p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Jurnal Justiciabelen
Muhammad Azkannasabi
Universitas Muhammadiyah Gresik

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

DUE TO THE LAW OF SELLING AND BUYING LAND WITH CERTIFICATE OF PROPRIETARY RIGHTS IN UNDER HANDS Muhammad Azkannasabi
Jurnal Justiciabelen Vol 5 No 1 (2022): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v5i1.4516

Abstract

An underhand deed is a deed that has been made by the parties who made it without being made before an authorized official or it can be called PPAT. The binding power between the seller and the buyer in an underhand deed is the same as an authentic deed. The purpose of this is that it is allowed based on an agreement and does not conflict with the law so that the legal action is indeed legal in accordance with article 1338. The purpose of this study is to analyze and describe the legal protection for buyers against buying and selling land rights that are carried out under the hands. The research conducted in writing this thesis is empirical research, using a sociological juridical approach. Based on the results of the study, it can be concluded that (1) the buyer does not get legal protection for the land he bought; (2) the buyer does not get legal certainty over the land he bought; (3) the buyer does not get strong evidence against the rights to the land he bought. This of course will be detrimental to the buyer who purchases land rights under his own hands. This incident is expected to make people aware of buying and selling before PPAT so that they get legal protection and certainty.
The Proper Law as a Choice of Law in Contract Design Muhammad Azkannasabi; Hardian Iskandar
Jurnal Justiciabelen Vol 7 No 1 (2024): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v7i1.7799

Abstract

International Contract Law is a bridge that connects agreements made by the world community. However, cooperation that occurs often encounters obstacles when the disputing parties do not fulfill their achievements. So that the aggrieved party usually resolves disputes through the courts. However, the settlement of international civil contract disputes through the courts often causes dissatisfaction for the defeated party because the judge in the court must determine the lex cause (law that should apply) first. However, sometimes the judge or the party in trouble does not know much about the lex cause in general, not to mention the existence of non-juridical factors that greatly influence the judicial process so that these conditions usually result in unsatisfactory decisions. So that the solution to overcome this matter, the parties can make a choice of law (the choice of law or the choice of forum) so that it is expected to obtain a satisfactory decision in the settlement of disputes arising in International Civil Contracts for the parties to the dispute. The Proper Law in a contract is the legal system desired by the parties, or if the will is not expressly stated or cannot be known from the surrounding circumstances, then the choice of law seen from the most reasonable state law applies to the contract, namely by look for the center of gravity or the link point that is closest to the contract. The Proper Law theory builds on flexibility rather than offering mechanical rules so it provides more certainty than other closest relationship tests. The research method used is normative juridical research, namely legal research conducted by examining secondary data with an emphasis on library research. So that the results of the research and discussion find solutions to problems that use the principles of The Proper Law as a solution to solving problems. namely legal research conducted by examining secondary data with an emphasis on literature studies. So that the results of the research and discussion find solutions to problems that use the principles of The Proper Law as a solution to solving problems. namely legal research conducted by examining secondary data with an emphasis on literature studies. So that the results of the research and discussion find solutions to problems that use the principles of The Proper Law as a solution to solving problems.