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KONSINYASI PENGADAAN TANAH AKIBAT TUMPANG TINDIH KEPEMILIKAN TANAH MILIK SAMPOERNA AGRO Annisa Putri Kusumawardani; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Pematang Panggang-Kayu Agug II toll road building project involved land acquisition. PT Sampoerna Agro Tbk is the owner of the impacted property. Other parties make claims during the compensation procedure, turning the land become the subject of a legal dispute. The problem is how compensation is assigned in court for the acquisition of land owned by PT Sampoerna Agro Tbk. Additionally, how does the judge view the concurrent issue involving PT Sampoerna Agro Tbk's land use rights that resulted in a consignment? The research is normative legal research, descriptive in character and is obtained from secondary data and primary data and for drawing conclusions will use deductive logic. The conclusion is the procurement of land for the Pematang Panggang-Kayu Agung II toll road on land owned by PT Sampoerna Agro Tbk has complied with the applicable regulations, but the consignment made is slightly different from the applicable regulations and there are principles of land acquisition and application of social functions in Article 6 of the UUPA which have been violated. The judge's consideration in the decision has won PT Sampoerna Agro Tbk in the right of ownership over land for oil palm plantations.

KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI Sarah Jasmine Syafitri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In reality, there are still lots of barriers to the execution's implementation, necessitating judicial resolution. The issue at hand in this investigation is whether the execution carried out by creditors complies with the law and how the judge regarded the execution of mortgage rights over land in Decision Number 13/Pdt.Plw/2016/PN Bukit Tinggi. Research of this kind is normative and descriptive in the legal field. The information used in this study comes from primary data sources, and secondary data, the data collection of which was obtained through a literature study. The analytical method is done with a qualitative approach and conclusions are drawn using deductive logic. In conclusion, the creditor has carried out the execution of the Mortgage in accordance with the Mortgage Law based on Article 6 of the Mortgage Law, namely through a public auction whose implementation procedures are in accordance with the auction procedure. The legal provisions used by the Panel of Judges in their considerations were not in accordance with the provisions that should have been.

PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR Saskia Aulia Putri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.

ANALISIS GRONDKAART MILIK PT. KAI (PERSERO) SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH Virgia Intansari; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In the Kebon Kelapa Village, in Central Jakarta, there has been a Dispute of Overlapping Land Rights in which a Certificate of Building Use Rights has been issued on the same plot of land over the state asset land whose control has been granted to PT KAI (Persero) which is still in the form of a Grondkaart or land map. Grondkaart is proof of the inheritance of the Dutch East Indies railway assets which were inherited by PT KAI (Persero). This situation prompted the author to find out the status of the land owned by PT KAI (persero) before the enactment of Law Number 5 of 1960 concerning Basic Agrarian Principles and the considerations of the Bandung High Court Judge Number 209/PDT/2019/PT.BDG regarding the legal power of grondkaart PT KAI (persero) as proof of ownership land according to the Agrarian Law. This article uses normative and secondary data, conclusions were drawn using deductive logic methods. The conclusion from the Juridical Analysis is that the status of Grondkaart before the issuance of the UUPA was State Land, and with the publication of the UUPA, Grondkaart should have been converted into a Right to Use by carrying out the Land Registration procedure.

ANALISIS YURIDIS PEMBERIAN PENGGANTIAN RUGI PENYEDIAAN LAHAN PEMBANGUNAN SALURAN UDARA TEGANGAN TINGGI Made Bhisma Abidharma Merada; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

It is frequently difficult to provide land within the framework of the public interest. The issue is: is the supply of compensation in the case of Decree Number 3/Pdt.G/2021/PN Sag complies with Law No. 2 of 2012? and how is Land Provided for Building SUTT in Sanggau Regency, West Kalimantan Province? The research is normative, with a description of secondary data and using qualitative analysis and logical reasoning. Research findings, analysis, and conclusions West Kalimantan Province's Sanggau Regency provides land for the construction of SUTT by performing an inventory and Identification of those in possession of, using, and controlling the land; Compensation assessment; Determination of discussions regarding Loss Compensation; Provision of compensation in accordance with the terms outlined in Article 27 (2) of Law No. 2 of 2012, as well as the provision of compensation based on the findings of the land appraisal team and discussions with the land owners who will receive compensation in Sanggau Regency, West Kalimantan Province, in accordance with Articles 34 and 37 (1) of Law No. 2 of 2012 and Article 63 of the President of the Republic of Indonesia's Regulation.

ANALISIS KEABSAHAN JUAL BELI TANAH BERDASARKAN KWITANSI DI KOTA DEPOK Raden Devina Maulina; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

According to customary law, purchasing and selling land is an act of transferring rights that are monetary, tangible, and clear in character. The sale and purchase of land by Agus Ariyanto and Sunaryo was not made a deed before the PPAT; rather, it was only proved by a receipt and a statement of sale and purchase in the case of District Court Decision No. 87/Pdt.G/2018/PN.Dpk. However, there are still purchasing and selling practices in people's lives that do not fulfill the clear nature. creation of the issue; Are legal considerations and the judge's ruling in case number 87/Pdt.G/2018/PN.Dpk about purchasing and selling real estate using just receipt evidence in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The research method is descriptive normative legal research. The data used are secondary data with primary data and analyzed qualitatively and drawing conclusions with deductive logic. Research results, discussion and conclusions; the sale and purchase of land carried out by Agus Ariyanto (Buyer) and Sunaryo (Seller) can be said to be valid according to the provisions of the Civil Code and fulfills material requirements. 37 of 1998 concerning Regulations for the Position of Officials Making Land Deeds.

