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Penyelesaian Sengketa Kepemilikan Tanah Milik Perorangan yang Berasal dari Tanah Negara Simanjuntak, Budiman Mario; Widyanti, Amelia Nur; Setiadi, Yuliana
CENDEKIA : Jurnal Penelitian dan Pengkajian Ilmiah Vol. 2 No. 1 (2025): CENDEKIA : Jurnal Penelitian Dan Pengkajian Ilmiah, Januari 2025
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/y34nxv90

Pembahasan mengenai penyelesaian sengketa kepemilikan tanah milik perorangan yang berasal dari tanah negara. Penelitian yang dilakukan dengan menggunakan metode yuridis normatif. Permasalahan yang berkaitan dengan bidang pertanahan, khususnya yang berkaitan dengan hak atas tanah, seringkali menimbulkan konflik. Analisis ini berfokus pada penyelesaian konflik hak atas tanah yang dulunya berada di bawah kendali negara, namun kini beralih ke masyarakat. Pembahasan Upaya penyelesaian sengketa kepemilikan tanah milik perorangan yang berasal dari tanah Negara bahwa individu yang memiliki tanah yang dulunya merupakan tanah negara dapat berupaya menyelesaikan permasalahan kepemilikan melalui peran BPN atau melalui pengadilan Penyelesaiannya berdasarkan pedoman dalam Keputusan Kepala BPN RI Nomor 34 Tahun 2007 dan Petunjuk Teknis Nomor 5 tentang Mekanisme Pelaksanaan Mediasi.

PERLINDUNGAN HUKUM AKIBAT WANPRESTASI PERJANJIAN PERSEROAN KOMANDITER DENGAN PIHAK KETIGA Damayanti, Ratna; Tondy, Cicilia Julyani; Setiadi, Yuliana
Case Law : Journal of Law Vol. 6 No. 1 (2025): Case Law : Journal of Law | Januari 2025
Publisher : Program Studi Hukum Program Pasca Sarjana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/caselaw.v6i1.4772

Perlindungan hukum terhadap pihak ketiga merupakan hal penting dalam hubungan bisnis, termasuk dalam hal perjanjian yang melibatkan perseroan komanditer. Penelitian ini bertujuan untuk menganalisa pertanggungjawaban perseroan komanditer akibat wanprestasi terhadap pihak ketiga perlindungan hukum terhadap pihak ketiga atas wanprestasi perseroan komanditer yang dikaji menggunakan teori pertanggungjawaban (Hans Kelsen) dan teori perlindungan hukum (Satjipto Rahardjo). Penelitian menggunakan metode yuridis normatif dengan pendekatan perundang-undangan, pendekatan konseptual, dan pendekatan kasus. Teknik pengumpulan bahan hukum dilakukan melalui studi kepustakaan yang kemudian dianalisa menggunakan penafsiran hukum gramatikal dan konstruksi hukum analogi. Penelitian ini menyimpulkan bentuk pertanggungjawaban para persero terkait wanprestasi perjanjian terhadap pihak ketiga diatur berdasarkan peran masing-masing persero sebagaimana merujuk pada Pasal 19 ayat (1) KUHD. Adapun perlindungan hukum terhadap pihak ketiga atas wanprestasi perseroan komanditer dapat dilakukan melalui tuntutan ganti rugi, pembatalan perjanjian, atau pelaksanaan prestasi sebagaimana diatur dalam Pasal 1267 KUHPerdata yang sejalan dengan asas pacta sunt servanda sebagaimana diatur dalam Pasal 1338 ayat (1) KUHPerdata. Pihak ketiga juga dapat mengajukan gugatan atas dasar Pasal 1365 KUHPerdata tentang perbuatan melawan hokum apabila perseroan terbukti tidak beritidak baik dalam penyelesaian perjanjian

