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All Journal Syntax Idea Jurnal Info Sains : Informatika dan Sains
Karin Veronica Wijaya
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Aerospace Engineering Agriculture, Biological Sciences & Forestry Automotive Engineering Chemical Engineering, Chemistry & Bioengineering Computer Science & IT

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Kekuatan Mengikat SKMHT Terhadap Pelaksanaan Eksekusi Karena Adanya Wanprestasi Aslan Noor; Karin Veronica Wijaya; Ilva Yuniarsi Maruf; Muhammad Yusuf; Gregorius Patrich Setiawan
Syntax Idea 933-943
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i7.2537

Abstract

Land is a security item for debt repayment that is most preferred by financial institutions that provide credit facilities, basically land is easy to sell, besides that the price for the land continues to increase and has a basis of rights which is the basis of proof of ownership of the land, and is difficult to engineer. So the Government created a program called Home Ownership Credit (KPR) which aims to make it easier for citizens to get a livable house. This research is a normative juridical research that is descriptive, which describes and analyzes systematically, factually, and accurately related to receivables in credit agreements that have been transferred. This research is a normative juridical research using a statutory approach and a case approach. The results of the author's research show that the power of SKMHT as the ownership of dependent rights made by Notaries does not meet the provisions stipulated in the UUJN, the legal consequence is that the power of proof becomes under hand. Thus, the creditor must make APHT and issue a Certificate of Liability so that the creditor gets his preferred rights in the Right to Dependent. But if it only makes SKMHT and does not make APHT, then to carry out execution parate, SKMHT has no binding legal force. As well as the application of the principle of good faith to the process of transferring receivables to third parties which is a solution to unlawful acts, namely that in this case if the creditor applies the principle of good faith and is committed in the agreement, then the sale of the object of the Right of Liability can be carried out under the lower hand if thus it will be able to obtain the highest price that benefits all parties and/or give priority to the debtor to be the buyer.
Responsibilities and legal consequences of land deed drafting officials (PPAT) for deeds they make that give rise to double certificates Aslan Noor; Muhammad Yusuf; Kusmiadi, Kusmiadi; Karin Veronica Wijaya; Ilva Yuniarsi Maruf
Jurnal Info Sains : Informatika dan Sains Vol. 14 No. 01 (2024): Informatika dan Sains , Edition March 2024
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Multiple certificates in land transactions can have serious legal consequences, such as ownership disputes, legal uncertainty, and financial losses for the parties involved. This research aims to explore and analyze the responsibilities and legal consequences faced by Land Deed Making Officials (PPAT) in the context of making land deeds which result in the issuance of multiple certificates. This research uses a normative legal approach. The results of this research highlight the central role of Land Deed Officials (PPAT) in the context of land buying and selling transactions and their impact on the possibility of creating multiple certificates. Research shows that non-compliance with material requirements and falsification of data by one of the parties, such as a seller who does not have rights to the land he is selling, can result in the land sale and purchase deed being invalid. As a consequence, land certificates issued based on the invalid deed also become invalid and can be cancelled. Regarding legal responsibility, PPATs who are proven guilty may face criminal and administrative sanctions, including prison sentences, fines, as well as reprimands or dismissal from their positions. A better understanding of regulations and effective monitoring of PPAT performance is the key to maintaining the integrity and trust of the public in the land system. Thus, this research contributes to deepening understanding of the dynamics of the relationship between PPAT, land transactions and related legal aspects.
Co-Authors Aslan Noor Gregorius Patrich Setiawan Ilva Yuniarsi Maruf Kusmiadi, Kusmiadi MUHAMMAD YUSUF