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All Journal JURNAL ILMIAH GLOBAL EDUCATION Law Development Journal COMSERVA: Jurnal Penelitian dan Pengabdian Masyarakat SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Journal of Innovative and Creativity Jurnal Riset Ilmiah SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum Fatih: Journal of Contemporary Research Jurnal Cendekia Ilmiah Custodia: Journal of Legal, Political, and Humanistic Inquiry
Putra Hutomo
Universitas Jayabaya
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Kepastian Hukum Akta Pemberian Hak Tanggungan yang Tidak Ditandatangani Mantan Pasangan Sebagai Harta Bersama Syifa Azzahra; Putra Hutomo; Taqiyuddin Taqiyuddin
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/ysjg4v71

Abstract

Mortgage Rights constitute a security right over land that grants creditors preferential status and executorial power. Legal problems arise when a Deed of Granting Mortgage Rights is executed over marital property without the consent or signature of a former spouse who still holds rights over the property. This study aims to analyze the legal consequences and legal certainty of such deeds. It employs normative juridical research using statutory, case, conceptual, and analytical approaches. The findings show that a deed concerning marital property made without the consent of the entitled party may contain substantive defects and may be declared invalid or void by a court. Consequently, the Mortgage Right may lose its binding force, preferential right, and executorial power, while the underlying credit agreement remains valid insofar as it satisfies the requirements of a lawful contract. Legal certainty therefore requires harmonization of marriage law, security law, and contract law, together with strict prudential verification by banks and Land Deed Officials regarding marital status, ownership, property division, and consent before deed execution.
Perlindungan Hukum terhadap Pemilik Materiil dalam Sertipikat Hak Milik Atas Tanah Terkait Pinjam Nama (Nominee) Febranisa Erin; Iran Sahril; Putra Hutomo
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/6n6cps23

Abstract

Land ownership in Indonesia requires legal certainty through a Certificate of Ownership, while the practice of using a nominee where an Indonesian citizen acts as a front for a foreign national gives rise to disputes. This study examines the legal consequences for the party listed on the certificate as well as the legal protection afforded to the beneficial owner, drawing on the Theory of Subjective Contracts and Sudikno Mertokusumo’s Theory of Legal Protection. The research method employs a normative legal approach using legislative, case law, analytical, and conceptual approaches, as well as primary, secondary, and tertiary legal sources. Analysis is conducted through grammatical, systematic, and analogical interpretation. The results of the study indicate that nominee agreements are null and void as a matter of law because they conflict with the Land Law (UUPA), while Indonesian citizens whose names are listed on the certificate remain recognized as the lawful owners based on SEMA No. 10 of 2020. Protection for foreign nationals is limited to civil interests, while land possession should be based on the Right of Use pursuant to Article 42 of the Land Law (UUPA).
KEPASTIAN HUKUM PERJANJIAN PENGELOLAAN LIMBAH TERKAIT ADANYA WANPRESTASI OLEH SALAH SATU PIHAK DAN AKIBAT HUKUMNYA Arya Pribadie; Putra Hutomo; Hedwig Adianto Mau
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2970

