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All Journal POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) Protection: Journal Of Land And Environmental Law
Yanti, Ni Kadek Putri
Unknown Affiliation
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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THE URGENCY OF ELECTRONIC REGISTRATION OF FIDUCIARY GUARANTEES BY NOTARY Yanti, Ni Kadek Putri; Wesna, Putu Ayu Sriasih
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 3 (2024): JULY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i3.1412

Abstract

The primary goal of this study is to explore the legal underpinnings of electronically registering fiduciary guarantees through public notaries, as well as to examine the legal implications of not electronically registering fiduciary guarantees through public notaries. This study employs normative legal research methodology and utilizes both statutory interpretation and legal conceptual analysis. This research highlights that the legal foundation for electronic registration of fiduciary guarantees is established by Minister of Law and Human Rights Regulation Number 9 of 2013, which addresses the Implementation of Electronic Fiduciary Registration, and Minister of Law and Human Rights Regulation Number 10 of 2013, which outlines the Procedures for Registering Fiduciary Security Electronically. If the fiduciary guarantee remains unregistered, it will result in legal consequences, as it will lack legal force. Although a fiduciary guarantee deed executed before a notary will be considered a notarial deed, it will not hold legal validity without registration. The notarial deed will have the same legal force as a private deed because the notary has not registered the fiduciary guarantee electronically.
The Principle of Good Faith in Purchase Agreements for Land Ownership YANTI, Ni Kadek Putri; WIJAYA , I Ketut Kasta Arya; AGUNG , Anak Agung Istri
Protection: Journal Of Land And Environmental Law Vol. 4 No. 1 (2025): Protection: Journal Of Land And Environmental Law. (July – October 2025)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/pjlel.v4i1.1460

Abstract

This research examines the principle of good faith in the sale and purchase agreement of land ownership rights. In practice, there are occurrences of multiple sale and purchase agreements for land ownership rights. In this event, the seller conducted two binding sale and purchase agreements for land ownership rights with different buyers, resulting in losses for the first buyer. Based on this, the seller is deemed not to have acted in good faith in making the sale and purchase agreement. The research used in this study is normative legal research. The approaches used in this research are legislative approach, case approach, and conceptual approach. The sources of legal materials utilize primary legal materials and secondary legal materials. The technique for collecting legal materials used in this research is through library techniques and document studies, which are then qualitatively analyzed by providing descriptions related to the application of the principle of good faith in the sale and purchase agreement of land ownership. The principle of good faith in ownership sale and purchase agreements for land is regulated in Article 1338 paragraph (3) of the Civil Code. Additionally, it is also reflected in the provisions of Article 1320 of the Civil Code which governs the valid conditions of agreements. Furthermore, the legal consequences for the seller in a sales agreement that is not based on good faith are null and void by law because it contradicts the principle of good faith and does not meet the objective requirements for a valid agreement.
Co-Authors AGUNG , Anak Agung Istri Putu Ayu Sriasih Wesna