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All Journal Hakim: Jurnal Ilmu Hukum dan Sosial Jurnal Hukum, Administrasi Publik dan Negara
Kilkoda Agus Saleh
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Status Hukum Harta Waris Berupa Tanah Hak Milik yang Menjadi Objek Perjanjian Nominee dalam Perspektif Hukum Waris, Hukum Perjanjian, dan Hukum Agraria Muhammad Imamulhikmi; Susilowati Suparto; Kilkoda Agus Saleh
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 2 (2025): Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i2.220

Abstract

Nominee agreements provide a way for foreigners to own land in Indonesia by using the name of an Indonesian citizen on the land certificate. The Indonesian citizen in the Nominee Agreement dies. The land used as an object in the Nominee Agreement is one of the inheritance assets to the legal heirs. The results showed that the disputed land should have fallen to the state, even though the heirs were legitimate heirs to inherit the property rights to the disputed land.
Analisis Perjanjian Jual Beli Tanah Yang Berstatus Dijaminkan Kepada Pihak Ketiga Menurut Peraturan Perundang-Undangan Terkait Olwintra Sitorus; Anita Afriana; Kilkoda Agus Saleh
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i2.1736

Abstract

Sale and purchase of land agreement is a legal act that involves two provisions, which are the provisions of agreement law and the provisions of agrarian law.. Sale and purchase of land agreement can’t be made privately and might cause disputes in the future. This dispute can cause losses for certain parties so that legal action is needed. The purpose of this research is to understand and examine the validity of the transfer of land rights through sale and purchase agreement related to its status that is guaranteed to third parties and the legal action that can be taken by the land buyer as the disadvantaged party because of the transfer of land and/or building rights through sale and purchase agreement related to its status that is guaranteed to third parties. The research uses a normative juridical approach method with analytical descriptive research specifications. Data collection technique in this research is obtained through literature study which was then analyzed using qualitative juridicial method. The analysis shows that the validity of the transfer of land rights through sale and purchase agreement related to its status that is guaranteed to third parties is invalid. That situation violates the legal terms of the agreement which results in the agreement being null and void. The land buyer as the party who is disadvantaged by these actions can file a legal act which is a civil lawsuit. The existence of a court judgement is a form of legal certainty for the parties in dispute to obtain their rights.
Co-Authors Anita Afriana Muhammad Imamulhikmi Olwintra Sitorus Susilowati Suparto