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Akibat Hukum Terhadap Pembatalan Akta Perjanjian Pengikatan Jual Beli (PPJB) Tanah di Kota Makassar (Studi Kasus Kantor Notaris Kota Makassar) Sumarna, M. Ibnu
Maleo Law Journal Vol. 6 No. 1 (2022): April 2022
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/mlj.v6i1.2360

The sale and purchase binding agreement may be canceled unilaterally by one party or upon the agreement of both parties, but the cancellation of an authentically made deed of agreement will certainly bring certain juridical consequences. This study aims to examine and analyze the legal consequences of the cancellation of the Land Purchase Agreement (PPJB) in Makassar and the factors that influence the cancellation of the land sale and purchase agreement deed in the city of Makassar. This type of research is Empirical Law research. The data used are primary data, namely data directly obtained from field research (interviews) and questionnaires (questionnaires) and secondary data obtained through scientific journals, scientific articles with the aim of completing primary data. Then it was analyzed qualitatively using the theory of legal certainty as an analyst knife and presented descriptively. The results of the study indicate that: The legal consequences of canceling the binding agreement on the sale and purchase of land are fines in the form of refunds by the seller to the buyer, because the seller does not fulfill his pre-determined obligations. Factors that affect the cancellation of the sale and purchase binding deed are the obligation to pay the seller's and buyer's taxes, and the mutually agreed sale and purchase price cannot be repaid until the agreed time period.

Land disputes on legal certainty in South Sulawesi South Sulawesi in 2023 Abdil rahman zaenal; M.Ibnu Sumarna
Golden Ratio of Data in Summary Vol. 4 No. 2 (2024): May - October
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v4i2.531

Objective To begin with, the plaintiff is questioned about the contents of his claim. The judge can make a decision with the help of local examination. When it comes to the construction of evidence in civil cases, the duties and responsibilities of local examination of the object of land dispute is an issue that arises. shows that local examination based on Article 153 HIR, Article 180 R. Bg or Article 211 Rv as well as SEMA No. 7 of 2001 does not reflect legal certainty because it does not regulate the mechanism of local examination in the field thoroughly, which leads to many interpretations. In addition, it is still ambiguous whether local examination is a means of evidence whose value is left to the judge or whether local examination is only an examination tool or method of obtaining evidence. Research Results and Discussion Local inspection results are a valid source of evidence in civil cases, local examinations have the following legal consequences: (1) court costs if the judge requests a local examination; and (2) the evidentiary power of the local examination. Both of these are legal consequences that need to be clarified in future regulations. elements that need to be clarified in future regulations. Conclusion In civil cases, all cases relating to immovable property are required to ensure legal certainty in the future regulation of local inspection of land. to create legal certainty regarding local inspection, the diversity of this regulation is very important. In order to create legal certainty regarding local examination, diversity of regulation is essential. Regulations regarding local examination should be established at the level of a law so that they have strong legal force against all parties involved in the case, including judges, clerks, and all other parties.

Government Effectiveness Towards Community Organizers From The View of Governance Akram, Khairil; Sumarna, M. Ibnu; Zulfikar, Muh. Reza
Golden Ratio of Data in Summary Vol. 5 No. 2 (2025): February - April
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i2.860

This study was conducted due to the demands of the community for fast, precise, and efficient implementation of public services. The government innovates by implementing an e-government system, or electronic-based public services. This research uses a qualitative approach and concentrates on the effectiveness of state administrative law on online public services. This research shows that the effects of the e-government program are close to efficient, as shown by the number of people who have been able to use e-government services. However, not all Indonesians can use these services, as shown by the large number of people in areas where people are still poor and technology illiterate, and there are still many areas that do not have e-government services.

Land disputes on legal certainty in South Sulawesi South Sulawesi in 2023 zaenal, Abdil rahman; Sumarna, M.Ibnu
Golden Ratio of Data in Summary Vol. 4 No. 2 (2024): May - October
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v4i2.531

Objective To begin with, the plaintiff is questioned about the contents of his claim. The judge can make a decision with the help of local examination. When it comes to the construction of evidence in civil cases, the duties and responsibilities of local examination of the object of land dispute is an issue that arises. shows that local examination based on Article 153 HIR, Article 180 R. Bg or Article 211 Rv as well as SEMA No. 7 of 2001 does not reflect legal certainty because it does not regulate the mechanism of local examination in the field thoroughly, which leads to many interpretations. In addition, it is still ambiguous whether local examination is a means of evidence whose value is left to the judge or whether local examination is only an examination tool or method of obtaining evidence. Research Results and Discussion Local inspection results are a valid source of evidence in civil cases, local examinations have the following legal consequences: (1) court costs if the judge requests a local examination; and (2) the evidentiary power of the local examination. Both of these are legal consequences that need to be clarified in future regulations. elements that need to be clarified in future regulations. Conclusion In civil cases, all cases relating to immovable property are required to ensure legal certainty in the future regulation of local inspection of land. to create legal certainty regarding local inspection, the diversity of this regulation is very important. In order to create legal certainty regarding local examination, diversity of regulation is essential. Regulations regarding local examination should be established at the level of a law so that they have strong legal force against all parties involved in the case, including judges, clerks, and all other parties.