Abstract

Waste management agreements have become increasingly important in industrial activities; however, their implementation is frequently disrupted by breaches of contract (wanprestasi), including unilateral termination, delays in delivery, and non-performance or performance inconsistent with the agreed terms, thereby creating legal uncertainty. The issues examined in this research are: (1) What are the legal consequences of a breach of contract arising from a waste management agreement for the buyer in the performance of the agreement? and (2) How is legal certainty ensured in waste management undertaken by one of the parties in the event of a breach of contract? To address these issues, this research employs Jan Michiel Otto’s Theory of Legal Certainty and Soeroso’s Theory of Legal Consequences. The method employed in this research is normative legal research using a statutory approach, a case approach, an analytical approach, and a conceptual approach. The legal materials consist of primary legal materials; secondary legal materials, including books, scholarly journals, and theses; and tertiary legal materials. The legal materials were analyzed through grammatical interpretation, systematic interpretation, and analogical construction. The results of the research indicate that a breach of contract (wanprestasi) in a waste management agreement gives rise to legal consequences in the form of changes in the legal status of waste that has not been managed in accordance with applicable standards, changes in the contractual legal relationship that grant the aggrieved party the right to demand specific performance, material and immaterial damages, as well as the annulment of the agreement pursuant to Articles 1243, 1266, and 1267 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUH Perdata). Such breach may also give rise to civil, administrative, and criminal liability. Legal certainty can be achieved when the five conditions of Jan Michiel Otto’s theory are fulfilled, which in practice are reinforced by the principle of pacta sunt servanda as stipulated in Article 1338 of the Indonesian Civil Code, protection of third parties acting in good faith, and the application of strict evidentiary standards with respect to material losses.
TANGGUNG JAWAB HUKUM KANTOR PERTANAHAN DALAM RANGKA MEDIASI SEBAGAI BENTUK PENYELESAIAN SENGKETA PERTANAHAN Aep Agus Hendraningrat; Putra Hutomo; Amelia Nur Widyanti
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2978

Abstract

The National Land Agency (BPN), as the institution responsible for government affairs in the land sector, holds a primary mandate and a strategic role in resolving land disputes through mediation mechanisms, in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning the Handling and Resolution of Land Cases. In conducting mediation, the National Land Agency acts as a neutral, professional, and objective mediator. The outcomes of mediation can provide legal certainty, serve as a basis for subsequent land administration actions, and foster orderliness in land affairs. The research addresses two key questions: the mediation procedures employed by Land Offices to resolve land disputes, and the legal liability of Land Offices in dispute resolution via mediation. This study utilizes Dean G. Pruitt’s theory of dispute resolution and Hans Kelsen’s theory of legal liability.The research method used in this study is a type of normative legal research, namely legal research with literature studies based on primary, secondary and tertiary legal sources. The research approaches used are the Legislation Approach, Conceptual Approach, Analytical Approach and Case Approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. For the legal material analysis technique, it is carried out with grammatical interpretation, Systematic interpretation, Analogy Construction and legal refinement construction. The research concludes that the mediation procedure for land dispute resolution conducted by the Land Office begins with the filing of a complaint, followed by the formation of a dispute handling and resolution team (comprising case assessment, an initial review meeting, investigation, presentation of findings, coordination meetings, a final review meeting, and case resolution via mediation), and culminates in a record of agreement formalized in a settlement deed. Regarding legal liability, the Land Office cannot be held accountable or blamed (or subjected to criminalization) if an issued certificate is not proven to contain errors resulting from the negligence or intentional misconduct of the authorized official; however, if such misconduct is proven, the authorized official will face sanctions ranging from light to moderate or severe disciplinary penalties.
PERLINDUNGAN HUKUM BAGI PEMOHON SEBAGAI PENUNJUK BATAS YANG MENIMBULKAN TUMPANG TINDIH SERTIPIKAT TERKAITKEWENANGAN KANTOR PERTANAHAN Yayan Yayan; Putra Hutomo; Amelia Nur Widyanti
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2980

