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Amelia Nur Widyanti
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 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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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
KEPASTIAN HUKUM AKTA DI BAWAH TANGAN YANG TELAH DILEGALISASI NOTARIS DALAM PEMBUKTIAN DI PENGADILAN Hengki Pranata; Amelia Nur Widyanti; Iran Sahril
Journal of Innovation Research and Knowledge Vol. 6 No. 1 (2026): Juni 2026
Publisher : Bajang Institute

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Abstract

In civil court proceedings, one of the duties of the judge is to investigate whether or not a legal relationship is the basis of the lawsuit so that in the legal analysis of proof of an underhand deed legalized by a notary, there are differences in the application of an underhand deed by a Notary. According to Article 1874a of the Civil Code and Article 15 paragraph (2) letter a UUJN. These differences cause the Notary in carrying out his position to be different in applying the deed under the hand. The problem in the research, how is the deed under the hand in the law of civil proof, how is the authority of the notary in the procedure for proving the deed under the handAccording to Article 15 paragraph (2) letter a of the UUJN and Article 1874a of the Civil Code, what are the legal consequences of implementing an Underhand Deed in accordance with Article15 paragraph (2) letter a UUJN or Article 1874a of the Civil Code. First Theory ruling that includes theory Answer Ruling menu R.Soeroso and Theory Belief Ruling menu Jan Michiel Otto. Method of including penalty herein with any normative jurisdictional penalty, including primary, secondary and tertiary penalty or secondary data. A combination of peer-reviewed pedagogies ranging from groundbreaking pedagogy, conceptual pedagogy, analytical pedagogy, case pedagogy, and techniques to identifying and inventorying positive pedagogy, literature, books, journals and several pedagogical pedagogies. For technical analysis, judgments are made with grammatical interpretation, systematic interpretation, and judgment construction methods. As a result of the private deed applied by the Notary as referred to in Article 15 paragraph (2) letter a of the UUJN, the deed has the power of formal proof of truth guaranteed by the Notary so that the private deed is not included in the category of weak evidence. As a result of a private deed applied by a Notary as referred to in Article 1874a of the Civil Code, the deed has the power of formal and material proof of truth
PERLINDUNGAN HUKUM BAGI PEMBELI TERHADAP PERALIHAN HAK ATAS TANAH AKIBAT JUAL BELI YANG DILAKUKAN DI BAWAH TANGAN T Sy Alfina Ulfah; Wira Franciska; Amelia Nur Widyanti
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.v5i5.11462

Abstract

This research discusses legal issues arising from the practice of unregistered land rights transactions. This practice is often conducted to avoid administrative fees, expedite the transaction process, or due to a lack of knowledge of applicable legal procedures. Unregistered transactions do not meet formal legal requirements and thus have the potential to cause problems, such as when the seller or their heirs deny the existence of the transaction, or when the land becomes the subject of a dispute in court. This causes good faith purchasers to face difficulty in defending their rights because the evidence they possess lacks probative value. The theories used in this research are the Theory of Legal Consequences by Soeroso and the Theory of Legal Protection by Satjipto Rahardjo. The research method used is normative legal research, which is conducted by examining library materials or secondary data. The approaches used in this study include the statute approach to examine all relevant laws and regulations, the case approach to build legal arguments based on concrete cases, the analytical approach, and the conceptual approach. The legal materials used consist of primary legal materials that are authoritative and binding, secondary legal materials, and tertiary legal materials. Based on an analysis of court decisions, it was found that the Indonesian justice system seeks to provide legal protection to good faith purchasers in unregistered land transactions. Although the transaction was not made before a competent official, the court can declare the sale and purchase valid and establish the buyer as the legal owner. This indicates that ownership of land rights does not only depend on the PPAT deed, but also on strong evidence of the agreement, full payment, and legal physical possession.
Co-Authors Dhoni Martien Hengki Pranata Iran Sahril Nurul Inayah Hi Kusnadi Syahwir Hafiz Syakura, Furcony Putri T Sy Alfina Ulfah Wira Franciska