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JURIDICAL ANALYSIS OF THE NAME TRANSFER PROCESS OF LAND RIGHTS AS MARITAL COMMUNITY PROPERTY (A Case Study at the Office of Notary & Land Deed Official YONDRI DARTO, S.H. in Batam) Nadia Defani; Laily Washliati; Agus Siswanto Siagian
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4093

Abstract

The process of transferring land rights as part of marital property after divorce is an important aspect in providing legal certainty for the entitled parties. Within the national legal framework, joint property is explicitly regulated in Article 35 paragraph (1) of the UUP, and to implement the transfer of rights, an authentic deed in the form of a Deed of Separation and Division of Joint Property is required, drawn up by a notary in accordance with the authority based on Article 15 paragraph (1) of the Notary Law. This deed then becomes the basis for the PPAT to issue an APHB for the purpose of transferring ownership at the Land Office. This study aims to analyze the process of transferring land rights to joint property through a research study at the Notary and PPAT Yondri Darto, S.H., in Batam. This study analyzes the legal regulations, their implementation, as well as the obstacles and solutions. This study uses a descriptive method with a normative approach (legal research) to obtain secondary data and an empirical approach (sociological jurisprudence) to obtain primary data through field research. Based on the results of the study, it can be concluded that the mechanism of transfer of ownership through the Deed of Separation and Division of Joint Property and APHB is a legal and efficient solution, as long as the procedures and documents are fulfilled in accordance with legal provisions. Obstacles that often arise include a lack of understanding by the parties and administrative obstacles. Therefore, the parties are advised to immediately take legal steps after divorce, while Notaries and PPATs ensure procedural compliance with the support of legal education, administration, and technology-based service systems.
A LEGAL ANALYSIS OF THE DRAFTING OF INTERNATIONAL COOPERATION DEEDS TO PREVENT BUSINESS DISPUTES (A Research Study in Batam City) Rahaditya Reza Christianto; Ali Imran; Agus Siswanto Siagian
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 9 (2025): AUGUST
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i9.1142

Abstract

Globalization has driven an increase in the intensity of international business cooperation involving various cross-border entities. In this context, international cooperation agreements play a crucial role as legal instruments capable of regulating relations between parties and mitigating potential disputes. Batam City, as a strategic free trade and free port area (KPBPB), plays a vital role in supporting cross-border business cooperation. However, in practice, the drafting of international cooperation agreements faces complex challenges in terms of regulation, implementation, and harmonization of the legal system. This research focuses on three main research questions: how the drafting of international cooperation agreements is regulated in Indonesia, how the drafting of international cooperation agreements is implemented, specifically in Batam City, and the obstacles and solutions encountered in drafting such international cooperation agreements. These three aspects are examined to understand the extent to which national and local legal systems can anticipate and facilitate the need for equitable and effective cross-border cooperation. The research methods used are normative juridical and empirical. Data were obtained through a literature review of legal regulations, doctrines, and theories, as well as fieldwork through interviews with notaries, legal practitioners, and relevant agencies in Batam City. This research employed a descriptive-analytical approach with qualitative analysis to describe the reality of legal practice and evaluate the effectiveness of drafting international cooperation deeds. The results indicate that regulations for drafting international cooperation deeds in Indonesia are not yet specifically regulated, leading to differing interpretations in the field. Implementation in Batam City still faces limited human resource capacity and a lack of synchronization between government agencies. The main obstacles include differences in legal systems, language, and a lack of international contract drafting standards. Therefore, it is recommended that the government develop comprehensive technical regulations, increase training for notaries, and strengthen cross-agency coordination to create legal certainty and prevent disputes in international business cooperation.