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<![CDATA[KONSINYASI PENGADAAN TANAH AKIBAT TUMPANG TINDIH KEPEMILIKAN TANAH MILIK SAMPOERNA AGRO ]]>
<![CDATA[Annisa Putri Kusumawardani]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13406
<![CDATA[The Pematang Panggang-Kayu Agug II toll road building project involved land acquisition. PT Sampoerna Agro Tbk is the owner of the impacted property. Other parties make claims during the compensation procedure, turning the land become the subject of a legal dispute. The problem is how compensation is assigned in court for the acquisition of land owned by PT Sampoerna Agro Tbk. Additionally, how does the judge view the concurrent issue involving PT Sampoerna Agro Tbk's land use rights that resulted in a consignment? The research is normative legal research, descriptive in character and is obtained from secondary data and primary data and for drawing conclusions will use deductive logic. The conclusion is the procurement of land for the Pematang Panggang-Kayu Agung II toll road on land owned by PT Sampoerna Agro Tbk has complied with the applicable regulations, but the consignment made is slightly different from the applicable regulations and there are principles of land acquisition and application of social functions in Article 6 of the UUPA which have been violated. The judge's consideration in the decision has won PT Sampoerna Agro Tbk in the right of ownership over land for oil palm plantations.]]>
<![CDATA[KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI ]]>
<![CDATA[Sarah Jasmine Syafitri]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13423
<![CDATA[In reality, there are still lots of barriers to the execution's implementation, necessitating judicial resolution. The issue at hand in this investigation is whether the execution carried out by creditors complies with the law and how the judge regarded the execution of mortgage rights over land in Decision Number 13/Pdt.Plw/2016/PN Bukit Tinggi. Research of this kind is normative and descriptive in the legal field. The information used in this study comes from primary data sources, and secondary data, the data collection of which was obtained through a literature study. The analytical method is done with a qualitative approach and conclusions are drawn using deductive logic. In conclusion, the creditor has carried out the execution of the Mortgage in accordance with the Mortgage Law based on Article 6 of the Mortgage Law, namely through a public auction whose implementation procedures are in accordance with the auction procedure. The legal provisions used by the Panel of Judges in their considerations were not in accordance with the provisions that should have been.]]>
<![CDATA[PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR ]]>
<![CDATA[Saskia Aulia Putri]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i1.13429
<![CDATA[Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.]]>
<![CDATA[ANALISIS GRONDKAART MILIK PT. KAI (PERSERO) SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH ]]>
<![CDATA[Virgia Intansari]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i2.13606
<![CDATA[In the Kebon Kelapa Village, in Central Jakarta, there has been a Dispute of Overlapping Land Rights in which a Certificate of Building Use Rights has been issued on the same plot of land over the state asset land whose control has been granted to PT KAI (Persero) which is still in the form of a Grondkaart or land map. Grondkaart is proof of the inheritance of the Dutch East Indies railway assets which were inherited by PT KAI (Persero). This situation prompted the author to find out the status of the land owned by PT KAI (persero) before the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles and the considerations of the Bandung High Court Judge Number 209/PDT/2019/PT.BDG regarding the legal power of grondkaart PT KAI (persero) as proof of ownership land according to the Agrarian Law. This article uses normative and secondary data, conclusions were drawn using deductive logic methods. The conclusion from the Juridical Analysis is that the status of Grondkaart before the issuance of the UUPA was State Land, and with the publication of the UUPA, Grondkaart should have been converted into a Right to Use by carrying out the Land Registration procedure.]]>
<![CDATA[ANALISIS YURIDIS PEMBERIAN PENGGANTIAN RUGI PENYEDIAAN LAHAN PEMBANGUNAN SALURAN UDARA TEGANGAN TINGGI ]]>
<![CDATA[Made Bhisma Abidharma Merada]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14112
