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All Journal Jurnal Ilmu Hukum The Juris
Mohamad Fajri Mekka Putra
Magister Kenotariatan, Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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TINJAUAN YURIDIS ATAS KEWAJIBAN NOTARIS DALAM MEMBACAKAN AKTA NOTARIS DAN IMPLIKASI HUKUMNYA (Studi Putusan Mahkamah Agung No. 351 PK/Pdt/2018) Adela Destaliya; Mohamad Fajri Mekka Putra
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.418

Abstract

This journal discusses the juridical review of the obligation of a notary to read a notarial deed and the legal implications of not reading a notary deed, based on Supreme Court Decision No. 351 PK/Pdt 2018, which in this review decision, the Panel of Judges annul: (i) Decision on cassation (Supreme Court Decision Number 560 K/Pdt/2016); (ii) Decision on appeal (Decision of the Bandung High Court with Decision Number 477/PDT.2014.PT.Bdg); and (iii) the decision of the Cibadak District Court (by Decision Number 27/Pdt.G/2013/PN Cbd.,). In the High Court's decision, the Sale and Purchase Binding Deed Number 12 made before Notary DS dated June 25, 2010 was canceled with the consideration that Notary DS as the defendant did not read the deed to the plaintiff, namely Sunardi's heirs, in this case the seller and owner of the land object. and delaying for more than 3 (three) years not providing a copy of the deed to the seller and then canceling the deed of sale and purchase agreement binding agreement between Sunardi's heirs and PT Sinar Timur Industrindo. However, in the review decision, the Panel of Judges considered that there was an error from the Judge to cancel the deed of sale and purchase agreement without involving one of the parties making the agreement (PT Sinar Timur Astrindo) in the lawsuit because in the decision there were only Sunardi heirs as the land owner (in the case as the seller) and PT Sinar Timur Industrindo (in the case as the buyer) were not involved and became parties to the lawsuit. The panel of judges considered that this violated the principles of contract law.
TINJAUAN YURIDIS TERHADAP KEABSAHAN PEMBUATAN AKTA JUAL BELI TANAH OLEH PEJABAT PEMBUATAN AKTA TANAH YANG DIDUGA DIBUAT SECARA MELAWAN HUKUM (Studi Putusan Pengadilan Palembang No. 214 k/Pdt/2021) Ashanti Nurshafira; Mohamad Fajri Mekka Putra
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.425

Abstract

This research discusses the benchmarks in determining the establishment of the deed of sale and purchase of land which is considered to be determined whether it is against the law or not and the legal force of the certificate as the evidence, based on the decision of the District Court Number 214 k/Pdt/2021. The case was occured in Palembang, specifically in the Palembang District Court. The types and sources of the data that will be used in writing this research are divided into two, namely primary data and secondary data. In writing this research, there are two data collection techniques used which is library research and field research. The data obtained both primary and secondary data were analyzed using quantitative techniques and then presented descriptively. The credibility of the deed is questionable because the Land Deed Making Officer as a General Officer (hereinafter referred to as "PPAT") is suspected of helping one party to gain profit and making a deed which is not in accordance with the existing facts. This causes the deed to be deemed to have been made against the law as regulated in Article 1365 of the Civil Code. Acts against the law in PPAT are essentially carried out if the making of the deed is contrary to legal norms and authorities, obligations and prohibitions in making the deed. This violation also results in losses suffered by one of the parties. For this reason, it is necessary to analyze how the benchmark for making a deed by PPAT can be made against the law and how the strength of certificate evidence is in the eyes of the law in a dispute.
ANALISIS PUTUSAN HAKIM PENGADILAN AGAMA YANG MENGABULKAN GUGATAN PEMBATALAN PERKAWINAN (Studi Putusan Pengadilan Agama Tanjung Karang Nomor: 0174/Pdt.G/2020/PA.Tnk) Jihan Al Litani; Mohamad Fajri Mekka Putra
The Juris Vol 6 No 1 (2022): JURNAL ILMU HUKUM : THE JURIS
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v6i1.434

Abstract

The aim of this study is to determine the decision of the religious court judge who granted the marriage annulment lawsuit and the legal consequences of the religious court judge's decision which granted the marriage annulment lawsuit against the wife as the plaintiff. The research approach used is normative juridical law research or library research, with descriptive research type. The data analysis method used is qualitative. The results of this study indicate that the decision of the religious court judge who granted the marriage annulment suit was based on the existence of parties who could apply for the annulment of marriage, namely: a. Families in a straight line of descent from husband or wife; b. husband or wife; c. The authorized official only as long as the marriage has not been decided; d. Designated official. Article 22 of Law Number 1 of 1974 concerning Marriage states that the annulment of a marriage occurs because the parties do not meet the requirements to enter into a marriage. The reason for the annulment of the marriage is that the marriage was carried out under threats that violate the law and one of the parties falsifies his identity, for example falsifying age, status, and religion. The legal consequences of the decision of the religious court judge who granted the marriage annulment lawsuit against the wife as the plaintiff for the wife of the annulled marriage did not get the iddah subsistence right because since the cancellation decision was made from the court, the marriage was considered never to have occurred.
Co-Authors Adela Destaliya Ashanti Nurshafira Jihan Al Litani