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TUMPANG TINDIH SERTIPIKAT DI KELURAHAN PEGADUNGAN, KOTA ADMINISTRASI JAKARTA BARAT: Overlapping Certificates in Pegadungan Village, West Jakarta Administrative City Desty Rachmawaty; Dinda Keumala
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19540

Overlapping certificates are the issuance of two or more certificates describing the same parcel of land. The formulation of the problem in this research is whether the issuance of Title Certificate Number 9567/Pegadungan in the name of Yahya H. Ahmad above Building Rights Title Certificate Number 15596/Pegadungan in the name of PT Cakradigdaya Lokaraya is valid according to the provisions of National Land Law. Normative juridical research type with analytical descriptive research nature and the type of data used is secondary data obtained from the literature study. Data analysis using qualitative method and deductive inference. Conclusion, based on the Certificate of Pegadungan Village Head, the girik used by Yahya H. Ahmad in the issuance of Title Certificate Number 9567/Pegadungan is not registered in Pegadungan Village, so the issuance of Title Certificate Number 9567/Pegadungan is not in accordance with the provisions of National Land Law, namely the Explanation of Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration.

KEABSAHAN KUITANSI SEBAGAI BUKTI JUAL BELI TANAH MENURUT HUKUM TANAH NASIONAL : Validity of Receipt As Proof of Land Sale According To the National Land Law Elvia Qonitah Maliha; Dinda Keumala
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19600

According to the National Land Law, the act of buying and selling land must meet the characteristics of clear, cash-based, and genuine transactions. The issue addressed in this research is the validity of land transactions conducted with receipt evidence, as per the National Land Law and the District Court Decision Number 191/Pdt.G/2021/PN Smg, and how to register the transfer of rights when the seller's whereabouts are unknown, also related to the aforementioned court decision. This study adopts a normative research approach with descriptive analysis. Secondary data obtained from literature studies are utilized, complemented by primary data to support the arguments. The research employs a qualitative analysis method, and conclusions are drawn using the deductive approach. It should be noted that a land transaction conducted solely with a receipt as evidence, without a Sale and Purchase Deed executed before a Land Deed Making Official, cannot be deemed valid according to the National Land Law, as it fails to fulfill the clear transaction nature and the formal requirements of buying and selling.

TUMPANG TINDIH SERTIPIKAT DI KELURAHAN PEGADUNGAN, KOTA ADMINISTRASI JAKARTA BARAT: Overlapping Certificates in Pegadungan Village, West Jakarta Administrative City Rachmawaty, Desty; Keumala, Dinda
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19540

Overlapping certificates are the issuance of two or more certificates describing the same parcel of land. The formulation of the problem in this research is whether the issuance of Title Certificate Number 9567/Pegadungan in the name of Yahya H. Ahmad above Building Rights Title Certificate Number 15596/Pegadungan in the name of PT Cakradigdaya Lokaraya is valid according to the provisions of National Land Law. Normative juridical research type with analytical descriptive research nature and the type of data used is secondary data obtained from the literature study. Data analysis using qualitative method and deductive inference. Conclusion, based on the Certificate of Pegadungan Village Head, the girik used by Yahya H. Ahmad in the issuance of Title Certificate Number 9567/Pegadungan is not registered in Pegadungan Village, so the issuance of Title Certificate Number 9567/Pegadungan is not in accordance with the provisions of National Land Law, namely the Explanation of Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration.

KEABSAHAN KUITANSI SEBAGAI BUKTI JUAL BELI TANAH MENURUT HUKUM TANAH NASIONAL : Validity of Receipt As Proof of Land Sale According To the National Land Law Maliha, Elvia Qonitah; Keumala, Dinda
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19600

According to the National Land Law, the act of buying and selling land must meet the characteristics of clear, cash-based, and genuine transactions. The issue addressed in this research is the validity of land transactions conducted with receipt evidence, as per the National Land Law and the District Court Decision Number 191/Pdt.G/2021/PN Smg, and how to register the transfer of rights when the seller's whereabouts are unknown, also related to the aforementioned court decision. This study adopts a normative research approach with descriptive analysis. Secondary data obtained from literature studies are utilized, complemented by primary data to support the arguments. The research employs a qualitative analysis method, and conclusions are drawn using the deductive approach. It should be noted that a land transaction conducted solely with a receipt as evidence, without a Sale and Purchase Deed executed before a Land Deed Making Official, cannot be deemed valid according to the National Land Law, as it fails to fulfill the clear transaction nature and the formal requirements of buying and selling.

PERBANDINGAN HUKUM JUAL BELI TANAH DI INDONESIA DAN LAOS: Comparison Of Land Sale And Purchase Laws In Indonesian And Laos Putri, Febby Permata; Keumala, Dinda
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/1gk53714

Differences in land buying and selling laws in Indonesia and Laos are due to different conceptions adopted by each country. The formulation of the problem in this study is how are the similarities and differences in the laws of buying and selling land in Indonesia and Laos. The conclusion of this study is the similarity, regarding the arrangement of land rights, where foreign nationals cannot buy land to be controlled permanently; its land registration system; the function of the deed of sale and purchase of land; and land sale and purchase registration function. In addition to similarities, there are also differences regarding the regulations/legal basis for buying and selling land; definition of buying and selling land; implementation of land sale and purchase; making deed of sale and purchase of land; land sale and purchase registration; or at the time of the transfer of rights.

PERMASALAHAN PENERBITAN SERTIPIKAT BERDASARKAN AKTA JUAL BELI DI KECAMATAN CILINCING, JAKARTA UTARA: Problems Of Issuing Certificates Based On Deeds Of Sale And Purchase In Cilincing District, North Jakarta Agung Daniel Panogari Simanjuntak; Dinda Keumala
AMICUS CURIAE Vol. 2 No. 2 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i2.22998

The transfer of rights through sale and purchase must be evidenced by a Sale and Purchase Deed made by the Land Deed Official (PPAT), which serves as proof of the transfer of rights from the seller to the buyer and for land registration purposes. The identification of the problem in this research is the validity of five Sale and Purchase Deeds made before Slamet Musyianto, S.H., PPAT in North Jakarta Administration City and whether the issuance of five certificates in the name of Aspah Supriadi derived from those deeds in the PTSL program in Cilincing District by the Land Office of North Jakarta Administration City complies with the National Land Law provisions. This research uses a normative type with a descriptive nature. Secondary data was collected through literature study. Analysis was conducted qualitatively with conclusions drawn deductively. Based on the research results and conclusions, it is concluded that the Sale and Purchase Deeds made before the PPAT are invalid because they do not meet the requirements of land sale and purchase under the National Land Law and the criteria for making Sale and Purchase Deeds. Furthermore, the issuance of certificates under the PTSL program does not comply with applicable regulatory provisions.

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