PELAKSANAAN PENDAFTARAN TANAH SEBAGAI UPAYA KEPASTIAN HUKUM HAK ATAS TANAH DI INDONESIA Sumarna, Muh Ibnu
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 10, No 2 (2025)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v10i2.9116

Pendaftaran tanah merupakan salah satu instrumen utama dalam mewujudkan kepastian hukum atas hak-hak atas tanah di Indonesia. Melalui pendaftaran tanah, negara menjamin pengakuan hukum terhadap hak milik, hak guna usaha, hak guna bangunan, dan hak pakai. Penelitian ini bertujuan untuk menganalisis pelaksanaan pendaftaran tanah berdasarkan ketentuan hukum positif Indonesia serta kendala yang dihadapi dalam praktik. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa pelaksanaan pendaftaran tanah berdasarkan Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA) dan Peraturan Pemerintah Nomor 24 Tahun 1997 telah berperan penting dalam menjamin kepastian hukum dan perlindungan hak-hak masyarakat. Namun, masih terdapat kendala berupa rendahnya kesadaran masyarakat, tumpang tindih sertifikat, dan lemahnya sistem informasi pertanahan. Diperlukan modernisasi administrasi pertanahan berbasis digital untuk meningkatkan efisiensi dan transparansi.

Dampak Berkendara di Bawah Umur terhadap Kejadian Kecelakaan Lalu Lintas pada Remaja di Indonesia Sutrisno Syarifuddin; Mustakim Mahmud; M. Ibnu Sumarna; Muhammad Iqbal; Muh. Reza Zulfikar
LEGALITAS : Jurnal Ilmiah Ilmu Hukum Vol 11, No 1 (2026)
Publisher : Universitas 17 Agustus 1945 Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31293/lg.v11i1.9419

Traffic accidents (laka lantas) are a major safety issue in Indonesia, particularly those involving teenagers and minors as motorcyclists. This study aims to analyze the impact of driving without a driver's license (SIM) for those under 17 years of age on accident rates, casualties, and legal and social aspects. The methods used were literature study and secondary data analysis from the Indonesian National Police (Polri), Korlantas (Traffic Corps), and other official sources. The results show that in the first semester of 2025 alone, there were 133,811 child and adolescent drivers under 17 years of age involved in traffic accidents. The main factors include human error (high speed, not wearing a helmet, showing off skills), lack of parental supervision, and low risk awareness. The impacts include fatalities, serious/minor injuries, material losses, psychological trauma, and legal burdens for perpetrators and their families. This study recommends strengthening early road safety education, strict law enforcement, and the active role of parents and schools. Conclusion: Underage driving is not only a violation of Law No. 22 of 2009, but also has the potential to damage the future of the younger generation.

Comparative Analysis of the Use of Customary Law in Land Dispute Resolution: Case Study Approach Loso Judijanto; Andrew Shandy Utama; Abdul Sahib; M. Ibnu Sumarna; Muh. Reza Zulfikar
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.796

Background. Background Customary law is a legal system that has existed since ancient times in many communities in Indonesia. However, with modernization and globalization, the use of customary law in land dispute resolution is often overlooked or defeated by positive law. Therefore, it is important to conduct a comparative analysis of the use of customary law in land dispute resolution to understand its relevance in the context of modern law. Purpose. The purpose of this study is to investigate the comparative use of customary law and positive law in land dispute resolution. The specific objective is to evaluate the effectiveness, fairness and sustainability of each approach in resolving land conflicts. Method. The research method used is a case study approach. Case studies were conducted on several cases of land dispute resolution in various regions in Indonesia involving the use of customary law and positive law. Results. The results show that the use of customary law in land dispute resolution often provides solutions that are more in line with local needs and traditional values of the community. However, positive law also has an important role in providing legal certainty and protection of individual rights. Conclusion. Based on the results of the comparative analysis, it is concluded that both approaches have their own advantages and disadvantages. Therefore, the integration between customary law and positive law can be a more optimal solution in resolving land disputes in Indonesia, by taking into account the local context and individual rights in a balanced manner.

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