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All Journal Justisi : Jurnal Ilmu Hukum International Journal of Social Science, Educational, Economics, Agriculture Research, and Technology (IJSET)
Sayyida Faradiba Vahlevi
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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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LEGAL ANALYSIS OF LAND OWNERSHIP TRANSFER THROUGHT RELEASE OF RIGHTS WITH COMPENSATION (PHGR) (Case Study of Decision Number 275/PDT.G/2020/PN Mdn) Sayyida Faradiba Vahlevi; Hasim Purba; Sutiarnoto
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 1 (2024): DECEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i1.638

Abstract

Transfer of land rights can be done in various ways, one of which is through Transfer of Land Rights with Compensation (PHGR). Article 1338 paragraph 3 of the Civil Code states that an agreement must be carried out in good faith. Good faith when making an agreement means honesty. One of the legal issues regarding the transfer of land rights with compensation in the Medan District Court Decision Number: 275 / Pdt.G / 2020 / PN Mdn, in conjunction with the Medan High Court Decision Number: 370 / Pdt / 2021 PT MDN, in conjunction with the Supreme Court Decision Number: 4259 K / Pdt / 2022. The issues raised in this decision are: What are the legal consequences of the transfer of land rights based on the release of rights with compensation, how is the legal protection of the parties against the transfer of land rights with compensation that is transferred by borrowing a name and how is the analysis of the considerations of the Medan District Court Judge in Case Number 275 / Pdt.G / 2020 / PN Mdn in conjunction with Decision No. 370/Pdt/2021/PT MDN jo. Decision No. 4259 K/Pdt/2022. The research method used is normative juridical with a descriptive analytical approach. The data used are secondary data, including primary, secondary, and tertiary legal materials. Data collection was carried out through literature studies and interviews. The analysis was carried out qualitatively by drawing deductive conclusions to answer the research problems. The results of this study are known The legal consequences of the transfer of land rights with compensation are valid and transferred so that the recipient can use and take maximum benefits from the land they own, but this must meet the provisions of the elements of Article 1320 of the Civil Code. Legal protection for the parties against the transfer of land rights with compensation that is transferred by borrowing a name consists of 2 (two) forms, namely the first preventive legal protection is by registering the land, the second repressive legal protection through the General Court. Legal protection for holders of land rights that have not been certified in good faith as regulated in Article 24 and Article 32 of PP 24 of 1997 concerning Land Registration, namely being able to file complaints, objections and lawsuits through the court. and the Panel of Judges rejected the cassation application, while the legal consideration of the judge was that the Judex Facti Decision of the Medan High Court did not conflict with the law and/or statutes.
THE PREVENTIVE ROLE OF NOTARIES IN MITIGATING CORPORATE BANKRUPTCY RISK THROUGH CORPORATE DEED DRAFTING IN INDONESIA Agustina; Bobby Christian Halim; Sayyida Faradiba Vahlevi
Justisi: Jurnal Ilmu Hukum Vol. 11 No. 1 (2026): Justisi: Jurnal Ilmu Hukum
Publisher : Program Studi Hukum Fakultas Hukum Universitas Buana Perjuangan Karawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36805/ed705428

Abstract

: The growing complexity of business transactions has increased corporate exposure to legal risk, including bankruptcy risk arising not only from financial distress but also from weak legal architecture in corporate documents. This study examines the preventive role of Indonesian notaries in mitigating bankruptcy risk through the drafting of corporate deeds. It addresses three issues: the legal framework governing this role, its implementation in notarial practice, and the juridical and practical factors affecting its effectiveness. The research adopts a doctrinal legal method using statutory and conceptual approaches. Primary legal materials include the Notary Office Law, the Company Law, the Indonesian Civil Code, and the Bankruptcy and Suspension of Debt Payment Obligations Law; secondary materials consist of relevant legal scholarship and professional literature. The materials are analysed qualitatively through systematic interpretation and prescriptive legal reasoning. The study finds that Indonesian law provides a sufficient normative basis for notarial involvement in corporate transactions, but it does not expressly integrate notaries into a formal bankruptcy-risk mitigation framework. In practice, preventive value arises from careful verification, precise allocation of corporate authority, balanced contractual drafting, dispute-resolution mechanisms, and legally sound restructuring instruments. Effectiveness nevertheless depends on regulatory coherence, professional competence, due care, legal awareness among business actors, and the quality of corporate legal governance. The article argues that corporate deeds should be treated not merely as evidentiary instruments, but as components of legal risk management capable of reducing dispute escalation and supporting business continuity.
Co-Authors Agustina Bobby Christian Halim HASIM PURBA Sutiarnoto