PARATE EKSEKUSI ATAS TANAH HAK MILIK SEBAGAI JAMINAN UTANG Elvira Diba Fahlevi; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i6.15255

A credit arrangement existed between M.Nova Irdiansa, the debtor, and Bank CIMB Niaga, the creditor, in the case that took place on October 20, 2014. In its ruling on the issue, the Supreme Court's panel of judges rejected the plaintiffs' request for a memorandum of cassation, which was included in the judgement. The plaintiffs in this case, M.Nova Irdiansa and Hj.Enny Adriati, are subject to Article 6 of the Mortgage Act (Parate Eksecusi), which provides legal certainty for debt repayment. The issue is whether Bank CIMB Niaga's execution of mortgage rights on freehold land through a public auction complies with the Minister of Finance Regulation Number 27/PMK.06/2016. Research method is normative law, analytical descriptive, the source literature studies, interviews informants and using deductive logic method. The results the research, discussion and conclusion are that the judge rejected the plaintiffs' cassation because Bank CIMB Niaga was proven to have been authorized by law to carry out executions without the consent of the debtor granting Mortgage Rights (Parate Execution), the implementation of which was based on the promise in Article 2 number 6 Deed of Granting Mortgage Rights (APHT) Number 233/2014, namely by way of auction because it had been agreed beforehand.

KONSINYASI PENGADAAN TANAH AKIBAT TUMPANG TINDIH KEPEMILIKAN TANAH MILIK SAMPOERNA AGRO Annisa Putri Kusumawardani; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13406

The Pematang Panggang-Kayu Agug II toll road building project involved land acquisition. PT Sampoerna Agro Tbk is the owner of the impacted property. Other parties make claims during the compensation procedure, turning the land become the subject of a legal dispute. The problem is how compensation is assigned in court for the acquisition of land owned by PT Sampoerna Agro Tbk. Additionally, how does the judge view the concurrent issue involving PT Sampoerna Agro Tbk's land use rights that resulted in a consignment? The research is normative legal research, descriptive in character and is obtained from secondary data and primary data and for drawing conclusions will use deductive logic. The conclusion is the procurement of land for the Pematang Panggang-Kayu Agung II toll road on land owned by PT Sampoerna Agro Tbk has complied with the applicable regulations, but the consignment made is slightly different from the applicable regulations and there are principles of land acquisition and application of social functions in Article 6 of the UUPA which have been violated. The judge's consideration in the decision has won PT Sampoerna Agro Tbk in the right of ownership over land for oil palm plantations.

KEPASTIAN HUKUM EKSEKUSI HAK TANGGUNGAN BERDASARKAN STUDI PUTUSAN NOMOR 13/PDT.PLW/2016/PN BUKIT TINGGI Sarah Jasmine Syafitri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13423

In reality, there are still lots of barriers to the execution's implementation, necessitating judicial resolution. The issue at hand in this investigation is whether the execution carried out by creditors complies with the law and how the judge regarded the execution of mortgage rights over land in Decision Number 13/Pdt.Plw/2016/PN Bukit Tinggi. Research of this kind is normative and descriptive in the legal field. The information used in this study comes from primary data sources, and secondary data, the data collection of which was obtained through a literature study. The analytical method is done with a qualitative approach and conclusions are drawn using deductive logic. In conclusion, the creditor has carried out the execution of the Mortgage in accordance with the Mortgage Law based on Article 6 of the Mortgage Law, namely through a public auction whose implementation procedures are in accordance with the auction procedure. The legal provisions used by the Panel of Judges in their considerations were not in accordance with the provisions that should have been.

PERLINDUNGAN HUKUM KREDITUR PEMEGANG HAK TANGGUNGAN YANG JAMINANNYA BATAL MENJADI MILIKNYA DEBITUR Saskia Aulia Putri; Irene Eka Sihombing
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13429

Legally, Mortgage Guarantee exists to safeguard both borrowers' and creditors' interests. If the debtor defaults, the mortgage acts as a guarantee for the creditor. However, it should be taken into consideration if the mortgage's disputed subject matter is canceled as a result of the transfer of land rights to the debtor. This study employs normative legal research techniques. Every legal document is qualitatively examined before conclusions are reached using deductive reasoning. The study's findings support the interpretation of Article 18 paragraph (4) of the Mortgage Law, which states that the cancellation of a mortgage due to the loss of land rights burdened by the mortgage does not result in the cancellation of the guaranteed debt. Regarding unlawful acts committed by the debtor, the creditor can file a lawsuit against the debtor based on Article 1365 of the Civil Code to the District Court.

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