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All Journal Journal of Law, Poliitic and Humanities
Gunawan Djajaputra
Tarumanagara University, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of the Judgment of the Judge in the Settlement of Default Agreement Debts (Case Study Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) Shafaa Alaadini Yuan; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1105

Abstract

Analysis of Judges' Considerations in Settling Defaults in Debt Agreement (Case Study of Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) aims to examine how judges assess default cases and reflect relevant civil law principles. This research uses a normative legal method with a statutory approach. The results showed that in the decision, the judge considered the authentic deed of acknowledgment of debt made by the defendant as valid evidence of the agreement between the plaintiff and the defendant. Although the defendant acknowledged the debt, the judge found that the defendant did not fulfill its obligation to pay, which was considered a default. The judge also emphasized the importance of good faith in the execution of the agreement, asserting that the collateral in the form of land certificates provided by the defendant did not change the fact that the obligation had not been fulfilled. Finally, the judge granted the plaintiff's claim, affirming the protection of violated rights and demonstrating a commitment to upholding justice in the legal system. This decision reflects the application of fundamental civil law principles, emphasizing the importance of authentic deeds, the definition of default, and the need to comply with agreed obligations. Through careful analysis of evidence and enforcement of creditors' rights, this decision not only resolves the dispute but also educates the public on civil law, encouraging integrity and compliance in transactions
Legal Review of Land Certificates Affected by Forest Areas in Indonesia Marisyah Taher; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1106

Abstract

This research examines the legal review of land certificates affected by forest areas according to the Indonesian Basic Agrarian Law (UUPA) and its implications within forest regions. Under the UUPA, land encompasses not only the surface but also the subsoil, establishing legal relationships between individuals or legal entities and the land, which results in specific legal statuses. The UUPA regulates land rights, including permanent rights, statutory rights, and temporary rights. Land registration is mandated to ensure legal certainty for rights holders and to provide protection by issuing valid certificates. These certificates serve as strong evidence of ownership, though they can be annulled if administrative or material errors are found. In the context of forest areas, land regulation becomes more complex. Forest areas, as stipulated by the Forestry Law, require protection and must be exempt from individual or corporate rights, as such rights can threaten the sustainability of forest ecosystems. To address land ownership conflicts within forest regions, the government has issued Presidential Regulations that govern the processes for managing, organizing, and resolving disputes in forest areas through various mechanisms, including social forestry programs. Agrarian reform is also implemented through land redistribution to promote welfare and equity. However, despite regulations governing certificates within forest areas, no specific policy exists regarding the annulment of certificates in these zones. Annulment is needed as a legal remedy for ownership disputes that may arise due to administrative defects or illegality
Co-Authors Marisyah Taher Shafaa Alaadini Yuan