rights to the land owned.the problem in thiswritting ishow the implementation of Building Rights Title provition number 2849 according to the data from plaintiff and defendant over ground subject are already in accordance with legal provisions? The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed qualitatively. The result is Head of South Jakarta Land Officer who issued a Decree on Granting of Land Rights on December 5, 2013 number 991 not in accordance with the procedure in article 26 section 1 and article 28 section 1,3 Government Ordinance number 24/1997 because it has been issued 7 days prior to the end of the announcement period, so there are procedural defect in the Building Rights Title number 2849/Cilandak Barat.
KEKUATAN PEMBUKTIAN AKTA NOTARIAL DALAM PENYELESAIAN PERKARA JUAL BELI TANAH (STUDI PUTUSAN NO. 124 PK/PDT/2015) Edmond Putra; Hasni .
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.v1i1.2144

Abstract

Agrarian law in the broad sense is the entire rules of law both written and unwritten governing the earth, water and within certain limits also space and natural wealth contained therein.as well as in a process of buying and selling land, the parties will certainly first make an agreement between the parties before the buying and selling of land. in this case the binding sale and purchase agreement, which serves as a proof tool at the time of the litigants in court. but in this case despite the existence of such strong and perfect evidence, the judge does not decide the case carefully and fairly, the reason is that one of the parties in this case feels aggrieved by the verdict granted by the judge, for what has been written in binding agreements of sale and purchase and addendum are not used as a basis by the judge in deciding the case. then it is with the writing of this journal, it is expected that this journal can be the aspirations and opinions in examining a civil case, so it is for the future if there is a similar case can be used as a reference for the enforcer the law to be more careful and study the case being handled it, the purpose is to avoid the occurrence of judges who are less aware of the knowledge of the case being handled, so that it affects the quality of decisions made by it.