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All Journal WAJAH HUKUM Law, Development and Justice Review
Darmawan, Marchelo Ivan
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Law, Crime, Criminology & Criminal Justice

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Analisa Yuridis Tentang Perjanjian Sewa Menyewa Tanpa Batas Waktu Darmawan, Marchelo Ivan; Suryawati, Nany
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.180-199

Abstract

Land is one of the primary human needs that is needed in various human activities in carrying out their lives, but land is a limited natural resource that cannot increase in number. Population growth is increasing but the supply of natural resources in the form of land cannot increase, this makes land a scarce resource and increasingly difficult to obtain because the price increases every year so that the community has another option, namely by taking legal action in the form of leasing land and / or buildings. The Civil Code and the Law of Treaties in Indonesia do not contain rules regarding time limits in leases, so the author is interested in conducting a juridical analysis  of indefinite lease agreements and how to regulate the termination of indefinite lease agreements in Indonesia. This article uses a normative juridical approach method with  a legislative approach and a conceptual approach, the legal materials used are primary and secondary materials. The result of the analysis is that an indefinite land lease agreement can be made because in the Civil Code, Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles there is no specific regulation regarding the time limit of the lease agreement, then the indefinite lease agreement can be terminated with the agreement of both parties and must notify the tenant in advance if they want to stop the lease.
Analisa Yuridis Tentang Legalitas Alat Pembuktian Dalam Pembatalan Sertifikat Hak Milik Dan Kewenangan Badan Peradilan (Studi Kasus Putusan PN Surabaya Nomor 810/Pdt.G/2014/PN.Sby) Darmawan, Marchelo Ivan; Suryawati, Nany
Wajah Hukum Vol 8, No 1 (2024): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v8i1.1442

Abstract

Legal problems in the land sector occur very often, especially in this situation, land is something that has high economic value. This can trigger land disputes between groups of people in wider society. These disputes or conflicts will give color to people's lives where increasing population growth will increase the responsibility for land demand. Land disputes are disputes that are basically included in the civil section unless there are criminal or legal elements to the land dispute or conflict. This research is normative juridical research. The normative juridical method is a research method for legal science which is carried out to research with library and secondary materials to study the types of legal rules and regulations that have a formal character, namely laws, regulations and literature which are filled with theoretical concepts based on legal approaches. invite. Many land issues end up being resolved in state courts. The case discussed in the writing of this article is the SURABAYA District Court Decision No. 810/Pdt.G/2014/PN.Sby which in its decision stated that the Certificate of Ownership in the case did not have the power of proof according to the law and decided to cancel the Deed of Sale and Purchase which was presented in front of Notaries and PPATs, which are the authority of civil judges to cancel deeds of sale and purchase made in front of Notaries and PPATs, however, civil judges cannot cancel certificates as regulated in SEMA No. 10 of 2020, General Civil Affairs/2/SEMA 10 2020
Co-Authors Nany Suryawati, Nany