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All Journal Jurnal Cita Hukum Jurnal Ilmiah Universitas Batanghari Jambi SIGn Jurnal Hukum Journal of Creative Student Research Intellektika: Jurnal Ilmiah Mahasiswa
Yunanto Yunanto
Universitas Diponegoro
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Peralihan Hak Atas Tanah melalui Putusan Pengadilan: Implikasi Yuridis dan Tantangan dalam Pelaksanaan Laila Nuraini; Yunanto Yunanto
SIGn Jurnal Hukum Vol 5 No 1: April - September 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v5i1.265

Abstract

This study aims to examine and analyze the juridical implications of land rights transfers through court decisions and identify the challenges and obstacles encountered in transferring them. This study uses normative legal research with conceptual, case, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that the dispute resolution of land rights transfers through inkracht court decisions can provide legal certainty and positive impacts for the disputing parties. However, some negative effects need to be anticipated and managed effectively. Furthermore, challenges and obstacles are faced when executing land rights transfers based on inkracht court decisions, necessitating efforts to improve the court decision enforcement system. Improving the court decision enforcement system involves the active participation of the government, law enforcement, land agencies, and parties involved in land rights transfer disputes. Therefore, it is recommended that parties involved in land rights transfer disputes consider the negative impacts of inkracht court decisions by collaborating with law enforcement. Through good cooperation and coordination among agencies and enhanced law enforcement capacity, it is hoped that the land rights dispute resolution system transfer can create legal certainty and promote the economic value growth of disputed land, ultimately impacting the productivity and welfare of the surrounding community.
Eksekusi Jaminan Fidusia Setelah Adanya Keputusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 dan Nomor 2/PUU-XIX/2021 Yoga Muslim Irmanda; Yunanto Yunanto
Jurnal Ilmiah Universitas Batanghari Jambi Vol 23, No 2 (2023): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v23i2.3306

Abstract

Public interest in fiduciary guarantees is increasing and creates opportunities for several problems to occur, such as the execution of fiduciary guarantees when the debtor breach the contract. In the execution process, the creditors often done an arbitrary action that cause the debtor suffers a loss. The polemic over the execution of fiduciary guarantees has led to a judicial review of the Fiduciary Guarantee Law. From the judicial review, MK Decision Number 18/PUU-XVII/2019 and MK Decision Number 2/PUU-XIX/2021 were issued. On the other hand, the decision is considered to have caused a loss to the creditor. The law is expected to create justice and provide legal certainty to all people. The author uses a normative juridical method to further examine legal certainty for creditors regarding the existence of the Constitutional Court Decision Number 18/PUU-XVII/2019 and the Constitutional Court Decision Number 2/PUU-XIX/2021 in carrying out the execution of fiduciary guarantee objects. Execution of fiduciary guarantees must still be carried out by creditors in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees if they fulfill the conditions in the form of an agreement about a breach of contract and secondly, namely the fiduciary giver (debtor) voluntarily surrenders the fiduciary guarantee object in the context of execution. With the Constitutional Court's decision, it is hoped that the agreement between the creditor and the debtor will be made in more detail, especially on the point of default of the debtor.
Legal Consequences of Repurchase Agreement Transaction Against Buyer with Non-Good Faith Party in Civil Law Faris Satria Alam; Budi Santoso; Yunanto Yunanto
Jurnal Cita Hukum Vol 11, No 2 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i2.33790

Abstract

Exchanges inside the community are commonly alluded to as securities financing exchanges or repos. In certain markets, this will moreover be seen as a prospects exchanging course of action whose essential reason is to lend or borrow cash. In any case, like all other exchange, a repo exchange isn't resistant to the chance of default, and the party who endures a loss due to default will be held at risk for the misfortune in great confidence. Shockingly, this is often not continuously the case. In a commentary titled "Legitimate Suggestions of Buybacks for Customers Who Have Misplaced Believe in Respectful Law," the creator analyzes different sources of data pertinent to entering into buyback understandings, counting the author's own composing fashion. The contention put forward by the creator is that for a substantial exchange the buyer must be a bona fide shopper who is unconscious of any surrenders within the products acquired and the exchange of title must be formalized in composing. That's what it implies. I concur with that as well. On the off chance that resources are utilized in exchanges such as promises, bona fide buyers must be fulfilled that the conditions are met. Agreeing to this ponder, future repurchase exchanges may have legitimate suggestions for noxious indebted individuals (buyers). Commercial exchanges and respectful contracts include dangers, particularly in the event that the resources included must be sold, are perpetual, cannot be exchanged or utilized to secure obligation.Keywords: Repurchase Agreement, Transaction, Good Intention
The Piercing of Corporate Veil Doctrine dalam Pertanggungjawaban Perdata Perseroan Terbatas di Indonesia Lukas Natama Putra Mahulae; Yunanto Yunanto
Journal of Creative Student Research Vol. 4 No. 3 (2026): Juni : Journal of Creative Student Research
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jcsr-politama.v4i3.6257

Abstract

This study examines the application of the The Piercing of Corporate Veil doctrine in the civil liability framework of Limited Liability Companies in Indonesia. The doctrine serves as an exception to the principle of limited liability, allowing courts to impose personal liability on shareholders, directors, commissioners, parent companies, or controlling parties who misuse the corporate entity for unlawful purposes. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings indicate that the doctrine has been recognized in Indonesian company law, particularly through several provisions of Law Number 40 of 2007 concerning Limited Liability Companies. Its implementation extends beyond shareholders to encompass directors, commissioners, controlling shareholders, holding companies, and individual companies when evidence demonstrates abuse of legal entity status, commingling of assets, ultra vires acts, bad faith conduct, or unlawful corporate control. The study concludes that the doctrine functions as an essential legal mechanism for balancing investor protection with accountability, legal certainty, and justice for creditors and third parties harmed by corporate misconduct.  
Risalah Lelang dan Peralihan Hak Atas Tanah: Analisis Yuridis terhadap Validitas, Pendaftaran, dan Kepastian Hukum Hafis Diva Azzahra; Yunanto Yunanto
Intellektika : Jurnal Ilmiah Mahasiswa Vol. 4 No. 4 (2026): Juli : Intellektika : Jurnal Ilmiah Mahasiswa
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/intellektika.v4i4.4127

Abstract

Auction Minutes occupy a strategic position within Indonesian auction and land law because they not only record the conduct of an auction but also function as evidentiary instruments directly connected with the transfer and registration of land rights. This study examines the validity of Auction Minutes, their legal position as the basis for land-right transfers, and the construction of legal certainty for auction purchasers following registration. The research employs normative legal methodology using statutory, conceptual, case, and legal-synchronization approaches. Primary legal materials include the Basic Agrarian Law, Mortgage Law, Government Regulation No. 24 of 1997 as affected by Government Regulation No. 18 of 2021, Minister of Finance Regulation No. 122 of 2023, land-registration regulations, Supreme Court Circular Letter No. 4 of 2016, and relevant judicial decisions. The findings demonstrate that Auction Minutes constitute authentic deeds possessing complete evidentiary force, while an Extract of Auction Minutes constitutes the specific document expressly required for registering a transfer resulting from an auction. Legal uncertainty emerges when a valid auction has occurred but registration is obstructed by litigation, blocking, status-quo orders, or regulatory disharmony. This study proposes reconstructing the legal position of Auction Minutes by clearly separating their authentic, transfer, and registration functions to strengthen legal certainty for auction purchasers.
Co-Authors Alam, Faris Satria Budi Santoso Hafis Diva Azzahra Laila Nuraini Lukas Natama Putra Mahulae Yoga Muslim Irmanda