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All Journal Jurisprudentie Jurnal Hukum dan Keadilan
Gunawan, Rizka Putri
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Law, Crime, Criminology & Criminal Justice

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Implementation of the Complete Systematic Land Registration Policy (PTSL) in Tempuran District, Lemah Duhur Village Aripin, Rizal; Dewi, Sartika; Yani, Abdul; Rahmadhani, Defirstta; Ramdhani, Muhamad Sadam; Gunawan, Rizka Putri; Santosa, Sandiya Adi
Jurnal Hukum dan Keadilan Vol. 1 No. 5 (2024): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i5.204

Abstract

The implementation of the Complete Systematic Land Registration (PTSL) policy often faces various challenges or problems. Therefore, the National Land Agency (BPN) has the responsibility to overcome these problems. This research uses a qualitative research method with an empirical juridical approach. The purpose of this research is to find out how the implementation of the Complete Systematic Land Registration (PTSL) policy in Lemah Duhur Village, Tempuran District, Karawang Regency, and the obstacles that hinder its implementation. The research findings show that the implementation of the PTSL policy in Lemah Duhur Village has gone well but faces several challenges. Data from the National Land Agency (BPN) shows that of the 1,800 land parcels targeted in 2017, many have yet to be surveyed, indicating a gap between targets and results. Challenges include suboptimal socialization efforts, a lack of competence among adjudication committees, and the issue of inaccurate land measurement and mapping compared to the certificate layout.
Abuse of Circumstances as a Ground for Contract Cancellation: A Juridical Review of Lease Agreement Case No. 171/Pdt.G/2022/PN.Plk Gunawan, Rizka Putri; Lia Amaliya
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025 (In Press)
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.62385

Abstract

The Indonesian Civil Code (KUH Perdata) does not explicitly regulate the doctrine of misuse of circumstances (misbruik van omstandigheden). However, in legal practice, this concept increasingly serves as a basis to cancel agreements, especially when one party exploits the urgency, dependence, or weakness of another party often resulting in injustice. This doctrinal development is particularly relevant in cases involving lease agreements, where contractual imbalances are common. This research uses normative legal analysis and case study approaches, focusing on Decision No. 171/Pdt.G/2022/PN.Plk. Through document review and legal reasoning, it is shown how the judges considered the existence of an unfair advantage the lease agreement contained terms that significantly disadvantaged the tenant. The court found clear evidence of imbalance arising from the stronger bargaining position of the landlord relative to the tenant's vulnerable situation. Based on this, the judges accepted the misuse of circumstances as a valid reason to cancel the agreement and restore justice for the disadvantaged party. The findings highlight the crucial responsibility of judges to actively uphold justice and protect vulnerable parties in contractual relations, especially lease agreements. Moreover, the research suggests an urgent need for clearer and stricter regulation of the doctrine of abuse of circumstances in Indonesian contract law. Ensuring more robust legal provisions would enhance legal certainty and guarantee fairness for all parties involved in contractual agreements.
Co-Authors Lia Amaliya Rahmadhani, Defirstta Ramdhani, Muhamad Sadam Rizal Aripin Santosa, Sandiya Adi Sartika Dewi Yani, Abdul