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All Journal Jurnal Mahasiswa Fakultas Hukum Jurnal Akta Journal of Legal and Cultural Analytics (JLCA) Law Doctoral Community Service Journal Journal of Political And Legal Sovereignty
I Nyoman Alit Puspadma
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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EXTENSION OF RIGHTS FOR BUILDING BY THE LIMITED LIABILITY REVIEWED FROM LEGAL CERTAINTY, JUSTICE AND TOWARDS SUSTAINABLE INVESTMENTS AND PEOPLE’S WELFARE I Nyoman Alit Puspadma
Kumpulan Jurnal Mahasiswa Fakultas Hukum Doktor Ilmu Hukum 2013
Publisher : Kumpulan Jurnal Mahasiswa Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.177 KB)

Abstract

ABSTRACTUUPA HGB regulates the extension of Article 35 paragraph (2), which containsfuzziness norm. The word "may" in norms in the article lead to different  interpretations, so contrary to the provisions of Article 5 of Law No. f letters. 12 in 2011, which ordered that in every formation a good rule, one of the requirements that must be met is "clear statement". Regarding the subject of HGB stipulated in Article 36 paragraph (1) UUPA, which is a. Citizens, and b. legal entities established under Indonesian law and domiciled in Indonesia. Legal entity used in this study is a limited liability company (PT). In that regard there are three problems examined, namely: How does extension HGB werearranged? How to interpret the provisions of Article 35 paragraph (2) if it is associated with UUPA kepastia principles of law, keadian, and continued investment towards social welfare, as well as the legal consequences for HGB PT when the extension is rejected? Theory is used to analyze the hierarchy theory Norma (stuffen theory), the theory of legal certainty, justice theory, and the theory of the Welfare State, while the research method used in accordance with the normative legal research is a method of approach to legislation (statute approach), approaches the concept (conceptual approach), and analytical approaches (analytic approach), with the source material in the form of the lawof primary legal materials, secondary and tertiary. Once analyzed, the conclusion is as follows: extension HGB above TN stipulated in Article 35 paragraph (2) UUPA conjunction with Article 26 paragraph (1) 1996 PP 40 in conjunction with Article 40 PMNA / KBPN 9, 1999, while the extension of HGB over HPL occurred after the approval of the shareholders of HPL stipulated in Article 35 paragraph (2) UUPA Article 26 paragraph (2) 1996 PP 40 in conjunction with Article 45 PMNA / KBPN 9, 1999. HGB on land ownership is set to be extended, but in accordance with Article 29 paragraph (2) PP 40 epidemic in 1996 may be updated. Interpret the provisions of Article 35 paragraph (2) UUPA should always be associated with Article 2 (3) and Article 3 of the Capital Market Law UUPA. In terms of HGB  expires, the land is returned to the States when coming from TN or holder if 2 the land comes from HPL HPL, and PT was no longer able to use the land as a place of business (investing). If PT does not get land to run his business (investment), then there will be other legal consequences, namely: PT dissolution, and laid off employees, which will lead to other consequences, such as economic and social consequence.Key Words : Extension Of Rights For Building, Company Limited Liability, Legal Certainty, Sustainable Investments, People's Welfare
Inheritance Rights of Children of Extramarital in the Perspective of Balinese Customary Law After Constitutional Court Decision Number 46/PUU-VIII/2010 MAHARANI, Trisna Sandya; SUJANA, I Nyoman; PUSPADMA, I Nyoman Alit
Journal of Political And Legal Sovereignty Vol. 1 No. 1 (2023): Journal of Political And Legal Sovereignty (January – March 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i1.63

Abstract

Purpose:This Article analyzes the inheritance rights of children of extramarital in the perspective of Balinese Customary Law after Constitutional Court Decision Number 46/PUU-VIII/2010. This study is focused on the children born with extramarital inheritance as regulated under the customary law in Bali after the issuance of the Constitutional Court Decision regarding children of extramarital.Methodology:This research is conducted with normative legal methods by applying the statutory, conceptual, and case approaches. The theory of justice and legal certainty is applied as the tools for analyzing legal issues as the focus of the study.Findings:After the analysis, it can be understood that the inheritance rights of children born extramarital under customary law in Bali are still marginalized because for them to obtain the position of being an heir, the Balinese customary law and community still consider legal marriage as determining point whether a person can become an heir or not.Implication: Even though the Supreme Court Decision determines that the biological father has a civil relationship with a child born extramarital, providing that it can be proven by science or technology and or for other evidence under the applicable laws and regulations or other supporting evidence legally, but if the ratification is not carried out for husband and wife relationship through a religious ceremony as referred to in Article 2 Paragraph (1) of the Marriage Law, then a child born of extramarital still has no relationship in terms of inheritance to his father's kinship lineage or patrilineal kinship lineage. Children born of extramarital have an inheritance relationship with their mother or their mother's family.
Analysis of Sale and Purchase Deed Made before Land Deed Making Officials in Gianyar Regency Ni Putu Tryana Tresna Dewi; Ni Made Jaya Senastri; I Nyoman Alit Puspadma
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.12995

