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All Journal Jurnal Hukum Respublica Law Research Review Quarterly
Asael, Muhammad
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Education Law, Crime, Criminology & Criminal Justice

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Di, At Proses Penyelesaian Sengketa Perbuatan Melawan Hukum Oleh Penguasa Melalui Pengadilan Tata Usaha Negara di Indonesia Tino Adiantomo, Yulius; Asael, Muhammad; Miswadi, Robin Krisna; Rachman, Shofwan
Jurnal Hukum Respublica Vol. 22 No. 2 (2023): Jurnal Hukum Respublica
Publisher : Faculty of Law Universitas Lancang Kuning

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31849/respublica.v22i2.13689

Abstract

In carrying out governmental tasks, government officials or agencies are given broad authority in accordance with the proportion of their positions. This broad authority allows for abuse of authority, so that on the part of the community, forms of loss arise in the form of injustice, which is certainly contrary to applicable law. This is often referred to as an unlawful act by the authorities, which in Dutch means onrechmathige daad, so to avoid this, another institution is needed to control the government implementing agency. The Indonesian state adheres to the theory of trias politica in which the executive branch is controlled by equal institutions, namely the legislature and the judiciary. In carrying out state duties, the executive branch is controlled by a judiciary, namely the State Administrative Court (PTUN). In this case, it is necessary to know regarding the role of the TUN Judiciary, namely the implementation of state administration such as the termination of disputes carried out by individuals or civil bodies against officials or government agencies that arise because of the issuance of TUN Decisions and law enforcement in an act against the law by the authorities effectively and efficient
VALIDITY OF LAND SALE AND PURCHASE DEED IN TRANSACTIONS WITH UNPAID BALANCE Asael, Muhammad; Suhadi
Law Research Review Quarterly Vol. 11 No. 2 (2025): Contemporary Issues in Crime and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i2.27242

Abstract

This study aims to examine the legal validity of the Deed of Sale and Purchase (AJB) of land in transactions where the buyer has not fully settled the payment. This phenomenon frequently occurs in land practices in Indonesia and raises legal concerns regarding the legal strength of AJB as an authentic deed made by a Land Deed Official (PPAT), especially in the case of breach of contract. The research focuses on two main aspects: the validity of AJB in incomplete payment transactions under agrarian law and PPAT regulations, and the legal mechanism for its cancellation and protection for aggrieved parties. A normative legal approach is used by analyzing statutory regulations, legal principles, and relevant court decisions. The findings show that while AJB remains formally valid if procedural requirements are fulfilled, it may be materially flawed when the payment condition as a substantive requirement is unmet. Cancellation of AJB may be pursued through a civil lawsuit for breach of contract, with the burden of proof placed on the seller. This study recommends strengthening regulations on payment verification by PPAT and incorporating breach of contract clauses in preliminary agreements to enhance legal protection and certainty in land sale transactions.
Co-Authors Miswadi, Robin Krisna Rachman, Shofwan Suhadi Tino Adiantomo, Yulius