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Gunawan Djayaputra
Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia

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Urgensi Pelaksanaan Kebebasan Berkontrak dalam Merumuskan Perjanjian Guna Mewujudkan Keadilan Bagi Para Pihak Andita Putri Nabila; Gunawan Djayaputra
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1246

Abstract

The principle of freedom of contract is a principle that is used as the basis for the existence of standard contracts in regulating legal relations between business actors and consumers, but the application of this principle requires that the parties to the contract have a balanced position so that the rights and obligations, provisions in the contract can accommodate all interests. the parties. Freedom of contract is an essential legal aspect of individual freedom. In its development, it turns out that freedom of contract can bring injustice because this principle can only achieve its goal, namely bringing optimal welfare as possible if the parties have balanced bargaining power. In reality, this often does not happen so the state considers it necessary to intervene to protect the weak party. The imbalance in the position of business actorsa and consumers causes the provisions in standard agreements to be more profitable for business actors and detrimental to consumers. Therefore, it is necessary to limit the application of the principle of freedom of contract in standard contracts by enforcing regulations that prohibit certain clauses from being included in standard contracts, as well as monitoring the use of standard contracts in business activities.
Tinjauan Yuridis Sengketa Peralihan Hak Atas Tanah Hibah Ditinjau Berdasarkan Peraturan Perundang-Undangan Muhammad Afrizal Pramudito; Gunawan Djayaputra
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1488

Abstract

Soil is a source of life not only for humans but for every living creature on earth such as animals and plants. In the Civil Code, land is categorized as immovable objects in accordance with Article 506 of the Civil Code. The transfer of land rights in the form of a grant is often a problem in people's lives. The definition of a gift is regulated in Article 1666 of the Civil Code, namely: "A gift is an agreement whereby the donor, during his or her lifetime, freely and irrevocably hands over an object for the needs of the recipient of the gift who receives the gift. That. The law does not recognize other gifts other than gifts between living people." The research method used is normative legal research. Normative juridical method writing is a writing method that is carried out by researching library material. The nature of the research used is analytical descriptive where the writing team tries to describe the transfer of grants that are not registered with PPAT or known as verbal grants according to the applicable laws and regulations. The transfer of land rights must be proven by an authentic deed issued by the PPAT or Land Office in the area where the dispute occurs. Giving a gift orally without a PPAT deed is considered invalid even though it meets the legitimacy of the portie, but the transition is still used verbally without any authentic evidence. Legal certainty for grant recipients is regulated in Article 37 of Government Regulation 40 of 1997 concerning Land Registration which states that the transfer of land rights and ownership rights to apartment units is through sale and purchase, exchange, grant, entry into a company and other legal acts of transfer of rights. In proving the validity of a Grant Deed, it must have external, formal and material evidential strength, and the process of making a Grant Deed fulfills the specified elements. Settlement of gift disputes is a deliberation between the heirs. Every grantor in providing a grant must openly state it in the PPAT deed so that it can be proven if a dispute occurs.