<![CDATA[It is frequently difficult to provide land within the framework of the public interest. The issue is: is the supply of compensation in the case of Decree Number 3/Pdt.G/2021/PN Sag complies with Law No. 2 of 2012? and how is Land Provided for Building SUTT in Sanggau Regency, West Kalimantan Province? The research is normative, with a description of secondary data and using qualitative analysis and logical reasoning. Research findings, analysis, and conclusions West Kalimantan Province's Sanggau Regency provides land for the construction of SUTT by performing an inventory and Identification of those in possession of, using, and controlling the land; Compensation assessment; Determination of discussions regarding Loss Compensation; Provision of compensation in accordance with the terms outlined in Article 27 (2) of Law No. 2 of 2012, as well as the provision of compensation based on the findings of the land appraisal team and discussions with the land owners who will receive compensation in Sanggau Regency, West Kalimantan Province, in accordance with Articles 34 and 37 (1) of Law No. 2 of 2012 and Article 63 of the President of the Republic of Indonesia's Regulation.]]>
<![CDATA[ANALISIS KEABSAHAN JUAL BELI TANAH BERDASARKAN KWITANSI DI KOTA DEPOK ]]>
<![CDATA[Raden Devina Maulina]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Trisakti ]]>
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DOI: 10.25105/refor.v4i4.14119
<![CDATA[According to customary law, purchasing and selling land is an act of transferring rights that are monetary, tangible, and clear in character. The sale and purchase of land by Agus Ariyanto and Sunaryo was not made a deed before the PPAT; rather, it was only proved by a receipt and a statement of sale and purchase in the case of District Court Decision No. 87/Pdt.G/2018/PN.Dpk. However, there are still purchasing and selling practices in people's lives that do not fulfill the clear nature. creation of the issue; Are legal considerations and the judge's ruling in case number 87/Pdt.G/2018/PN.Dpk about purchasing and selling real estate using just receipt evidence in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The research method is descriptive normative legal research. The data used are secondary data with primary data and analyzed qualitatively and drawing conclusions with deductive logic. Research results, discussion and conclusions; the sale and purchase of land carried out by Agus Ariyanto (Buyer) and Sunaryo (Seller) can be said to be valid according to the provisions of the Civil Code and fulfills material requirements. 37 of 1998 concerning Regulations for the Position of Officials Making Land Deeds.]]>
<![CDATA[PEMBERIAN GANTI KERUGIAN DALAM PENGADAAN TANAH DI BAWAH 5 (LIMA) HEKTAR DI KOTA BEKASI (STUDI KASUS PROYEK PEMBANGUNAN INSTALASI PENGELOLAAN AIR (IPA)): Granting of Compensation in Land Procurement under 5 (Five) Hectars in Bekasi City (Case Study of Water Management Instalation Development Project) ]]>
<![CDATA[Sari, Fary Fitriana Gita]]>;
<![CDATA[Sihombing, Irene Eka]]>
<![CDATA[ AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/amicus.v1i2.19741
<![CDATA[The purpose of this study is to describe the provision of compensation in land acquisition under 5 (five) hectares in Bekasi City and in this case makes the author conduct further research with the formulation of the problem whether the process of providing compensation in land acquisition under 5 (five) ) hectares in Bekasi City (Case Study of the Water Management Installation Project Development Project is in accordance with Law Number 2 of 2012 and how to provide compensation in the procurement of land under 5 (five) hectares in Bekasi City (Case Study of the Installation Construction Project Water Management in terms of the position of the community with ownership status of Freehold Land and State Land.The research conducted is normative legal research, with the nature of descriptive research, the type of data used is secondary data.The research is conducted qualitatively by drawing deductive logical conclusions. The results of the research are that the process of providing compensation to the project is in accordance with Law Number 2 of 2012, but in the process of providing compensation there are obstacles at the deliberation stage where the community objects to the results of the compensation assessment and also to the people who use the land and constructing buildings on state land The author's conclusion regarding the obstacles that have occurred have been resolved by the land procurement committee.]]>
