Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia Legal Spirit
Aziziyah, Alvina Nur
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Tumpang Tindih Sertifikat Tanah Aziziyah, Alvina Nur; Tien Fitriyah, Mas Anienda
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4807

Abstract

Overlapping land certificates (Overlapping) is a situation where there are land parcels that overlap with other land parcels and there are multiple certificates for the same land parcel. This study aims to determine the causes of overlapping land certificates (overlapping) both in terms of internal factors and external factors and legal remedies for settlement and future legal remedies to overcome overlapping land certificates (overlapping). This research uses empirical juridical methods or research in the field that examines the implementation or implementation of applicable legal provisions and facts that occur in society. Data collection was carried out by field studies. Data analysis was carried out using qualitative analysis methods and using a qualitative approach. The results of this study indicate that the causes of overlapping certificates (overlapping) are digitalization and also a lack of land maintenance by the community. The legal effort that can be taken to resolve the dispute is by canceling the certificate which of course has gone through several stages of the process and the future legal action is to routinely conduct outreach to certificate holders and the Ministry of Agrarian Affairs/BPN will immediately carry out electronic certificates in order to reduce overlapping land certificates (overlapping).
Implementation The Precautionary Principle For Land Deed Officials In Making Deeds Of Granting Mortgage Rights Aziziyah, Alvina Nur; Krustiyati, J. M. Atik
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 8 No 2 (2024): December 2024
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v8i2.8059

Abstract

PPAT in carrying out legal actions must always act carefully. PPAT before making a deed, must examine all relevant facts in its considerations based on applicable laws and regulations. This study aims to determine the application of the principle of caution of PPAT in making APHT and to determine the responsibility of PPAT in making APHT whose formal requirements are not met. This study is an empirical juridical legal study, namely legal research on the implementation of normative legal provisions in real behavior in legal events that occur. The results of the study explain that PPAT must apply the principle of caution and pay attention to the procedures in making APHT, as per Article 10 of the Mortgage Law. If PPAT is not careful in checking important facts, it means that PPAT violates the Principle of PPAT caution only explained in Article 22 of PP PPAT that the PPAT Deed must be read/explained to the parties in the presence of at least 2 (two) witnesses before being signed immediately by the parties, witnesses and PPAT. PPAT is personally responsible for the implementation of his duties and positions in every deed, including making APHT. Therefore, the role of PPAT in making APHT for creditors and debtors is to bridge the interests of debtors with the interests of creditors so that both parties get a sense of justice, benefit, and legal certainty in binding the Mortgage Right guarantee so that there are no legal defects.
Co-Authors Krustiyati, J. M. Atik Tien Fitriyah, Mas Anienda