PERLINDUNGAN HUKUM NOTARIS TERKAIT GUGATAN PENGHADAP ATAS PENGGUNAAN SAKSI INSTRUMENTER DALAM PEMBUATAN AKTA AUTENTIK Farah Ferida Indra Chaniago; Yuliana Setiadi; Refki Ridwan
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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One form of obligation and responsibility of a Notary is to present an instrumental witness in the process of making an authentic deed as regulated in Article 16 paragraph (1) letter m and Article 40 Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the position of Notary, hereinafter referred to as UUJN. In its implementation, lawsuits are often found related to the absence of instrumental witnesses. So this research discusses the responsibilities of Notaries regarding the use of instrumental witnesses in authentic deeds and the legal protection of Notaries regarding lawsuits against the use of instrumental witnesses in authentic deeds. The theory used in this research is authentication and legal protection according to Satjipto Rahardjo.The research method used in this research is normative juridical, the research approach used is the case approach, statutory approach, analytical approach and conceptual approach and the sources of legal materials used are primary, secondary and tertiary legal materials with techniques for collecting legal materials carried out by collecting library materials and analyzing legal materials using systematic legal interpretation and grammatical interpretation.From this research, it can be seen that the Notary is responsible for fulfilling the formal requirements in an authentic deed, one of which is by presenting two (2) instrumental witnesses, because the result of not presenting all the instrumental witnesses causes the evidentiary power of the Notarial deed as an authentic deed to only be recognized as a deed that has personal evidentiary power. So that in the future there will be no more lawsuits related to instrumental witnesses, it is necessary to reform the law, namely by changing the UUJN in article 40 regarding instrumental witnesses. With this legal reform, it is hoped that in the future it will be possible to improve legal protection for Notaries regarding the use of instrumental witnesses.

PERLINDUNGAN HUKUM BAGI PEMEGANG SAHAM MINORITAS DALAM PENGAMBILAN KEPUTUSAN RAPAT UMUM PEMEGANG SAHAM (RUPS) DALAM PERSEROAN TERBATAS Rasheldy Putri Adiwinata; Putra Hutomo; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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Based on Article 1 number 1 of Law Number 40 of 2007 concerning Limited Liability Companies, shares are part of the company's authorized capital where the founders of the company who deposit capital into the company's cash when the PT was first established can also be referred to as shareholders. As a business entity that has legal status, a limited liability company has organs that play a role in carrying out activities in law, one of which is the GMS. The GMS is a forum consisting of the company's shareholders, where the GMS acts as a liaison between the majority and minority shareholders with the company, but in practice many decisions taken by the majority in the GMS are considered not always fair to minority shareholders so that the interests of the minority are less considered. such as case examples In the decision of case number 217 PK/Pdt/2014, the decision of the high court number 477/PDT/2017/PT.BDG and the case study of PT INDOSAT TBK and PT H 3 I. The formulation of the problem in this study is how the legal consequences of not including minority shareholders in the implementation of the GMS and legal protection for minority shareholders in the implementation of the GMS. The legal theory used in this study is the theory of legal consequences and the theory of legal protection.The method used in this study is a normative legal research type, namely legal research conducted by examining library materials or secondary data only. The research approaches used are the Statutory Approach, Conceptual Approach, Analytical Approach, Case Approach and Data collection techniques are carried out by identifying and inventorying positive legal rules, examining library materials, and other sources of legal materials. For the Legal Material Analysis Technique using grammatical interpretation, historical interpretation, systematic interpretation, and legal construction methods.The results of this study are that the legal consequences of not including shareholders in the GMS are that shareholders can file a derivative lawsuit to the Court as stipulated in Article 61 paragraph (1) of the PT Law. This is in line with R. Soeroso's legal theory, which states that in essence the legal consequences are the impacts caused by an act or legal action on the rights and obligations of the parties and legal protection for minority shareholders is regulated in Article 61 paragraph (1) of the PT Law which in essence emphasizes that shareholders may file a lawsuit, while the lawsuit in question is a derivative lawsuit on the condition that there is a GMS decision that is detrimental to the company, the plaintiff has a minimum of 10% of shares. The suggestion in this study is that minority shareholders at the time of the establishment of the company should pay attention to matters relating to the company's finances included in the Articles of Association so that minority shareholders have a legal basis and to the Government to make government regulations relating to legal protection for minority shareholders, namely regulations regarding the formation of a special dispute council regulating Limited Liability Companies.

TANGGUNG JAWAB NOTARIS DALAM PENGGUNAAN GOOGLE MAPS UNTUK PENCANTUMAN ALAMAT KANTOR SEBAGAI PROMOSI SECARA TIDAK LANGSUNG DITINJAU BERDASARKAN KODE ETIK NOTARIS Pandi Septiawan; Putra Hutomo; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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In article 3 paragraphs (8) and paragraph (9) of the Notary Code of Ethics, it is stated that in carrying out their office, notaries are required to have an office and put up a name plate with the aim of making it easier for people who need the services of the notary. With advances in technology, not a few notaries also have office addresses listed digitally, usually using the Google Maps application. The problem formulation in this research is how the position of the notary's office address on Google Maps as a form of promotion is indirectly reviewed based on the notary's code of ethics and what the notary's legal responsibilities are for the office address listed on Google Maps. The theories used in this research are the Technology Utilization Theory according to Haag & Ken and the Legal Responsibility Theory according to Hans Kelsen.The method used in this research is a type of normative juridical legal research, namely secondary data research or law literature only supported by interviews. The research approaches used are the statutory approach, conceptual approach, analytical approach and case approach. The technique for collecting legal materials is carried out by identifying and investing in positive legal rules, researching library materials (books, scientific journals, research reports), and other sources of legal materials that are relevant to the legal issues being studied. The legal materials that have been collected are then classified, selected and ensured that they do not conflict with each other, to facilitate legal analysis and construction.From the research results, it can be concluded that notaries are also required to carry out everything in their official duties guided by their professional code of ethics. Therefore, the notary's actions in using Google Maps can be assessed as an action with a motive to promote himself indirectly.

