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All Journal Literatus ARBITER: Jurnal Ilmiah Magister Hukum International Journal of Business, Law, and Education Journal of Law & Policy Review
Agustining, Agustining
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Journal : Journal of Law

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Pembatalan Akta Jual Beli Tanah Atas Dasar Perbuatan Melawan Hukum Berdasarkan Putusan Pengadilan (Studi Kasus Putusan Pengadilan Tinggi Denpasar Nomor 63/PDT/2020/PT.DPS) Marito, Bintang; Tony, Tony; Agustining, Agustining; Ketaren, Marianne Magda
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.266

Abstract

This research uses a normative juridical approach method, with the data used is secondary data, namely data that supports information or supports the completeness of Primary Data obtained from libraries and the author's personal library collection carried out by means of library or literature studies. Data analysis used normative analysis, that is, the collected data is expressed in the form of a logical and systematic description, then analyzed to obtain clarity in solving the problem, then conclusions are drawn deductively, namely from general matters to specific matters. Based on the results of the research, it can be seen that the validity of the Deed of Sale and Purchase Number 619/2012 is considered to be legally flawed in subjective terms because of fraud or engineering fraud, mistakes, lies or deception is related to to whom the sale and purchase transaction of the disputed object should be carried out. The result is that the transfer of the Certificate of Ownership Number 2636/Sukawati Village is declared invalid and does not have binding legal force, so in this case the Plaintiffs are still the legal owners of the disputed object.
Saksi Pejabat Notaris dalam Persidangan Perdata: Studi Kasus Pengadilan Negeri Semarapura Bali Nomor 53/Pdt.G/2020/PN.SRP Tanggal 05 November 2020 Silaen, Petrus Edison; Kamelo, Tan Edison; Agustining, Agustining; Sidabariba, Burhan
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.316

Abstract

Notaries/PPAT can act as plaintiffs' witnesses if they are aware of incidents that become the core of disputes beyond their notarial duties. This study discusses the presence of Notaries/PPAT as plaintiffs' witnesses based on Civil Law and Law Number 2 of 2014 concerning the position of Notaries. A case study was conducted on the decision of the Semapura Bali District Court Number 53/PDT.G/2020/PN.SRP on November 5, 2020. This research is normative legal and socio-legal research with a descriptive-analytic approach. Data were collected from secondary and primary sources and analyzed qualitatively. The results show that the presence of Notaries/PPAT as plaintiffs' witnesses considers Civil Law and the Law concerning the position of Notaries/PPAT. The presence of Notaries/PPAT as plaintiffs' witnesses can be rejected based on the right of refusal regulated by the law. The Notary Honorary Board (MKN) acts as legal protection, assesses the authority of Notaries/PPAT, and maintains confidentiality by legal provisions. The role of Notaries/PPAT as a witness in court is to provide legal explanations.
Co-Authors Azharuddin Azharuddin, Azharuddin Devinny, Kelly HASIM PURBA Kamelo, Tan Edison Ketaren, Marianne Magda Marito, Bintang Rivai, Yasdan Rizki, Mohd. Arif Sidabariba, Burhan Silaen, Petrus Edison Suprayitno Suprayitno Sutiarnoto Sutiarnoto Syafira, Rizki Putri Tony Tony