Article Per Year (5 Year)
p-Index From 2021 - 2026
2.036
P-Index
This Author published in this journals
All Journal Jurnal Selat Recital Review WAJAH HUKUM Zaaken: Journal of Civil and Business Law Jurnal Pengabdian Masyarakat Bhinneka Jurnal Karya Abdi Masyarakat MAXIMAL Jurnal Hukum Mimbar Justitia Joong-Ki
Taufik Yahya
Unknown Affiliation
Religion Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

Published : 16 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Recital Review

 1 
Pengaturan Parate Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Sinta Bella, Devi; Yahya, Taufik; Hasan, Umar
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.39352

Abstract

This article aims to analyze the provisions on parate execution of fiduciary guarantees and their legal consequences following Constitutional Court Decision Number 18/PUU-XVII/2019. Prior to this decision, creditors had the authority to execute fiduciary guarantees directly without going through the courts when the debtor defaulted. However, the Constitutional Court emphasized that parate execution can no longer be carried out unilaterally, but must be based on an agreement regarding the default or through a court order. The research method used is normative juridical with a statutory, conceptual, and case approach, with legal materials in the form of regulations, literature, and court decisions analyzed qualitatively. The results show that this decision provides greater protection for debtors because execution can no longer be carried out without judicial oversight. On the other hand, creditors lose the certainty of automatic execution, which implies increased financing risks, additional costs, and potential delays in the execution process. This condition affects the policies of financial institutions in disbursing fiduciary-based credit. Thus, this decision emphasizes the need for a balance between protecting debtors' rights and legal certainty for creditors, while also encouraging the existence of derivative regulations and technical guidelines so that the implementation of fiduciary execution following the Constitutional Court's decision can be effective, fair, and provide legal certainty.
Perlindungan Hukum terhadap Pembeli dalam Jual Beli Tanah yang Belum Dibalik Nama Pandia, Dion; Yetniwati, Yetniwati; Yahya, Taufik
Recital Review Vol. 7 No. 2 (2025): Volume 7 Nomor 2 Juli 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land sale and purchase transactions often end with the issuance of a Sale and Purchase Deed (AJB) without being followed by the transfer of the certificate name. This situation creates legal uncertainty for buyers, even though the payment has been completed and physical possession of the land has been transferred. Such conditions reveal a gap in public understanding as well as in land administration practices, which may potentially lead to disputes. This study aims to analyze the legal consequences of land transactions without a name transfer and the forms of legal protection available to disadvantaged buyers. The research employs a normative juridical method with a statutory approach and analysis of secondary data, including literature, regulations, and relevant court decisions. The findings show that legal certainty can only be guaranteed if the name transfer process is carried out in accordance with the Basic Agrarian Law (UUPA) and Government Regulation No. 24 of 1997 on Land Registration. Nevertheless, even without a certificate transfer, buyers may still obtain preventive legal protection through the AJB and physical control of the land, as well as repressive protection through litigation in court. Therefore, the transfer of certificate ownership constitutes a crucial instrument in ensuring legal protection and certainty of land rights for buyers.
Co-Authors Amir, Diana Andi Najemi, Andi Anisa, Virta Yuli Dhaniarta, Nabila Dwi Suryahartati Erwin Erwin Fauzani Raharja, Ivan Hasan, Umar Yudha Herry Liyus Hery Maulana Arif Indriya Fathni Isran Idris Isran Idris Lili Naili Hidayah Monalisa Monalisa Pandia, Dion Raffles Raffles Rapik, Muhamad Retno Kusniati Romansyah Sahabuddin Rosmidah Rosmidah Saleh, Reyna Eka Saputri Saputri, Erda Sasmiar, Sasmiar Sinta Bella, Devi Sinta, Sinta Sukamto Satoto Umar Hasan Usman Usman Windarto, Windarto Wulansari, Ditya Putri Yetniwati Yetniwati Yulia Monita Yunardi, Novita Putri