Kepastian Hukum Akta Otentik yang Dibuat oleh Notaris di Luar Wilayah Jabatannya Putri, Reni Anita; Setiadi, Yuliana; Kumala, Yudha Cahya
Legalita Vol 7 No 1 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i1.1786

An authentic deed is the highest legal evidence in the civil evidence system made by a public official, namely a notary, who acts in accordance with his/her area of office. Problems arise when a notary exercises his/her authority outside the area stipulated in his/her appointment letter, which is normatively prohibited by Article 17 paragraph (1) letter a of the Notary Law. This study aims to analyze the form of legal responsibility of a notary and the implications of legal certainty for deeds made outside the area of office. By using normative legal methods and statutory, conceptual, and case study approaches, it was found that deeds made outside the area of office lose their authentic nature and only have the power as private deeds. Notaries who violate these provisions can be subject to administrative, civil, and even criminal sanctions. This creates legal uncertainty for the parties interested in the deed and disrupts public trust in the notary profession. Therefore, compliance with the boundaries of the area of office is an absolute requirement for the formal and substantial validity of an authentic deed.

PERLINDUNGAN HUKUM BAGI PENYEWA OBJEK HAK TANGGUNGAN YANG DILELANG DITINJAU DARI UNDANG-UNDANG HAK TANGGUNGAN Yuliana, Yuliana; Amelia Nur Widyanti; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 5 No. 2: Juli 2025
Publisher : Bajang Institute

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Problems that often arise related to objects that are used as collateral for mortgage rights are being burdened with other rights, which means that there is a third party who owns or controls the rights to the object that is used as collateral, and based on this, the third party also has the right to submit or a settlement or legal action against him. The problems studied in this thesis are First, how is the legal strength of a lease agreement over an object encumbered with a mortgage assessed under the Mortgage Law? Second, how is legal protection afforded to the lessee of mortgage property subject to auction as a result of the enforcement of a mortgage right under the provision of the Indonesian Mortgage Law? The theories used in analyzing these problems are the theory of agreement and the theory of legal protection. The method used in this study with the type of normative legal research, namely library legal research or secondary data with primary, secondary and tertiary legal materials sources. The research approach used is the legislative approach, conceptual approach, analytical approach, and case approach and the legal material collection technique is carried out by identifying and inventorying positive legal rules, book literature, journals and other legal sources. For the legal material analysis technique, it is carried out with grammatical and systematic legal interpretation while the legal construction method is with analogy and legal refinement. Base on the results of this research, it can be concluded that the legal strength of a lease agreement over an object of mortgage is relatively weak, as the mortgage holder holds a preferred right in accordance with the provisions of the Indonesian Mortgage Law, unless the lease agreement has been formally registered with the land office. Legal protection for lessees of mortgaged property subject to foreclosure is not expressly accommodated by the Mortgage Law. However, lessees may seek legal remedies against the lessor through a civil lawsuit, in which the creditor may also be included as a co-defendant.

TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI (AJB) YANG CACAT HUKUM DIKAITKAN PEMBERIAN SANKSI DALAM PELAKSANAAN JABATAN Pratiwi, Novita; Anriz Nazaruddin Halim; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

