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All Journal YUSTISI Yustisi: Jurnal Hukum dan Hukum Islam JURMA YUSTISI Jurnal Pengabdian Nusantara
Budy Bhudiman
Universitas Ibn Khaldun Bogor
Religion Agriculture, Biological Sciences & Forestry Education Law, Crime, Criminology & Criminal Justice Public Health Other

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Journal : JURMA YUSTISI

 1 
The Effectiveness Of Electronic Registration Of Mortgage Rights Electronically At The Land Office Bogor City Riswanti, Gita; Bhudiman, Budy; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 1 No. 1 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i1.227

Abstract

The development of the current era of globalisation includes the field of technology, especially in the registration of Mortgage Rights, which used to be done manually and took a lot of time to register. Along with the development of technology and the application of e-Government applications, everything can be done electronically or online, and make registration easier and save a lot of time. One of these services is the electronic mortgage service (HT-el). However, the application of electronic Mortgage Rights will get obstacles at the beginning, especially regarding the knowledge of its users. The research method used is empirical juridical. Mortgage encumbrance must meet the requirements of speciality and publicity. The principle of speciality in granting HT must be fulfilled. The principle of speciality is a principle that requires that mortgage rights can only be imposed on specific land. The principle of speciality guarantees that it is in accordance with the identity of the parties, the place of residence, as well as the certainty of the amount of debt, the value of the mortgage and the object used as collateral along with the value of the mortgage in accordance with what is contained in the APHT. After the APHT is made, the PPAT is obliged to register it at the Land Office, even though it is not an interested party, by sending the relevant APHT along with other necessary documents. The registration is a form of fulfilment of the publicity requirement. The rules regarding this registration are stipulated in Article 13 and Regulation of the Minister of Agrarian Affairs/Head of BPN number 5/1996 and Letter of the Minister of Agrarian Affairs/Head of BPN dated 26 June 1996 number 630.1-1826. Since 8 October 1997, it has been regulated in Ministerial Regulation 3/1997. In its application, it is regulated in detail in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 5 of 2020 on Electronically Integrated Mortgage Services.
Analysis Of The Mechanism For Making A Deed Of Sale And Purchase Of Land Rights Based On Power Of Attorney Selling Notarial Frisila, Frili; Bhudiman, Budy; Lestari, Nisa
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.654

Abstract

In obtaining the right to ownership of an object on a plot of land, one of them can be organized through buying and selling. As time goes by with various reasons and objectives, it is not uncommon in organizing everything related to the action of the law, then as a human being who is classified as a legal subject, of course, is not able to do so directly by himself. Related to the problems found in the occurrence of a transfer of ownership of rights to an object of land, in imposing a power of attorney in writing must be contained in an authentic deed which in the case of its making must be before a Notary. The legality of the power of attorney contained in the power of sale deed and the binding of the sale and purchase agreement as a form of an authentic deed whose validity can be guaranteed when viewed from the side of the agreement law which explains how the agreement can be said to be valid contained in Article 1320 of the Civil Code has been fulfilled. This research aims to analyze several issues to answer why it is still often found in making a deed of sale and purchase that the basis is a notarially legalized power of attorney to sell, and explain how the mechanism and legality of the validity of a notarially legalized power of attorney to sell deed when transferring a right.
The Implementation of Electronic Transfer of Freehold Title in Land Sale and Purchase Transaction at Bogor Regency Land Office Khasanah, Khasanah; Bhudiman, Budy; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 1 No. 2 (2023)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v1i2.967

Abstract

The purpose of this research is to analyze the implementation of the process of electronic transfer of freehold title in land transaction at Bogor Regency Land Office. The main objective of this research is to identify the processes, constraints and benefits associated with the implementation of an electronic transfer of title system in land sale transaction. The research method is a descriptive analytical approach by collecting data through interviews with relevant parties and analyzing documents. The results show that the implementation of electronic transfer of freehold title has made a positive contribution to the process of land transaction, especially in Bogor Regency. It was found that the use of electronic system has improved administrative efficiency, reduced data input errors, and accelerated the processing time of transferring name. Nevertheless, there are still some obstacles related to access to technology. Therefore, the Ministry of Land and Spatial Planning and Bogor Regency Land Office should continue to update the system regularly to speed up the land services. In addition, the process of registering the transfer of rights/reversal of name of certificate is declarative or administrative, not constitutive. This means that the registration of a transfer of title is aimed at giving broader evidentiary powers to third parties in general, but it is not used to establish the validity of the transfer itself. The transfer of rights has occurred since the deed of transfer was signed by the PPAT. This is in contrast to the constitutive function of registration in Western law, where registration creates a new legal situation by determining when the transfer of rights occurs.
Roles and Functions of PPAT in The Practice of Land Registration Muhromi, Saidul; Bhudiman, Budy; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.969

Abstract

The purpose of land registration in accordance with the implementation in article (3) of the Government Regulation Number 24 of 1997 Regarding Land Registration, is the purpose of the creation of an information puisat on land parcels so that the party who has been registered with the government can overwrite the data needed in carrying out the huikuim meingeinai plots of land and units of ruimah suisuin that have been registered. The implementation of land registration is in a way that both provides basic and administrative principles in the field of land management. The PPAT Deed is one of the data requirements for the maintenance of land registration data, so it must be made up so that it can be used as a basis for the registration of transfer and the provision of rights. Therefore, PPAT is responsible for intuitively examining the intuitive requirements for the legality of the relevant legal proceedings. Among other things, matching the data contained in a certificate with the lists available at the Land Office. This type of research is an empirical normative legal research, namely a scientific research method which in this case combines normative legal principles which are individually coupled with additional data or empirical research. . This normative-eimpirical research method also aims to implement the intuition of normative law (indang-uindang) in its action in every intuitive legal event that occurs in a society's situation. basic legal certainty, So article 19 of the UUPA laws regulates land registration.
Legal Protection for Land Rights Holders and Physical Control According to UUPA Daulay, Putri Rahmadona; Bhudiman, Budy; Purwaningsih, Prihatini
JURNAL MAHASISWA YUSTISI Vol. 2 No. 2 (2024)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v2i2.974

Abstract

Soil is necessary for every aspect of human life. The government issued Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA). To deal with land rights issues in Indonesia, the Basic Agrarian Law (UUPA) protects rights holders and physical control of land. Article 19 of Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) stipulates that the government carries out land registration to guarantee land rights. Law enforcement is an important part of the UUPA, and the agrarian justice process is included in the mechanisms regulated by law. This research aims to find out how the Basic Agrarian Law (UUPA) protects land rights holders and to find out the role of Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest in protecting land rights holders. The method used in this research is normative legal qualitative. The research results show that the Basic Agrarian Law (UUPA) has a strong juridical foundation in protecting land rights. The principle of legality emphasizes that every government action must have the legitimacy and authority granted by law. Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest has an important role in protecting land rights holders in Indonesia. This law provides a specific legal basis regarding land acquisition for public purposes, with the hope that it can become a legal umbrella and provide adequate protection for land rights holders.
Co-Authors Al-Farizi, Farhan Fauzan Daulay, Putri Rahmadona Desty Anggie Mustika Frisila, Frili Ibrahim Fajri Irfianti, Desty Mirna Khasanah, Khasanah Latifah Ratnawaty Lestari, Nisa Muhromi, Saidul Prihatini Purwaningsih Purwaningsih, Prihatini Ratnawaty, Latifah Riswanti, Gita Sri Hartini Zefri, Faizal Zulhusni, Ridzki Nugraha