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KEPASTIAN HUKUM TERHADAP PENCABUTAN HAK ATAS KEPEMILIKAN TANAH TERLANTAR BERDASARKAN UNDANG - UNDANG POKOK AGRARIA Perkasa, Prisma Bella Bangkit; Furcony Putri Syakura; Yudha Cahya Kumala
Journal of Innovation Research and Knowledge Vol. 5 No. 2: Juli 2025
Publisher : Bajang Institute

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Land has a very strategic function, both as a natural resource and as a space for development, the state has also given land rights or Management Rights to Right Holders to be cultivated, used, and utilized and maintained properly, but in this vast country of Indonesia, there are still a lot of abandoned land and unclear utilization. These abandoned lands tend to be used only as objects of speculation. Jan Michle Otto's Legal Certainty Theory and Boedi Harsono's Abandoned Land are the theoretical frameworks used in this research. This research uses normative juridical research methodology, which is a secondary data search from legal literature collected from primary, secondary, and tertiary sources. The research methods used are statutory, case, analytical, and conceptual research methods. The procedure for collecting legal sources includes cataloging and naming positive legal regulations, books, journals, and other sources of legal information. The construction of analogies, legal refinement, and systematic and grammatical legal interpretation are tools used in the process of analyzing legal materials. The result of the research is that the legal effect of land designated as abandoned land is that its ownership will be erased, but if the decision is considered detrimental to one of the parties, then the legal remedy that can be taken is to file a lawsuit at the State Administrative Court. Legal certainty over abandoned land has been regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations, strengthened by Government Regulation of the Republic of Indonesia Number 20 of 2021 concerning the Control of Abandoned Areas and Land. The written rules for legal certainty on abandoned land have been clearly detailed in various applicable regulations, but in carrying out the contents of these rules the National Land Agency is considered not optimal in making decisions, considering that there are still many errors in inventorying, identification and there are even mistakes in determining an abandoned land.

PERLINDUNGAN HUKUM TERHADAP KREDITUR ATAS JAMINAN HAK GUNA BANGUNAN YANG TELAH BERAKHIR MASA BERLAKU DAN MASIH DIBEBANI HAK TANGGUNGAN Ramadhan, Muhammad Akbar; Yudha Cahya Kumala; Marni Emmy Mustafa
Journal of Innovation Research and Knowledge Vol. 5 No. 3: Agustus 2025
Publisher : Bajang Institute

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Building Use Rights are one of the land rights regulated in the UUPA which can be used as an object of collateral for Mortgage Rights as regulated in the UUHT. The phenomenon that occurs when objects of Mortgage Rights are guaranteed with the status of Building Use Rights whose validity period has expired results in the abolition of the Mortgage Rights as stated in Article 18 paragraph (1) letter d UUHT. This research aims to formulate the problem, namely: What is the legal protection for creditors against building use rights collateral objects that have expired and are still encumbered with mortgage rights? And what are the legal consequences for land collateral objects with Building Use Rights that have expired and are still encumbered with Mortgage Rights? The theory used in this research is the Legal Protection Theory according to Satjipto Rahardjo, the Legal Consequences Theory according to Soeroso. The method used in this research is normative juridical (library law research or secondary data with primary, secondary and tertiary sources of legal materials). The research approaches used are statutory, conceptual, case and analytical approaches with legal material collection techniques carried out by identifying and inventorying legal rules, book literature and other legal materials. Legal material analysis techniques are carried out using grammatical legal interpretation and systematic interpretation. From the results of the research, it was concluded that legal protection for creditors with HGB status collateral objects which have expired before the credit matures is by providing a credit period that is shorter than the validity period of the rights status, extending rights at the initial time of the credit agreement or extending credit by making a power of attorney. to the bank, change the rights from HGB to Ownership Rights, and ask for replacement collateral or additional collateral. As well as recharging Mortgage Rights on land objects of collateral which have expired and have been renewed within the credit period. The legal consequences of ending the rights status of HGB collateral objects which are still encumbered with Liability Rights will result in the abolition of the Mortgage Rights (Article 18 paragraph (1) letter d UUHT). Thus changing the position of creditors holding Mortgage Rights from preferred creditors to concurrent creditors who have individual rights which are rights arising from general guarantees regulated by Article 1131 of the Civil Code.

TANGGUNG JAWAB AHLI WARIS NOTARIS YANG MENINGGAL DUNIA TERHADAP PROTOKOL NOTARIS DI KAITKAN DENGAN KEPASTIAN HUKUM NOTARIS PEMEGANG PROTOKOL Syauqi, Alfa; Erny Kencanawati; Yudha Cahya Kumala
Journal of Innovation Research and Knowledge Vol. 5 No. 4: September 2025
Publisher : Bajang Institute

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In carrying out their duties, a Notary is guided by the rules inherent in the Notary's Office, as stipulated in the Notary Law and other related regulations. A Notary is a public official obligated to maintain and guarantee the accuracy of the Notary's protocol. When a Notary dies, the protocol must be handed over to another Notary to receive it to ensure its certainty. However, this protocol often raises issues due to unfinished work or lawsuits regarding the deceased Notary's protocol. The research problem is formulated as follows: How are the responsibilities of the deceased Notary's heirs and their obligations regarding the Notary's protocol regulated? And what is the legal certainty of the deceased Notary's protocol for the Notary receiving the protocol? The legal theories applied as analytical tools are Hans Kelsen's theory of responsibility and Gustav Radbruch's theory of legal certainty. The method used in this research is a normative juridical research type, namely library legal research or tertiary data. The writing approaches used are the statutory approach, the conceptual approach, the analytical approach, and the case approach. The legal material collection technique was carried out by identifying and inventorying positive legal regulations, books, journals, and other legal sources. The legal material analysis technique employed grammatical interpretation, systematic interpretation, and legal construction methods. The research findings indicate that the heirs of a deceased notary are responsible for submitting the notary's protocol to the notary receiving the protocol through the Regional Supervisory Board and are responsible for other matters related to the protocol. To ensure legal certainty for the responsible heirs and the notary who assists the heirs in resolving any issues that arise, regulations governing this matter are necessary.

