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KAJIAN KEABSAHAN JUAL BELI TANAH MENURUT PERATURAN PERUNDANG-UNDANGAN (STUDI PUTUSAN 40/PDT.G/2020/PN BKS) Devana Mustika; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Land sales and purchases pursuant to Article 37(1) of PP Number 24 of 1997 must be done in front of the PPAT with documentation from the PPAT deed, but pursuant to Decision 40/Pdt.G/2020/Pn.Bks. The sale or purchase is not made prior to the PPAT and is only supported by a receipt. The issue at hand is whether Song Lung (Hendra Budiman) and Susiah Suprihatin's sale and purchase of land and buildings was legal and whether the judge's ruling on the legality of buying and selling land without a sale and purchase deed complied with statutory requirements. The secondary data employed in the normative legal research technique is descriptive in character and is Deductive conclusions are reached after qualitative analysis. The study's findings, analysis, and conclusion state that while the sale and purchase between Song Lung (Hendra Budiman) and Susiah Suprihatin is legal under customary law, it is invalid under the provisions of the PP Number 24 of 1997, specifically Article 37 paragraph (1), the PP Number 37 of 1998, specifically Articles 2 paragraphs (1) and (2), and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 16 of 2021.

ANALISIS YURIDIS JUAL BELI TANAH DI KOTA BEKASI (STUDI PUTUSAN 461/PDT.G/2019/PN BKS) Adjeng Sri Muliya; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol. 4 No. 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

According to the National Land Law, selling and buying land involves permanently transferring ownership of the land in exchange for a clearly stated price between the seller and the buyer. The question at hand is whether the parties' sales and purchases complied with the relevant land laws, as well as whether the judge's ruling on Number 461/Pdt.G/2019/PN BKS addressing the legality of selling and buying land complied with laws and regulations. This study, to describe secondary data, is a descriptive normative legal study. Additionally, a qualitative analysis and logical conclusion were drawn from the data. According to the study's findings, when considering the material terms of a deal, buying and selling between parties is deemed legal. purchase, but when considered in light of the stipulations of Government Regulation Number 24 of 1997 Article 37 Paragraph 1 and Regulation of the Minister of Agrarian Affairs Number 3 of 1997 Article 94 Paragraphs 1 and 2, it may be claimed that it does not meet the formal requirements of buying and selling. In this case, the judge ruled that the sale and purchase of land without a sale and buy document was not in compliance with the rules and regulations in force.

TINJAUAN YURIDIS MENGENAI PRINSIP ITIKAD BAIK DALAM PENOLAKAN KLAIM ASURANSI JIWA KREDIT Millania Tri Rahmadhani; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Because of a breach of the concept of good faith (Utmost Good Faith), which is governed by article 251 of the Indonesian Commercial Code, insurance claims for life insurance are frequently denied by the insurer. The matter is stated as follows: What are the legal remedies for credit life insurance that is not paid by PT Cigna Insurance? The application of descriptive normative research methodologies, the qualitative processing of secondary data, and the deductive drawing of conclusions. The findings of the study, the discussion, and the conclusion that PT. Cigna Insurance's decision to deny credit life insurance claims was modified by article 251 of the Criminal Code led to the discovery that the reasons for the decision were made to the fact that RR. L. Nuning Lestari M is the late Alm. Agoes Soegiarto's successor was brought about by a breach of the covenant of good faith between RR. L. Nuning Lestari M and Alm. Agoes Soegiarto.

PENGGUNAAN ASAS SEDERHANA DALAM PENDAFTARAN TANAH ELEKTRONIK (STUDI KASUS KANTOR PERTANAHAN KOTA TANGERANG): Use of Simple Principle Electronic Land Registration (Case Study of Tangerang City Land Office) Suluh Annastasya Hermanto; Novina Sri Indiraharti
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.v1i1.19661

Electronic land registration begins with the government's innovation to create a simple principle in land registration services, with the problem of whether the simple principle of electronic land registration at the Tangerang City Land Office is in accordance with the applicable provisions, and how to resolve the law if there are legal constraints in electronic land registration at the Tangerang City Land Office. The methodology of research used in this journal is normative research with The conclusion of this research is a simple principle in land registration regulated in article 2 of Government Regulation No. 24 of 1997 aims to make the procedure of land registration easier to understand and does not take long, however its implementation has not been fulfilled and in its implementation there are also legal obstacles, namely that there is often a data mismatch with those in the field which has an impact on legal

KAJIAN KEABSAHAN JUAL BELI TANAH MENURUT PERATURAN PERUNDANG-UNDANGAN (STUDI PUTUSAN 40/PDT.G/2020/PN BKS) Devana Mustika; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14105

