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All Journal Legal Standing : Jurnal Ilmu Hukum Journal of Law, Poliitic and Humanities
Nurwidianti, Maudy
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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THE CONNECTED OF THE SUPREME COURT DECISION NUMBER 109/PK/PDT/2022 WITH THE BASIC AGRARIAN LAW NUMBER 5 OF 1960 CONCERNING EIGENDOM VERPONDING Noor, Aslan; Herlani, Lisa; Fathurrohman, Mohammad Faridz; Lorenza, Melinda; Nurwidianti, Maudy
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8873

Abstract

The aim of this research is to analyze the juridical nature of the Supreme Court's decision regarding Eigendom Verponding. Ownership rights are the strongest and most hereditary land to be enjoyed fully and to control the object freely, unless this can be proven to be reversed. This research used normative research with a statutory approach. The legal materials used were primary legal materials and secondary legal materials, with legal material collection techniques through literature studies and analysis techniques. The research results indicate that judge's considerations deviate from the stipulation outlined well as statutory regulations. The emergence of multiple land ownership rights leads to criminal acts caused by negligence on the part of the land owner or parties who commit fraud, such as parties who acknowledge the land but do not, so the BPN issues a certificate. This proves the importance of creating a new policy regarding land registration through additional evidence. Ownership, and shorten the land registration process so that land owners feel energized about the lengthy process. The importance of policies regarding the formulation of criminal acts regarding certificates issued because so far, many holders of land title certificates have suffered losses as a result of the cancellation of land title certificates, overlapping ownership, and disputes originating from errors in the process.
Legal Status Of Abandoned Land Pursued As Guarantee Under Law Number 4 Of 1996 Concerning Holding Rights Noor, Aslan; Herlani, Lisa; Faridz Fathurrohman, Mohammad; Lorenza, Melinda; Nurwidianti, Maudy
Journal of Law, Politic and Humanities Vol. 4 No. 5 (2024): (JLPH) Journal of Law, Politic and Humanities (July-August 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i5.554

Abstract

Economic Development is the most important part of National Development which seeks to improve all aspects of community, nation and state life to realize the National Goals of the Republic of Indonesia as stated in the 1945 Constitution of the Republic of Indonesia (1945 Constitution). In realizing National Development, quite a bit of capital is needed. One way to fulfill capital comes from banking sector credit. To provide this capital, banks require collateral to guarantee the return of funds from the credit that has been disbursed. Collateral is required if there is a default on the part of the debtor, then the bank as a creditor can sell the collateral to pay off the outstanding balance of the debtor's loan. The collateral most preferred by banks is usually in the form of fixed assets such as land because they have a fixed value and tend to increase from year to year. In reality, the land pledged by debtors to banks as creditors has the status of abandoned land. Abandoned land is land of rights, land of management rights and land obtained on the basis of land control, which is intentionally not cultivated, not used, not exploited and/or not maintained. As a result, if the debtor defaults, there is no special guarantee for the creditor as the holder of the mortgage rights.
Co-Authors Aslan Noor Faridz Fathurrohman, Mohammad Fathurrohman, Mohammad Faridz Herlani, Lisa Lorenza, Melinda