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All Journal Journal of Legal and Cultural Analytics (JLCA)
Rehabeam Mofu
Lecturer at the Faculty of Law, University of Cenderawasih, Jayapura
Law, Crime, Criminology & Criminal Justice

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Implementation of Mortgage Imposition by Land Deed Officials in Practice Rehabeam Mofu
Journal of Legal and Cultural Analytics Vol. 2 No. 1 (2023): February, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i1.3476

Abstract

Research on the Implementation of Mortgage Imposition by Land Deed Making Officials in practice was carried out to know the implementation of Mortgage Imposition made before the Land Deed Making Officer (PPAT) in practice and to find out the importance of clauses without prior approval from the Debtor (First Party) in the event of default in order to make a public sale by auction of the Mortgage object, either in whole or in part, following the applicable laws and regulations. The method used is a normative juridical approach. The study results the show that in practice, the Mortgage Granting Deed (APHT) is done, reads out, and then signed by the Giver and Mortgage Recipient in front of the Land Deed Making Officer (PPAT) in the presence of two witnesses. The importance of the clause without prior approval, regulated in the APHT format, is more to emphasize that the debtor giving the mortgage must complete his obligations according to the credit agreement. If a default occurs, the creditor can take an execution parate or executorial title to return the loaned capital to the debtor. Including the word for without prior approval is not by the agreed terms for the agreement's validity as stipulated in Article 1320 of the Civil Code. PPAT, in filling out the identity data of the Mortgage Giver, must be more careful in tracing the identity in the form of KTP and Family Card from the Mortgage Giver and need to revise the APHT editor, especially without prior approval from the debtor.
The Process of Proving Evidence of Electronic Certificates of Land Rights in Civil Cases Trials at the District Court Rehabeam Mofu
Journal of Legal and Cultural Analytics Vol. 2 No. 2 (2023): May, 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v2i2.3468

Abstract

The legal procedures for proving electronic certificates of land rights in district courts have not yet been regulated in Law number 11 of 2008 concerning Electronic Information and Transactions or the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1 of 2021 concerning Electronic Certificates. However, the rules do not yet exist. However, suppose later there is a case. In that case, the judge must still accept the case to be tried and decided, based on the assumption that the judge is considered to know the Law (ius curia novit) in order to achieve a simple, fast, and low-cost trial by applying the use of electronic certificates land rights as a reserve. At the same time, the primary evidence is a physical certificate of land rights. However, suppose it is used as the primary evidence. In that case, the proof method is by opening the electronic document data together before the litigants using a computer device connected to the internet in Court during the evidentiary event. The evidentiary strength of the electronic certificate of land rights as evidence at the Class IA Jayapura District Court trial is the same as the physical certificate of land rights, namely having the strength of physical, formal, and material evidence. The Government immediately issues procedural law rules in proving related to electronic certificates so that there is no legal vacuum.
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