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All Journal LEGAL BRIEF
Fransiscus Xaverius Arsin
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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Fulfillment of Protection Aspects of Buyers with Good Intention for The Dispute of Sale and Purchase of Girik Land where Revocation of Certificate of No Dispute on Land: Study of Supreme Court Decision Number 470K/PDT/2020 Syahira Ridma Adani; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

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Abstract

In an agreement, good faith plays an important role, because with the good faith shown by the parties in making an agreement, the parties will feel protected. Legal protection for land buyers who have good intentions means that legal protection arises when the buyers themselves transact in good faith. As proof of land ownership, girik cannot be separated from the object of study by a good-intentioned buyer who can also be a party to the sale and purchase transaction of girik land. Buyers and sellers need to pay attention to various conditions for transferring land rights to girik land objects. This also includes paying attention to the conditions both required by the parties themselves as treaty makers and by the state through positive agrarian law regulations applicable at the time of signing the agreement. The analysis in question is presented in this study in order to get a general idea regarding the fulfillment of the protection aspects of buyers who have good intentions for disputes over the sale and purchase of girik land where the certificate of no land dispute has been retracted. This analysis will also use Supreme Court Decision Number 470 K/Pdt/2020 as a case study.
The Use of Electronic Signatures and Seals in Notarial Deeds According to the Principle of Tablelionis Officium Fideliter Exercebo Nisrina Anrika Nirmalapurie; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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The notary as the official authorized to make authentic deeds in carrying out his duties must work traditionally due to the principle of Tabellionis Officium Fideliter Exercebo. Technological developments and the needs of the community make making agreements today easier and more concise, namely by using electronic signatures and seals in an agreement. The question that arises from this background is whether the use of electronic signatures and seals is under the principle adopted by a notary, namely the Tabellionis Officium Fideliter Exercebo principle. The result of this research is that the use of electronic signatures cannot be applied because the legislation does not allow certified digital signature on notarial deeds so the use of digital signatures on notarial deeds is not following the principle of the Tablelionis Officium Fideliter Exercebo, while the use of electronic seals can be carried out and does not conflict with this principle because apart from the stamp duty, it is not a requirement for the validity of a deed, the use of an electronic seal in a notarial deed is also possible under the Stamp Duty Act.
BPJS Membership as The Terms for The Transfer of Land Rights Registration Due to Sale and Purchase by a Limited Company Choirunnisa Aprilita Andan; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 3 (2022): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

Land rights can be granted to individual legal subjects (natuurlijk person) and legal entities (Recht person). BPJS membership as a term for the transfer of land rights registration due to sale and purchase made by Limited Company after the issuance of Presidential Instruction (Inpres) Number 1 of 2020 about the Optimization of Jaminan Kesehatan Nasional (known as JKN, the national health insurance) Implementation. The focus of this research is the implementation of the BPJS membership requirement for transfer of land rights registration due to sale and purchase that is applied for Limited Company. The method used in this research is juridical normative and literature reviews on relevant legal literature. The result of this research shows that BPJS membership is also applied as the terms for Limited Company as the purchaser. The required BPJS membership attached is owned by the member of the Limited Company who is appointed as the representative of the Limited Company.
Study of Marriage Processions with Unequal Beliefs in The Perspective of Marriage Law in Indonesia Nasution Dwi Shafira Chairunnisa; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to further examine the rules governing interfaith marriages in Indonesia in terms of legal studies. The research method used is a normative approach using analysis of the study of legal material sources. The results of the study indicate that the rules contained in Law Number 16 of 2019 contain three binding articles, namely in article 1 which states that marriage must be based on the first principle of Pancasila, the second principle regulates the validity of marriage based on religious rules that and the third precept contains orders to carry out monogamous marriages. The existing rules are not prohibitive but are commanding and those who can determine whether a marriage is legal or not are from the respective religions. The background that underlies this research is the number of cases of interfaith marriages that occur in Indonesia so that it becomes a controversy in Indonesia.
The Division Of Gono-Gini's Property from The Credit Agreement with The Deed Under The Hand Between The Husband and Wife and The Outstanding Creditor Is Associated with The Banking Law and The Notary Office Law Fathalya Laksana; Fransiscus Xaverius Arsin
LEGAL BRIEF Vol. 11 No. 4 (2022): October: Law Science and Field
Publisher : IHSA Institute

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Abstract

The Banking Law does not explain the regulation regarding the form of credit agreement in the banking world, it must be made in the form of an underhand agreement or must use an authentic deed made before a notary. Meanwhile, the Notary Position Act only regulates private agreements and the authority of a notary in making authentic deeds, but does not specifically regulate credit agreements made in the form of notarial or private deeds. The purpose of this study is to analyze how the validity of private credit agreements is seen from the Banking Act and UUJN as well as arrangements for the distribution of gono-gini assets for couples who have divorced from the results of private credit agreements between husband and wife and creditors who have not been paid off. To answer the main problems in this study, the author uses a juridical - normative research method and is sourced from secondary data, with an emphasis on the use of library materials as a source of research. Based on the results of the author's research, the credit agreement under the hand can be said to be valid if the credit agreement is recognized by the customer. Because the legal force of an underhand credit agreement depends on the recognition of the parties, the party whose name and signature are included in the underhand deed. In addition, the distribution of gono-gini assets must be based on the principle of justice, which is to be divided equally between both parties.
Co-Authors Choirunnisa Aprilita Andan Fathalya Laksana Nasution Dwi Shafira Chairunnisa Nisrina Anrika Nirmalapurie Syahira Ridma Adani