Land sales and purchases pursuant to Article 37(1) of PP Number 24 of 1997 must be done in front of the PPAT with documentation from the PPAT deed, but pursuant to Decision 40/Pdt.G/2020/Pn.Bks. The sale or purchase is not made prior to the PPAT and is only supported by a receipt. The issue at hand is whether Song Lung (Hendra Budiman) and Susiah Suprihatin's sale and purchase of land and buildings was legal and whether the judge's ruling on the legality of buying and selling land without a sale and purchase deed complied with statutory requirements. The secondary data employed in the normative legal research technique is descriptive in character and is Deductive conclusions are reached after qualitative analysis. The study's findings, analysis, and conclusion state that while the sale and purchase between Song Lung (Hendra Budiman) and Susiah Suprihatin is legal under customary law, it is invalid under the provisions of the PP Number 24 of 1997, specifically Article 37 paragraph (1), the PP Number 37 of 1998, specifically Articles 2 paragraphs (1) and (2), and the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 16 of 2021.

ANALISIS YURIDIS JUAL BELI TANAH DI KOTA BEKASI (STUDI PUTUSAN 461/PDT.G/2019/PN BKS) Adjeng Sri Muliya; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 4 No 2 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i4.14109

According to the National Land Law, selling and buying land involves permanently transferring ownership of the land in exchange for a clearly stated price between the seller and the buyer. The question at hand is whether the parties' sales and purchases complied with the relevant land laws, as well as whether the judge's ruling on Number 461/Pdt.G/2019/PN BKS addressing the legality of selling and buying land complied with laws and regulations. This study, to describe secondary data, is a descriptive normative legal study. Additionally, a qualitative analysis and logical conclusion were drawn from the data. According to the study's findings, when considering the material terms of a deal, buying and selling between parties is deemed legal. purchase, but when considered in light of the stipulations of Government Regulation Number 24 of 1997 Article 37 Paragraph 1 and Regulation of the Minister of Agrarian Affairs Number 3 of 1997 Article 94 Paragraphs 1 and 2, it may be claimed that it does not meet the formal requirements of buying and selling. In this case, the judge ruled that the sale and purchase of land without a sale and buy document was not in compliance with the rules and regulations in force.

TINJAUAN YURIDIS MENGENAI PRINSIP ITIKAD BAIK DALAM PENOLAKAN KLAIM ASURANSI JIWA KREDIT Millania Tri Rahmadhani; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15087

Because of a breach of the concept of good faith (Utmost Good Faith), which is governed by article 251 of the Indonesian Commercial Code, insurance claims for life insurance are frequently denied by the insurer. The matter is stated as follows: What are the legal remedies for credit life insurance that is not paid by PT Cigna Insurance? The application of descriptive normative research methodologies, the qualitative processing of secondary data, and the deductive drawing of conclusions. The findings of the study, the discussion, and the conclusion that PT. Cigna Insurance's decision to deny credit life insurance claims was modified by article 251 of the Criminal Code led to the discovery that the reasons for the decision were made to the fact that RR. L. Nuning Lestari M is the late Alm. Agoes Soegiarto's successor was brought about by a breach of the covenant of good faith between RR. L. Nuning Lestari M and Alm. Agoes Soegiarto.

JUAL BELI TANAH ANTARA AHLI WARIS ALMARHUMAH HADIDJAH DENGAN ALMARHUM SOPYAN SYAHRONI (STUDI KASUS PUTUSAN NO. 8/PDT.G/2018/PN.BDG) : Land Sale and Purchase Between the Heirs of Almarhum Hadidjah with Almarhum Sopyan Syahroni (Case Study of Decision No. 8/Pdt.G/2018/PN.Bdg) Salsabila Prajna Damayanti; Novina Sri Indiraharti
Reformasi Hukum Trisakti Vol 6 No 1 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i1.18922

Sale and purchase is a legal act of transfer rights that is clear, cash, and real, there was sale and purchase of land between the heirs of the late Hadidjah and the late Sopyan Syahroni. It turned out that the seller certified and sold it to a third party. The main issue is whether the sale and purchase between the Heirs of Almh. Hadidjah with the late Sopyan Syahroni is valid according to the law. Even though the formal requirements and the orderly administration of land registration do not necessarily make the sale and purchase invalid, because the sale and purchase is considered valid if it has fulfilled the requirements of cash, light, and real based on customary law and the panel of judges has been correct in deciding the party entitled to the disputed land based on the publication system of land registration in Indonesia, namely a negative publication system that contains positive elements where because the heirs of Alm. Sopyan Syahroni could prove that they were the rightful landowners, Rudi Sanjaya and H. Toat as the last landowners lost their rights despite having bought in good faith.

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