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Juridical Analysis of the Sale and Purchase of Uncertified Plots in the Conception of Legal Certainty Wahyu Hanggono; Fajar Taufan Riyanto; R. Sugiharto
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.409-432

Abstract

This study aims to examine the juridical analysis of the sale and purchase of uncertified plots of land in Palangkaraya City in the conception of legal certainty, as well as to examine the legal responsibility for the parties to the sale and purchase of uncertified plots of land in Palangkaraya City. This research method uses an empirical juridical approach. The research specifications used are library research and field research. The data sources used are primary data obtained from interviews. Based on the results of the study, it can be concluded: 1) that the sale and purchase of uncertified plots in Palangkaraya City still causes many legal problems, especially regarding land ownership disputes, because the proof of ownership of the plot of land in the form of a Land Declaration Letter (SPT) and proof of sale and purchase in the form of a Land Transfer Statement (SPPT) still does not have legal force. This proves that Gustav Radbruch's theory is still not working well; 2) The legal liability carried out by the seller of the land plot is in principle in accordance with the theory of legal responsibility put forward by Hans Kelsen which states that a person is legally responsible for a certain act or that he bears legal responsibility when committing an act that is contrary to the law.
The Legal Certainty of Murabahah Contracts in Buying a House Danu Pratama; Sri Kusriyah; R. Sugiharto
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.846-857

Abstract

The purpose of this research is to analyze: 1) Implementation of Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. 2). Legal certainty of Murabahah contracts in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City. The approach method used in discussing this research problem is a sociological juridical approach. The research specifications used are descriptive analytical research. This type of data uses primary data and secondary data. The data analysis method used in this research is qualitative analysis.The results of the study were concluded: 1) The implementation of the Murabahah contract in buying and selling houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City was started by using the principle of 5C financing analysis and went through several stages. namely the submission of an application by completing the required documents, checking the completeness of the documents, analyzing the feasibility of the financing proposal, approval or rejection of the results of the analysis through the financing committee binding with a notary deed. The Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City in resolving problematic financing can be overcome by means of qadhi, tahkim, and al-islah. 2) The legal certainty of the Murabahah contract in the sale and purchase of houses through the Himalayan Puncak Abadi Sharia Cooperative in Palangka Raya City can be realized because it is carried out by a notarial deed. The mortgage deed made with a notary deed can provide legal certainty for the parties. Based on the theory of legal certainty, the Murabahah contract is a natural legal certainty contract, which is a type of business transaction contract that has certainty of profits and income both in terms of amount and in terms of delivery, each party involved can predict the payment or payment time.