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.

Kepastian Hukum Jual-Beli Bijih Nikel dalam Pelaksanaan Sistem Free on Board di Indonesia Dylan Timotius Djim; Dhoni Martien; Yudha Cahya Kumala
J-CEKI : Jurnal Cendekia Ilmiah Vol. 4 No. 6: Oktober 2025
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v4i6.11496

Penerapan sistem Free On Board (FOB) untuk membagi tanggung jawab dan risiko antara penjual dan pembeli. Meskipun kebijakan Kementerian ESDM melalui Surat Edaran Nomor 3.E/MB.01/DJB/2022 mewajibkan penggunaan FOB, praktik di lapangan kerap diubah melalui adendum terpisah yang mengalihkannya menjadi CIF. Perubahan ini menimbulkan ketidak pastian hukum serta potensi pelanggaran prinsip kebebasan berkontrak dan kepastian perikatan menurut KUH Perdata. Rumusan masalah dalam penelitian ini ialah (1) bagaimana problematika pengaturan Free On Board dalam transaksi jual-beli nikel berdasarkan peraturan perundang-undangan; (2) bagaimana kepastian hukum Jual beli bijih nikel yang tidak menerapkan sistem Free On Board. Metode penelitian yang digunakan dalam penelitian ini adalah metode yuridis normatif yang dipadukan dengan wawancara dengan narasumber. Hasil dari penelitian ini mengemukakan bahwa: (1) Surat Edaran Nomor: 3.E/MB.01/DJB/2022 tentang Kewajiban Pelaksanaan Transaksi Penjualan dan Pembelian Bijih Nikel dalam Basis Free On Board (FOB) tidak cukup kuat untuk dijadikan sebagai dasar hukum yang meletakan kewajiban penggunaan FOB dalam jual beli nikel di Indonesia. hal tersebut disebabkan oleh kekuatan hukum surat edaran yang mengikat ke dalam institusi dan tidak mengikat keluar; (2) Adendum terpisah yang mengaburkan titik alih risiko dan melemahkan kekuatan pembuktian, sehingga bertentangan dengan syarat sah perjanjian Pasal 1320 dan asas pacta sunt servanda Pasal 1338 KUH Perdata.

PERLINDUNGAN HUKUM BAGI DEBITUR ATAS PELAKSANAAN LELANG EKSEKUSI HAK TANGGUNGAN TANPA MENGGUNAKAN HARGA LIMIT YANG DITETAPKAN SECARA WAJAR Santoso, Aan Imam; Yudha Cahya Kumala; Maryano , Maryano
Journal of Innovation Research and Knowledge Vol. 5 No. 6 (2025): Nopember 2025
Publisher : Bajang Institute

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Article 55 paragraph (1) of PMK No. 122 of 2023 states that every Auction implementation is required to have a Limit Value. However, in practice, the implementation of mortgage execution auctions is often carried out without paying attention to the provisions regarding a reasonable limit price. The formulation of the problem in this study is what are the legal consequences of implementing mortgage execution auctions without using a reasonably determined limit price? And what is the legal protection for debtors for implementing mortgage execution auctions without using a reasonably determined limit price? The theories used in this study are the theory of legal consequences according to R. Soeroso and the theory of legal protection according to Satjipto Rahardjo. The method used in this research is a normative juridical research type in the form of legal materials from libraries or secondary data with primary, secondary and tertiary legal materials sources. The research approach used is a statutory, conceptual, analytical and case approach. The legal material collection technique is carried out by identifying and inventorying positive legal regulations, and researching library materials relevant to the problem. The legal material analysis technique is carried out with systematic legal interpretation, grammatical and analogical construction. The results of the study indicate that the legal consequences of implementing a mortgage auction without using a reasonably determined limit price are that the auction is invalid and has no binding legal force. The unfairness in determining the limit price that is not based on an objective and independent assessment has caused real losses for the debtor. Therefore, this action can be categorized as an unlawful act (onrechtmatige daad). The consequences of this violation not only cause the cancellation of the auction results, but also have an impact on the legal status of the collateral object, which must be returned to its original condition before the auction was conducted. Legal protection for debtors in implementing a mortgage auction without using a reasonably determined limit price is provided in the form of repressive legal protection. This protection allows the aggrieved debtor to file an objection or lawsuit through the courts. The legal basis refers to Article 1365 of the Civil Code concerning unlawful acts, which occur when the execution is carried out without paying attention to the principle of prudence, without involving an independent assessment, or in bad faith. In this context, the debtor can demand the cancellation of the auction results and the restoration of rights to the collateral object that has been auctioned illegally.

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