Amelia Nur Widyanti
Program Pascasarjana Magister Kenotariatan, Universitas Jayabaya Jakarta

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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 PEMBATALAN AKTA SEWA MENYEWA OLEH PENGADILAN TERKAIT WANPRESTASI OLEH PENYEWA DALAM PERJANJIAN SEWA MENYEWA Syahwir Hafiz; Amelia Nur Widyanti; Furcony Putri Syakura3
Journal of Innovation Research and Knowledge Vol. 5 No. 11 (2026): April 2026
Publisher : Bajang Institute

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Abstract

A lease agreement executed in the form of a notarial deed, as regulated under Article 1548 of the Indonesian Civil Code, may be rescinded due to default as stipulated in Article 1243 of the Civil Code, with legal consequences pursuant to Articles 1266 and 1267 thereof, which in principle require formal recognition through a court decision. The issues examined in this study concern the legal consequences of the annulment of a deed by the court in relation to default committed by the lessee, and the legal certainty of such judicial annulment arising from the lessee’s default. The theoretical framework applied in this research consists of the theory of legal certainty as formulated by Jan Michiel Otto and the theory of legal consequences as developed by Soeroso. The research method used is normative juridical research, namely legal research based on library materials or secondary data, consisting of primary, secondary, and tertiary legal materials. The research approaches employed include the statutory approach, case approach, analytical approach, and conceptual approach. The collection of legal materials is carried out by identifying and inventorying positive legal norms, book literature, journals, and other legal sources. The analysis of legal materials is conducted through legal interpretation, namely grammatical interpretation and systematic interpretation, as well as methods of legal construction, including analogical construction and legal refinement. The findings of this research showed that the judicial annulment of a lease agreement due to the lessee’s default not only terminates the contractual relationship, but also gives rise to new legal consequences in the form of changes in the legal status of the parties, the affirmation of post-contractual rights and obligations, and the imposition of enforceable civil sanctions, such that legal certainty is genuinely achieved when the provisions of the Civil Code are applied consistently and judicial decisions are implemented concretely in accordance with the concept of realistic legal certainty