<![CDATA[PENITIPAN GANTI RUGI DALAM PENGADAAN TANAH JALAN TOL SERPONG-BALARAJA (STUDI PUTUSAN NOMOR 422/PDT.BTH/2021/PN TNG) : Custody of Compensation in Land Procurement for the Serpong-Balaraja Toll Road (Study of Verdict Number 422/PDT.BTH/2020/PN Tng) ]]>
<![CDATA[Fadilla Ramdani]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 6 No 3 (2024): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v6i3.20168
<![CDATA[The construction of the Serpong-Balaraja toll road faced issues with the amount of compensation not matching the determined results, leading to Custody of Compensation in the District Court. This article addresses two main problems: (1) Whether the Custody of Indemnity Procedure by the Ministry of Public Works and Public Housing (PUPR) and the Director aligns with the law, and (2) How the judge ruled in the Maryati case regarding the Custody of Indemnity by the Ministry of PUPR. This descriptive normative research uses literature studies for data collection, analyzed qualitatively, with conclusions drawn using the deductive method. It was found that the Ministry of PUPR and the Director General of Bina followed the consignment process correctly according to the laws, yet under Presidential Regulation Number 71 of 2012, if the eligible party rejects the compensation amount set by a final court decision, the consignment process fails to reach an agreement. Thus, the conclusion is that the Indemnity Deposit Procedure by the Ministry of PUPR in acquiring land for the Serpong-Balaraja toll road project did not comply with the applicable laws and regulations.]]>
<![CDATA[GANTI KERUGIAN PENGADAAN TANAH LRT JABODEBEK TERHADAP BANGUNAN PENGGARAP DI ATAS TANAH BUMN: Compensation For LRT Jabodebek Land Acquisition For Cultivator Buildings on BUMN-Owned Asset Land ]]>
<![CDATA[Medianti, Innayah Rahmatunisa]]>;
<![CDATA[Sihombing, Irene Eka]]>
<![CDATA[ AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/mbbkxf42
<![CDATA[Land acquisition for the construction of the Jabodebek LRT Phase I needs to be considered about proper and fair compensation for those who are entitled. The main issues discussed are the mechanism for providing compensation to buildings on BUMN land assets affected by the Jabodebek LRT Phase I construction and how to resolve compensation for cultivator buildings whose ownership is still disputed over BUMN asset land. Regarding the compensation mechanism for land acquisition, it is regulated in Article 28-41 of Law No. 2 of 2012. In addition, the cultivator's building covering an area of 29 m2 could not be given directly because there was no agreement on the resolution of the ownership dispute. In conclusion, compensation was deposited at the local district court in accordance with Article 42 paragraph (2) letter b and settlement of compensation for the disputed cultivator's building with Decision Number 45/Pdt.G/2021/PN.Ckr. It should be given directly if there is a prior agreement to resolve the ownership dispute and the cultivator provides detailed proof of building ownership]]>
<![CDATA[TINJAUAN YURIDIS STATUS TANAH DALAM PEMBAHARUAN HAK GUNA BANGUNAN: Jurdicial Review Of Land Status In Building Use Right Renewal ]]>
<![CDATA[Fadhila Rizqia Fananny]]>;
<![CDATA[Irene Eka Sihombing]]>
<![CDATA[ Reformasi Hukum Trisakti Vol 7 No 3 (2025): Reformasi Hukum Trisakti ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Trisakti ]]>
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DOI: 10.25105/refor.v7i3.23136
<![CDATA[Land disputes are still one of the main problems in Indonesia that often arise, one of which concerns Building Rights Title, which is a form of land rights regulated in Article 35 of Law Number 5 of 1960 concerning Basic Agrarian Principles. This research discusses legal issues related to the renewal of PT Indobuildco's Building Rights Title (HGB) on Sultan Hotel land, which was rejected by the government even though the applicant had fulfilled administrative requirements. The research analyze the legal status of the disputed land and the implications of the rejection of the HGB renewal on legal certainty. The method used is normative juridical with secondary data analysis in form of laws and regulations, legal theories, and supporting documents. The results show that the refusal to renew the HGB has an impact on the uncertainty of land status, which hinders the implementation of legal obligations by private subjects. This refusal decision must fulfill the good governance principles, such as transparency and accountability. The conclusion of this research is that the case of PT Indobuildco's HGB renewal on Sultan Hotel land reflects the lack of legal certainty in the management of state land, especially related to HGB and HPL disputes. ]]>