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The deed of sale and purchase (AJB) which is legally flawed due to PPAT negligence creates legal uncertainty (dassein), whereas the deed of sale and purchase (AJB) should guarantee legal protection and certainty over land rights (dassollen). This requires the enforcement of responsibility and the imposition of sanctions to maintain the integrity of the land system. This study raises two problems, namely (1) how the responsibility of the land deed officer (PPAT) to the deed of sale and purchase (AJB) containing legal defects associated with sanctions in the exercise of office and (2) how the legal certainty of the deed of sale and purchase (AJB) made by the land deed officer (PPAT) containing legal defects, using the theory of legal responsibility according to Hans Kelsen and The Theory of legal certainty according to Satjipto Rahardjo. The method used in this research is normative juridical research, especially Library Law research or secondary data with primary, secondary and tertiary sources of law. The research approaches used include legislative approaches, case studies, conceptual, and analytical methodologies. And the method of collecting such legal materials is carried out by identifying and inventorying positive law, journals and other sources of law. The method used in analyzing the material of grammatical laws and systematic interpretation. And legal construction using analogy construction method and Argumentum a Contrario. The result of this study is a defective deed of sale (AJB) creates uncertainty and reduces the strength of evidence. The Office of the land deed maker (PPAT) who is negligent can be held accountable. Legal protection aims to ensure people's rights through prevention (preventive) and repression (repressive).

PERLINDUNGAN HUKUM TERHADAP ANAK ANGKAT YANG MENERIMA WASIAT TERKAIT SENGKETA PARA AHLI WARIS MENURUT HUKUM PERDATA Hartono, Enrico Andre; Felicitas Sri Marniati; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

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Abstract : When someone dies, the inheritance process arises, and is regulated by inheritance law, inheritance law functions to regulate the transfer of a deceased person's assets to the heirs. Heirs according to the Civil Code are divided into two, namely, heirs ab intestato and testamenteir. Heirs ab intestato refer to blood and marriage relations, while heirs testamenteir refer to a person's will and can be shown to others outside of blood relations, including heirs testamenteir who are adopted children. Inheritance to adopted children through testament refers to Article 954 of the Civil Code. Testament is one of the legal means that ensures adopted children receive a share of inheritance rights from the testator's inheritance legally. The problem in this study is How to Resolve Disputes Against Adopted Children Who Receive Wills Related to Disputes Between Heirs According to Civil Law, and How is Legal Protection for Adopted Children Who Receive Wills Related to Disputes Between Heirs According to Civil Law. In this study, the researcher used the Legal Protection theory according to Satjipto Rahardjo and the Dispute Resolution Theory according to Dean G. Pruitt. The research method used in this study is a type of normative legal research, namely legal research with literature studies based on primary, secondary and tertiary legal sources. The research approaches used are the Legislation Approach, Conceptual Approach, Analytical Approach and Case Approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. For the legal material analysis technique, it is carried out with grammatical interpretation, Systematic interpretation, Analogy Construction and legal refinement construction. The results of the study concluded that adopted children who were legally adopted through a court decision, and had no blood or marital relations, even though they did not receive a will from the testator, adopted children still had the same inheritance rights as legitimate children, legally adopted children became part of the heirs, ab intestato. Legal protection provides protection for human rights that are harmed by others and this protection is given to the community so that they can enjoy all the rights granted by law. The dispute between the adopted child and the heir was resolved by the problem solving, method through mediation, but no agreement was found, so the dispute was resolved by the contending method through the courts in order to maintain the inheritance rights of the adopted child.

TANGGUNG JAWAB NOTARIS DALAM PENYALAHGUNAAN KEADAAN TERKAIT PERJANJIAN PENGIKATAN JUAL BELI (PPJB) DALAM KLAUSUL UTANG PIUTANG Anwar, Ayrell Raychan; Yudha Cahya Kumala; Yuliana Setiadi
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

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The Sale and Purchase Agreement (PPJB) is commonly used in property transactions as a preliminary step before the execution of a Sale and Purchase Deed (AJB). However, it often contains debt clauses unilaterally drafted by developers, which may disadvantage consumers. The research problems formulated in this study are: (1) What is the notary’s responsibility in relation to PPJB that contains elements of a loan clause? (2) What are the legal consequences of a PPJB that involves elements of abuse of circumstances? The theories used in this is research are theory of responsibility by Immanuel Kant and theory of consequences by Soerjono Soekanto The method used in this research is normative juridical research, specifically a library law research or secondary data with primary. Secondary and tertiary legal sources. As for the research approach used statute approach, analytical approach, case approach, conceptual approach and the method of collecting the legal materials and carried out by identifying and taking inventory of positive law, journals, and other legal resources. The method used in analyzing the legal materials grammatical interpretation, systematical interpretation, and law construction methods. The findings indicate that notaries bear legal, social, and moral responsibilities in drafting (PPJB) that conceal loan agreements. Based on Immanuel Kant’s perspective, notaries are ethically and morally obligated in every action. Meanwhile, Soerjono Soekanto asserts that legal consequences extend beyond the private realm to include social impact, as reflected in Supreme Court decisions annulling PPJBs containing elements of abuse of circumstances.

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