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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) International Journal of Educational and Life Sciences (IJELS)
Solikhah
Universitas Sebelas Maret
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LEGAL ISSUES OF TRANSFER OF LAND RIGHTS THROUGH SALE AND PURCHASE THAT DOES NOT ACCORD TO THE PROCEDURE FOR MAKING A DEED OF SALE AND PURCHASE (Study of Supreme Court Decision Number 1196 K/Pdt/2020) Muhammad Arfananda Ghifari; Solikhah; Burhanudin Harahap
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

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Abstract

This study discusses the legal issues of land transfer rights through sale and purchase that do not comply with the procedures for making a Deed of Sale and Purchase (AJB) as reflected in Supreme Court Decision Number 1196 K/Pdt/2020. This problem arises because the making of the AJB is not based on the actual wishes of the parties. This study aims to analyze the procedures for making AJB in the decision and the legal consequences that arise for deeds and transfers of land rights based on AJBs that are made not in accordance with procedures. The research method used is normative legal research with a statute approach and a case approach , through an analysis of Supreme Court Decision Number 1196 K/Pdt/2020 which has permanent legal force. The results of the study indicate that the making of AJBs that do not comply with procedures causes the AJB and other related deeds to be declared invalid and have no legal force, so they cannot be used as a basis for transferring land rights. As a result, the Certificate of Ownership issued based on the deed is declared legally flawed and null and void, and creates an administrative obligation for the PPAT holding the protocol to make adjustments and complete the protocol administration in accordance with the provisions of laws and regulations.
The Division of Joint Property in the Form of Song Royalties (A Case Study of Decision Number 16/Pdt.G/2024/PTA.JK) Annisa' Nailis Saadah; Luthfiyah Trini Hastuti; Solikhah
International Journal of Educational and Life Sciences Vol. 3 No. 1 (2025): January 2025
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijels.v3i1.161

Abstract

This article aims to analyze the methodology of royalty distribution in divorce cases and assess Decision Number 16/Pdt.G/2024/PTA.JK, regarded as the first legal precedent in Indonesia for dividing royalties as joint marital property upon court-declared dissolution of marriage. The analysis is based on John Rawls's and MH Kamali's theories of justice. Using normative research methods, the article examines statutory provisions regulating the rights and obligations of divorcing couples and evaluates the court decision in question. The findings indicate that royalties qualify as joint marital property since they are intangible assets derived from rights. The division of joint property is carried out equally, in accordance with Articles 96 and 97 of the Islamic Law Compilation. This decision reflects justice for the parties involved, as both contributed to the song creation process.
Co-Authors Annisa' Nailis Saadah Burhanudin Harahap Luthfiyah Trini Hastuti Muhammad Arfananda Ghifari