Dewi , Amelia Sri Kusuma
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Legal Analysis of the Relationship between BPN Decree Number 3/Pbt.36/III/2023 and Supreme Court Decision Number 250 PK/Pdt/2004 Jo. 82/Pdt.G/1997/PN.TNG in the Cancellation of Transfer of Land Rights Blezinzky, Lavisya Nadiya; Dewi , Amelia Sri Kusuma; Supriyadi, Supriyadi
IBLAM LAW REVIEW Vol. 5 No. 2 (2025): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v5i2.602

Abstract

The legal conflict between BPN Decree Number 3/Pbt.36/III/2023 and Supreme Court Decision Number 250 PK/Pdt/2004 Jo. 82/Pdt.G/1997/PN.TNG creates uncertainty in the implementation of land rights that should have been resolved through the courts. This problem shows the disharmony between the administrative authority of the land institution and the permanent legal force possessed by the court decision. When a court decision that has permanent legal force is not respected by the administrative institution, there is a vacuum of legal protection for parties who have legally obtained their rights. Therefore, this study is important because it concerns the principle of res judicata and the obligation of state administrative institutions, in this case BPN, to submit to and obey court decisions that are final and binding. This study uses a normative legal approach method with qualitative analysis techniques on various relevant legal instruments. Data were collected through literature studies and analyzed descriptively-analystically. The results of the study indicate that the BPN's action in issuing Decree Number 3/Pbt.36/III/2023 is a form of ultra vires, because it directly contradicts the Supreme Court Decision which has permanent legal force. This can be qualified as a form of abuse of authority that not only violates the principle of legality, but also damages the authority of the judicial institution. As a result, this situation opens up opportunities for the aggrieved party to take legal action through administrative objections, lawsuits to the State Administrative Court (TUN), or reports to the Indonesian Ombudsman for alleged maladministration. In conclusion, harmonization between land administration law and civil procedural law is very necessary to ensure the consistency of legal decisions and administrative actions, in order to realize legal certainty, protection of rights, and substantive justice in the national land system.
Obstacles to the Winner of the Mortgage Rights Execution Auction to Receive the Auction Object in Real Time Tristania, Cendikia Salwa Fadhillah; Dewi , Amelia Sri Kusuma; Suwardiyati , Rumi; Alam, Zairul; Putri, Dhita Widya
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The author raises the issue of the obstacles faced by the winner of the auction for the execution of mortgage rights in obtaining the auction object, especially in the event that the auction object is empty because of the background of the problems experienced by the auction winner in receiving the auction object that has been purchased in real terms. This research uses empirical research methods with a sociological juridical approach, by analysing secondary data (such as existing rules) and primary data obtained through interviews and observations at the research location. The lack of clarity and firmness of the rules regarding the real delivery of auction objects, as well as inadequate infrastructure, limited public knowledge, debtor non-compliance with the law, and a culture of breaking the law among debtors, resulted in the implementation of the delivery of auction objects in an empty and uninhabited state not running smoothly. The absence of clear regulations regarding the seller's responsibility in the real delivery of goods and the reluctance of debtors to vacate the auction object are significant obstacles. To ensure the smooth implementation of the auction, it is necessary to improve the regulations regarding the delivery of immovable objects and increase public awareness through socialisation efforts.