Abstract

In order to comply with the principle of freedom of contract, this study examines the content of sale and purchase deeds made before Land Deed Making Officials in Gianyar Regency as well as their form in relation to Article 1868 of the Civil Code. According to this study's findings, the sale and purchase agreement executed in front of Gianyar Regency's Land Deed Making Officer, in accordance with Article 1868 of the Civil Code, is a legitimate document. Although the form and content of the act are regulated by this Ministerial Regulation, its annexes may restrict flexibility and run the danger of breaching the law if the parties' agreement is not accommodated.
Legal Protection and Legal Certainty in Indonesia’s Land Title Registration System Agung, Anak Agung Istri; Sukandia, I Nyoman; Puspadma, I Nyoman Alit; Chornous, Yuliia
JURNAL AKTA Vol 9, No 4 (2022): December 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i4.35387

Abstract

This research aims to scrutinize challenges in Indonesia’s land title registration system, focusing on legal protection and certainty for land title holders, particularly when titles are acquired through binding agreements. Emphasis is placed on publicity principle, exploring its role in ensuring transparent access to information about land titles. The normative legal research method, employing a normative juridical approach, involves a thorough examination of legal materials, including theories, concepts, and legislation such as Regulation Number 16 of 2021, Government Regulation Number 24 of 1997, and Government Regulation of the Republic of Indonesia Number 18 of 2021. Results highlight a significant gap between land title deeds based on agreements and the necessity for proper registration to guarantee legal protection. Failure to register undermines the “opernbaarheid” principle, turning agreements into private arrangements. Addressing this gap is crucial for establishing a transparent land title registration system, ensuring uniform legal protection for all holders, and reducing potential disputes. The implications of this research extend to policymakers, legal practitioners, and stakeholders, offering insights to enhance the transparency and effectiveness of Indonesia’s land administration. Policymakers can leverage these findings to refine regulations, aligning the system with principles of openness and accessibility, fostering a fair land tenure system, and supporting sustainable development.
Registration of Transfer of Joint Ownership of Land Rights After Divorce I Nyoman Alit Puspadma
Law Doctoral Community Service Journal Vol. 2 No. 2 (2023): Law Doctoral Community Service Journal
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55637/ldcsj.2.2.7641.111-117

Abstract

The maintenance of land registration data has been regulated in statutory regulations, among others regulating the transfer of land rights that occur by law in the form of inheritance. Of all the HAT transfer registrations, there is no regulation regarding the registration of the land rights transfer jointly owned by the divorced husband and wife. A husband and wife bought a plot of land and registered it in the husband's name, then they divorced and agreed that the land would become part of the wife. The question arises what are the effects of divorce on assets and how is the procedure for registering the transfer ofland rights between husband and wife who are divorced from land rights belonging to them together? Thus, this study aims to discuss the effects of divorce on assets and to find out how to register the transfer of land rights between husband and wife who are divorced. This type of normative legal research, with primary, secondary and tertiary legal materials, uses statutory and case approaches. Legal material is analyzed by legal analogy construction with deductive thinking method. The results obtained show that first the wife's name is recorded in the certificate, then an APHB is made by the Land Deed Officials and registered at the Land Office so that the certificate is written in the name of the wife.
Co-Authors Anak Agung Istri Agung Chornous, Yuliia I Made Aditya Mantara Putra I Made Agus Surya Adi Putra I Nyoman Putu Budiartha I Nyoman Sukandia Ida Ayu Dinda Maharani Johannes Ibrahim Kosasih Korneawan, I Gede Edy Luh Made Mahendrawati MAHARANI, Trisna Sandya Ni Gusti Ketut Sri Astiti Ni Made Jaya Senastri Ni Putu Tryana Tresna Dewi R.A. Nanik Priatini Sujana, I Nyoman