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All Journal Jurnal Penelitian Pendidikan Indonesia Amicus Curiae
Christiangie, Merry
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Law, Crime, Criminology & Criminal Justice Other

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JUAL BELI TANAH HAK MILIK BERDASARKANPERJANJIAN NOMINEE (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1290K/PDT/2022): Sale and Purchase Freehold Land Based on Nominee Agreement (Study on Supreme Court’s Verdict Number 1290K/Pdt/2022) Christiangie, Merry; Sumanto, Listyowati
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/9sj6bh50

Abstract

Land sale and purchase is an act of transferring land rights between the seller and the buyer with the payment of the agreed price by the buyer to the seller is carried out simultaneously which is cash, clear, and real. Sale and purchase of land with the status of Property Rights can only be carried out between fellow Indonesian citizens or legal entities designated by Government Regulation Number 38 of 1963.The formulation of this research problem is regarding the validity of the sale and purchase of freehold land based on a nominee agreement in the Supreme Court Decision in terms of Law Number 5 of 1960 concerning Basic Agrarian Principles and the suitability of the judge's consideration with the Basic Agrarian Law in Supreme Court Decision Number 1290K/Pdt/2022 so that the freehold land belongs to Dodi Usman. The research method used in this research is normative juridical research using secondary data analyzed qualitatively, and drawing conclusions using deductive logic. In Indonesian positive law, the Nominee Agreement is a prohibited agreement. The sale and purchase of land with the status of HakMilik based on a nominee agreement is invalid because it violates the provisions of Article 26 paragraph (2) of the UUPA which results in legal smuggling, and violates the Minister of Home Affairs Instruction No.14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights because of the granting of absolute power of attorney by Dodi Usman to Marc van Loo.
Legal power of land tenure statement as proof of land ownership disputes from the perspective of indonesian basic agrarian law Christiangie, Merry; Nursadi, Harsanto
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol. 11 No. 3 (2025): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020255047

Abstract

Ownership of land rights is a very important thing to be considered by the Indonesian people. In Indonesia, proof of ownership of recognized land rights is only a certificate, as stipulated in the UUPA and Government Regulation Number 24 of 1997 concerning Land Registration. In the national land law, the Land Certificate has been regulated as a letter that contains physical evidence of the ownership of a plot of land used for the land registration process. The problems raised in this study are how the function of the Land Certificate and the power of proving the Land Certificate in land cases. The Land Certificate only functions as an accompanying document in land registration. However, in the latest provisions regulated in PP 18/2021, it is stated that the Land Certificate only serves as an indication in the context of land registration. The strength of the Land Certificate is not strong, because the UUPA and PP 24/1997 have stated that the evidence of legal ownership of land rights is the Land Rights Certificate. The Land Certificate is not a strong piece of evidence, because it is proof of ownership made under the hand.
Co-Authors Harsanto Nursadi Listyowati Sumanto