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All Journal Journal of Innovation Research and Knowledge
Dhoni Martien
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta
Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM PEMEGANG HAK MILIK ATAS TANAH TERHADAP PERALIHAN JUAL BELI TANAH BERDASARKAN KUASA MUTLAK Nurul Inayah Hi Kusnadi; Dhoni Martien; Amelia Nur Widyanti
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

This research examines the legal consequences of land sale and purchase agreements based on absolute power and how the legal protection of owners of land whose transfer is based on absolute power is legal. This research uses 2 legal theories, including the theory of legal consequences according to Soeroso and the theory of legal protection according to Satjipto Rahardjo. The method used in this research is normative juridical research, namely library legal research or secondary data using primary, secondary, and tertiary legal sources. The research approaches employed are the Statutory Approach, the Conceptual Approach, the Analytical Approach, and the Case Approach. The legal material collection technique involves identifying and inventorying positive legal regulations, books, journals, and other legal sources. The legal material analysis technique utilizes grammatical interpretation, systematic interpretation, analogy construction, and legal refinement construction methods. The research results show that the transfer of land rights based on absolute power is legally considered null and void because it violates the principle of freedom of contract in good faith and violates the provisions prohibiting the use of absolute power in land registration. Legal protection for holders of original property rights is provided through repressive legal measures, namely filing a lawsuit with the District Court to cancel the deed of sale and purchase agreement which is based on absolute power which was the initial agreement for the sale and purchase of the land and to return the ownership status to its original state.
KEPASTIAN HUKUM DALAM PENYELESAIAN SENGKETA WANPRESTASI OLEH PENGEMBANG PADA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) APARTEMEN Yoice Natalia Widjaja; Dhoni Martien; Erny Kencanawati
Journal of Innovation Research and Knowledge Vol. 5 No. 5 (2025): Oktober 2025
Publisher : Bajang Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53625/jirk.v5i5.11437

Abstract

The dispute of default (wanprestasi) in Apartment Sale and Purchase Agreement (PPJB) is evident from numerous construction delays and buyer losses caused by the developer’s breach of promise (Dasein). Ideally, legal certainty should be upheld through the application of the Indonesian Civil Code (KUH Perdata) and related regulations so that the rights and obligations of the parties are fairly and securely protected (Dassollen). This raises two main issues: (1) How to resolved breach of contract disputes by developers in Apartment Sale and Purchase Agreement (PPJB)? and (2) How to ensure legal certainty in resolving breach of contract disputes by developers in Apartment Sale and Purchase Agreements (PPJB)? These questions are examined using Yahya Harahap’s Dispute Resolution Theory and Jan Michiel Otto’s Theory of Legal Certainty. The method used in this research is normative juridical research, specifically a legal library study or secondary data analysis. The legal sources include primary, secondary, and tertiary sources. The research approaches used are statute, case, conceptual, and analytical. The legal materials were collected by identifying and inventorying positive law, journals, and other legal sources. The legal materials were analyzed using grammatical, systematic, teleologis interpretations. The legal construction was carried out using analogy and argumentum a contrario methods. The result of this study is that the settlement of ppjb apartment default disputes is generally taken through litigation in court, although non-litigation options are available but rarely used and that legal certainty has been guaranteed by the Civil Code, The Flats law and the legal certainty of PPJB apartment default disputes have been regulated in the Civil Code, The Flats law, and the consumer protection law, but the implementation is still hampered by the execution of decisions, disparity in compensation, and standard clauses, so it is necessary to strengthen regulation and supervision so that consumer protection is more real.
PERLINDUNGAN HUKUM BAGI PENJUAL TERHADAP PERALIHAN HAK ATAS TANAH AKIBAT JUAL BELI YANG BELUM LUNAS Fachrul Muhammad; Wira Franciska; Dhoni Martien
Journal of Innovation Research and Knowledge Vol. 5 No. 10 (2026): Maret 2026
Publisher : Bajang Institute

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Abstract

In its execution, the Deed of Sale and Purchase (Akta Jual Beli or AJB) adheres to the prevailing customary law and fulfills the principles of "terang" (transparency) and "tunai" (cash payment). However, in practice, it is often found that the AJB is executed even though the payment has not been fully made, and the transfer of land rights to the buyer has already taken place. This study addresses two main research questions: What is the legal protection afforded to the seller in a land sale and purchase where the payment has not been fully settled and What are the legal consequences of transferring land rights based on a Deed of Sale and Purchase executed prior to full payment The study employs the Legal Consequence Theory by Soeroso and the Legal Protection Theory by Philipus M. Hadjon. The research method used is normative juridical (legal research based on library study or secondary data, including primary, secondary, and tertiary legal materials). The approaches utilized in this study include statutory, conceptual, case-based, and analytical approaches. The technique for collecting legal materials involves identifying and inventorying relevant legal norms, legal literature, and other supporting legal documents. The analysis technique applied is based on grammatical and systematic interpretation of legal norms. The findings of this study conclude that the legal consequence of executing an AJB without full payment, followed by the transfer of rights, is that the deed may be annulled through a court decision. Furthermore, legal protection for the seller is guaranteed by law, which provides the seller with the right to file a lawsuit.
Co-Authors Amelia Nur Widyanti Erny Kencanawati Fachrul Muhammad Nurul Inayah Hi Kusnadi Wira Franciska Yoice Natalia Widjaja