Claim Missing Document
Check
Articles

Found 32 Documents
Search

KEABSAHAN PERJANJIAN JUAL BELI TANAH DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA (STUDI PUTUSAN NOMOR: 15/PDT.G/2020/PN KFM) Intan Thesalin Konay; Darius Mauritsius; Husni Kusuma Dinata
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.22726

Abstract

This study examines the validity of an oral land sale and purchase agreement in the Kefamenanu District Court Decision Number 15/Pdt. G/2020/PN Kfm. Normatively, the relationship between the Plaintiff and the late Yacob Maniagala has met the requirements for a valid agreement in accordance with Article 1320 of the Civil Code, which includes the consent of all parties, legal capacity, clear objects, and legitimate purposes. However, the panel of judges rejected the application on the grounds that: the purchase receipt was considered unilateral because it was only signed by the seller without involving authorized officials such as PPAT or Lurah; the transaction violated the provisions of Article 37 of Government Regulation Number 24 of 1997 which requires a Land Deed Official, deed for the transfer of land rights; and factual ownership for nine years is not considered valid evidence without a land title certificate. This decision shows a striking difference between civil law recognition of oral agreements and agrarian lawsuits related to administrative formalities. Even though the procedures have been met, there is still substantive injustice to buyers in good faith. Thus, this study encourages the need for reform in the land registration system to accommodate informal sales practices that often occur in society.
PERLINDUNGAN HUKUM TERHADAP KOPERASI SERBA USAHA PEREMPUAN BERKAT ATAS KERUGIAN AKIBAT KREDIT MACET: TINJAUAN DARI PERSPEKTIF HUKUM PERDATA Jaden Alexandro Lango; Darius Mauritsius; Rini Marselin Kaesmetan
Didaktik : Jurnal Ilmiah PGSD STKIP Subang Vol. 12 No. 3 (2026): Volume 12 No. 3, September 2026 Release
Publisher : STKIP Subang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36989/didaktik.v12i3.16938

Abstract

This study examines the legal protection afforded to Koperasi Serba Usaha (KSU) Perempuan Berkat against losses resulting from non-performing loans from a civil law perspective. The research employs an empirical legal method with a qualitative approach conducted at KSU Perempuan Berkat in Fatufeto Village, Alak District, Kupang City. Data were collected through interviews, documentation, and literature review involving cooperative administrators, members with non-performing loans, and representatives from the Cooperative Office. The findings indicate that non-performing loans are primarily caused by factors related to character, capacity, capital, and economic conditions of members, while collateral has generally been fulfilled as a loan security requirement. Legal protection for the cooperative is implemented through preventive measures, including the application of the 5C principle, supervision, member education, and collateral requirements, as well as repressive measures such as warning letters, loan renegotiation, and loan restructuring. However, the implementation of legal protection has not been optimal because the cooperative prioritizes a familial approach over formal legal actions. Therefore, strengthening prudential principles and consistent law enforcement is necessary to minimize losses arising from non-performing loans and ensure the sustainability of cooperative operations.