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Journal : Collegium Studiosum Journal

KEKUATAN HUKUM SERTIFIKAT HAK MILIK YANG TERBIT DI DALAM KAWASAN HUTAN SEBELUM KELUARNYA KEPUTUSAN MENTERI KEHUTANAN NOMOR SK.453/KPTS-II/1999 Bambang Puji Mulyo; Achmad Faishal; Suprapto
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.917

Abstract

This land tenure right has been linked to certain land as the object and a certain person or legal entity as the subject or holder of the rights. Mastery or control can be juridical and or can also be physical. Juridical control is based on rights, protected by law and generally gives authority to the right holder to physically control the land being claimed. The relationship between the Indonesian nation and the land is eternal, which means that as long as the Indonesian people are united with the Indonesian nation, the relationship will continue uninterrupted forever. Since the issuance of a certificate of ownership indicating that the area is an area for other uses or outside the forest area and has guaranteed legal certainty. However, the government unilaterally designated their settlements or areas as forest areas since the issuance of Law no. 41/1999 concerning Forestry through the Decree of the Minister of Forestry Number SK.435/KPTS-II/1999. So that the land in the area is designated and determined as a forest area which was previously included in another area of use and in the end the status of the land becomes land attached to a forest area. This means that if land that already has a certificate of ownership is then designated and determined as a forest area, the characteristics of the certificate of ownership will not be fulfilled in the case that the certificate of ownership has the fullest character because the certificate of ownership cannot be the parent for other land rights. and in terms of use it is only limited to physical control but other legal actions cannot be taken against the certificate of ownership. In order to provide legal certainty to holders of land title certificates in this Government Regulation number 24 of 1997, confirmation is given regarding the extent of the strength of certificates, which are stated as a strong means of proof by the Basic Agrarian Law.
PERLINDUNGAN HUKUM TERHADAP NOTARIS/PPAT ATAS PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH KARYAWAN NOTARIS/PPAT Muhammad Ridho Rifani; Achmad Faishal; Saprudin
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.932

Abstract

The purpose of conducting this research is to analyze the legal protection of a Notary/PPAT whose responsibility is as a recipient of a client's document entrusted with the purpose of making a Deed to be disabled or negligent for acts against the law committed by Notary/PPAT employees, as well as to analyze the legal consequences for the Notary/PPAT for the delivery of client's documents to parties other than the client carried out by employees without the knowledge of the Notary/PPAT. According to the results of the study, one of the obligations of a notary based on the Notary Office Act is to safeguard the interests of the parties involved in legal actions. One of them is in terms of keeping an item entrusted to a Notary/PPAT for the process of making a deed. This obligation also applies to the employee of the Notary concerned, and the obligation to maintain the client's documents applies until the position of the Notary ends (retirement). However, in this case the Notary/PPAT employee does not carry out these obligations properly, the Notary employee submits the client's documents to a party other than the client without the Notary/PPAT's knowledge. carried out by employees. Even though in practice employees are trusted by the Notary/PPAT to assist in keeping the client's documents, however, in the case of an unlawful act committed by the employee, the Notary is responsible for the unlawful act committed by the employee as the employer. This shows the need for legal protection for Notaries/PPATs which is very detrimental to the Notary and is closely related to the good name of his profession as a Notary and his colleagues.
KEKUATAN HUKUM SERTIFIKAT HAK MILIK YANG TERBIT DI DALAM KAWASAN HUTAN SEBELUM KELUARNYA KEPUTUSAN MENTERI KEHUTANAN NOMOR SK.453/KPTS-II/1999 Bambang Puji Mulyo; Achmad Faishal; Suprapto
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.917

Abstract

This land tenure right has been linked to certain land as the object and a certain person or legal entity as the subject or holder of the rights. Mastery or control can be juridical and or can also be physical. Juridical control is based on rights, protected by law and generally gives authority to the right holder to physically control the land being claimed. The relationship between the Indonesian nation and the land is eternal, which means that as long as the Indonesian people are united with the Indonesian nation, the relationship will continue uninterrupted forever. Since the issuance of a certificate of ownership indicating that the area is an area for other uses or outside the forest area and has guaranteed legal certainty. However, the government unilaterally designated their settlements or areas as forest areas since the issuance of Law no. 41/1999 concerning Forestry through the Decree of the Minister of Forestry Number SK.435/KPTS-II/1999. So that the land in the area is designated and determined as a forest area which was previously included in another area of use and in the end the status of the land becomes land attached to a forest area. This means that if land that already has a certificate of ownership is then designated and determined as a forest area, the characteristics of the certificate of ownership will not be fulfilled in the case that the certificate of ownership has the fullest character because the certificate of ownership cannot be the parent for other land rights. and in terms of use it is only limited to physical control but other legal actions cannot be taken against the certificate of ownership. In order to provide legal certainty to holders of land title certificates in this Government Regulation number 24 of 1997, confirmation is given regarding the extent of the strength of certificates, which are stated as a strong means of proof by the Basic Agrarian Law.
PERLINDUNGAN HUKUM TERHADAP NOTARIS/PPAT ATAS PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH KARYAWAN NOTARIS/PPAT Muhammad Ridho Rifani; Achmad Faishal; Saprudin
Collegium Studiosum Journal Vol. 6 No. 1 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i1.932

Abstract

The purpose of conducting this research is to analyze the legal protection of a Notary/PPAT whose responsibility is as a recipient of a client's document entrusted with the purpose of making a Deed to be disabled or negligent for acts against the law committed by Notary/PPAT employees, as well as to analyze the legal consequences for the Notary/PPAT for the delivery of client's documents to parties other than the client carried out by employees without the knowledge of the Notary/PPAT. According to the results of the study, one of the obligations of a notary based on the Notary Office Act is to safeguard the interests of the parties involved in legal actions. One of them is in terms of keeping an item entrusted to a Notary/PPAT for the process of making a deed. This obligation also applies to the employee of the Notary concerned, and the obligation to maintain the client's documents applies until the position of the Notary ends (retirement). However, in this case the Notary/PPAT employee does not carry out these obligations properly, the Notary employee submits the client's documents to a party other than the client without the Notary/PPAT's knowledge. carried out by employees. Even though in practice employees are trusted by the Notary/PPAT to assist in keeping the client's documents, however, in the case of an unlawful act committed by the employee, the Notary is responsible for the unlawful act committed by the employee as the employer. This shows the need for legal protection for Notaries/PPATs which is very detrimental to the Notary and is closely related to the good name of his profession as a Notary and his colleagues.