Abstract

In the land registration process in Indonesia, the surveying of the land parcel is a key stage; when the land parcel is being surveyed, the applicant must indicate the boundaries in good faith and adhere to administrative procedures. The designation and determination of boundaries mark the inception of legal protection. If an applicant errs in indicating the boundaries of their land parcel, the responsibility lies entirely with the applicant; state administrative officials cannot be held liable for errors stemming from information or statements provided by the applicant due to oversight, negligence, or mistake. The research addresses two issues: the authority of the Land Office regarding boundary designations by applicants that result in overlapping land titles, and the legal protection afforded to applicants who designate boundaries that lead to such overlaps. This study employs Philipus M. Hadjon’s theory of authority and Satjipt. The research method used in this study is a type of normative legal research, namely legal research with literature studies based on primary, secondary and tertiary legal sources. The research approaches used are the Legislation Approach, Conceptual Approach, Analytical Approach and Case Approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. For the legal material analysis technique, it is carried out with grammatical interpretation, Systematic interpretation, Analogy Construction and legal refinement construction. The research concludes that the applicant must observe administrative procedures as well as the principles of contradictory delimitation, the negative publication principle with positive tendencies, and the communal principle; the applicant bears full responsibility for any boundary overlaps arising from the land boundary designation. Preventive legal protection is afforded if the applicant complies with the administrative requirements set forth in ATR/BPN Ministerial Regulation No 16/2021 which amends ATR/BPN Ministerial Regulation No 3/1997 regarding the implementation of Government Regulation No 24/1997 on Land Registration. Repressive legal protection is obtained through court litigation or mediation facilitated by the Land Office.
KEPASTIAN HUKUM AKTA HIBAH TANAH TANPA PERSETUJUAN PASANGAN SAH ATAS HARTA BERSAMA Reza Adryansyah; Putra Hutomo; Hedwig Adianto Mau
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 9 (2026): SINERGI : Jurnal Riset Ilmiah, September 2026 (In Press)
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i9.2989

Abstract

Under the Indonesian Civil Code, a gift (hibah) is an agreement whereby a donor transfers an item gratuitously and irrevocably for the benefit of the recipient. The law recognizes only gifts made between living persons. Specifically regarding the gifting of joint marital property pursuant to Article 35, Paragraph (1) of Law Number 1 of 1974 concerning Marriage consent must be obtained from both parties (the husband and wife) in accordance with Article 36, Paragraph (1) of the same Law. The research addresses the legal consequences and legal certainty regarding a deed of gift for land involving joint marital property executed without the consent of the lawful spouse. The study employs the theory of legal consequences as articulated by R. Soeroso and the theory of legal certainty as proposed by Jan Michael Otto. The research method used in this study is a type of normative legal research, namely legal research with literature studies based on primary, secondary and tertiary legal sources. The research approaches used are the Legislation Approach, Conceptual Approach, Analytical Approach and Case Approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. For the legal material analysis technique, it is carried out with grammatical interpretation, Systematic interpretation, Analogy Construction and legal refinement construction. The research concludes that a Land Deed Official (PPAT) is authorized to draft a deed of gift pursuant to Article 2, Paragraph (2) of Government Regulation No. 37 of 1998 concerning the Regulation of the PPAT Office; however, the absence of consent from a spouse regarding joint marital property as required by Article 36, Paragraph (1) of Law No. 1 of 1974 concerning Marriage results in the loss of the spouse's rights to that property. The legal certainty of a deed of gift involving joint marital property depends on the fulfillment of the requirements for a valid agreement under Article 1320 of the Civil Code and Article 36, Paragraph (1) of Law No. 1 of 1974 concerning Marriage; if these provisions are violated, the deed lacks binding legal force and is consequently null and void by operation of law.
Co-Authors Achmad Fitrian Aep Agus Hendraningrat Amelia Nur Widyanti Apriyodi Ali Arya Pribadie Carolus Boromeus Kusmaryanto Danella Dewiyah Pramesti Daniel Pangidoan Dewi Padusi Daeng Muri Dhoni Martien Febranisa Erin Gatut Hendro Hedwig A. Mau Hendrik Hendrik Ikhwan Ashadi Iran Sahril Irawan Soerodjo Mohhamad Khemal Pasya Muhammad Iqbal Habibie Mulyadi Mulyadi Reza Adryansyah Rizaldi Rizaldi Sesar Gummara Syakura, Furcony Putri Syifa Azzahra Taqiyuddin Taqiyuddin Tofik Yanuar Chandra Tommy Thomas Tolu Wira Franciska Yayan Yayan Yuandika Sang Damar