Wahid Hasyim, Moch.
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TINJAUAN YURIDIS PEMECAHAN TANAH LEBIH DARI LIMA BIDANG UNTUK HAK MILIK PERORANGAN Yutanti, Trinda; Dewi Hariyana, Trinas; Wahid Hasyim, Moch.
Jurnal Magister Hukum Perspektif Vol. 15 No. 1 (2024)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v15i1.93

Abstract

The emergence of a regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency on the prohibition of land division of more than five parcels for individual property rights is a way to overcome the rampant housing or disguised lots that have sprung up so far. The regulation is stipulated in Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the Third Amendment to Regulation of the Minister of Agrarian Affairs or Head of the National Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The purpose of this writing is to find out how the juridical review of land splitting of more than five parcels for individual property rights and what the legal consequences are for individuals who split more than five parcels of land. This research uses normative juridical approach with legislation. The result of this research is that the ownership of property rights to individual land or the division of individual land parcels is not allowed to exceed five parcels except if the base of the right comes from the transfer of inheritance rights or the base of the right with the building rights certificate. Apart from that, the division of more than five parcels must also be balanced with permits from the authorized agency, and usually with the base of the Building Rights Title, but in the current era there are still many Individual Property Rights whose ownership exceeds five parcels. However, with the emergence of the Regulation of the Minister of Agrarian Affairs and Spatial Planning or Regulation of the Head of the National Land Agency Number 16 of 2021, the regulation is more strictly applied in practice. Keywords: Land Division of More than Five Parcels, Agrarian.
REKONSTRUKSI KONSEP KONTRAK HIBRIDA DALAM HUKUM PERDATA INDONESIA: ANALISIS ANTARA FLEKSIBILITAS BISNIS DAN KEPASTIAN HUKUM Novan Setyawan, David; Arifin, Zainal; Wahid Hasyim, Moch.
Jurnal Magister Hukum Perspektif Vol. 17 No. 1 (2026)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v17i1.153

Abstract

The development of the digital economy and the complexity of modern business transactions call for more flexible forms of contracts than the traditional ones found in the Civil Code. This phenomenon has given rise to the concept of hybrid contracts, namely agreements that combine several types of contracts into a single legal relationship. The purpose of this study is to analyze the legal basis of hybrid contracts in Indonesian civil law and to propose a conceptual reconstruction aimed at balancing business flexibility and legal certainty. The method employed is normative legal research using legislative, conceptual, and comparative approaches. The findings indicate that the principle of freedom of contract (Article 1338 of the Civil Code) provides legal space for hybrid contracts; however, the absence of clear normative boundaries creates potential uncertainty in legal enforcement. Conceptually, this article develops three reconstructive principles: (1) the principle of functionality, which prioritizes the economic purpose of the contract in interpretation; (2) the principle of proportionality, which limits freedom of contract to prevent structural imbalances; and (3) the principle of adaptive certainty, which demands that legal norms remain clear while remaining responsive to technological developments. Comparatively, the Dutch preponderance test and the “intention of the parties” approach in English common law are adapted as models for Indonesian judges. The findings indicate that the absence of formal interpretation guidelines leads to inconsistencies in case law. This study recommends the establishment of guidelines for interpreting hybrid contracts, minimum standard clauses for platform contracts, and reforms to the Civil Code that accommodate modern contracts as concrete steps toward an adaptive and equitable contract law ecosystem. Keywords: hybrid contract, civil law, business flexibility, legal certainty, freedom of contract