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Kepastian Hukum Klaim Polis Asuransi Jiwa terkait Wanprestasi Perusahaan Asuransi dalam Pembayaran Klaim Adam Ramadani; Iran Sahril; Felicitas Sri Marniati
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 7 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Juli 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i7.2748

Abstract

Discussion on the legal certainty of life insurance policy claims related to insurance company default in paying claims. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The results of the study on the regulation and legal consequences of insurance policies related to default are that the emergence of life insurance beneficiaries results in creating a legal relationship between life insurance beneficiaries, the existence of insurance company default, so that the beneficiaries can obtain their rights. The legal certainty of life insurance policies related to insurance company default in paying claims to life insurance beneficiaries is that life insurance policies made based on the agreement of the parties and fulfilling the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code have binding force as a law for the parties (pacta sunt servanda), and Article 31 of Law of the Republic of Indonesia number 40 of 2014 concerning Insurance with the addition of a paragraph for the creation of life insurance policies must be made before a public official or notary.
Kepastian Hukum terhadap Sertipikat Hak Milik Atas Tanah yang Dikuasai oleh Warga Negara Asing akibat Perceraian dalam Perkawinan Campuran Rahmat Ramadhan; Yurisa Martanti; Iran Sahril
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 2 (2026): CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah, Februari 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i2.2352

Abstract

Discussion on legal certainty regarding land ownership certificates controlled by foreign nationals due to divorce in mixed marriages. The research was conducted using normative juridical methods. The results of the research concluded that mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) are increasingly prevalent along with increasing global mobility. However, behind this legally valid relationship, there are complex problems related to ownership of assets, especially land, which can only be owned by Indonesian citizens as regulated in Article 21 paragraph (1) and paragraph (3) of the Basic Agrarian Law (UUPA). Legal certainty does not reflect justice, so to obtain its benefits, Indonesian citizens must sue. This legal certainty is obtained because of the existence of regulations, so that foreign nationals and Indonesian citizens who carry out the divorce according to legal regulations are not allowed to have land ownership certificates are required to sell the land so that it can be divided in two.
Kepastian Hukum  Sertifikat Hak Milik Atas Tanah melalui Pendaftaran Tanah Sistematis Lengkap (PTSL) Dikaitkan dengan Sengketa Tanah karena Terdapat Tumpang Tindih Agus Sugiono; Anriz Nazaruddin Halim; Iran Sahril
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 3 No. 7 (2026): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Juli 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/cendekia.v3i7.2825

Abstract

The discussion on the legal certainty of land ownership certificates through complete systematic land registration (PTSL) is related to land disputes due to overlapping. The method used in this study is a normative juridical research type, namely library legal research or secondary data with primary, secondary and tertiary legal sources. Research results The resolution of disputes over overlapping land title certificates from PTSL results can be achieved through non-litigation channels (mediation at the Land Office/BPN) or litigation (lawsuits at the PTUN or District Court). The main steps include checking the validity of the certificate, mediation, and if necessary, cancellation of one of the certificates proven to be administratively flawed. The existence of multiple certificates is a serious problem that directly impacts the legal certainty of land rights. Legal certainty of land rights through PTSL is related to land disputes due to overlapping aims to minimize disputes, but overlapping certificates still occur due to administrative errors, mapping, or inaccurate physical data. Settlement of this dispute requires mediation at the Land Office or a lawsuit to the State Administrative Court (PTUN) for cancellation of the duplicate certificate.