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INDONESIA
Jurnal Konstatering
Published by Universitas Islam Sultan Agung
ISSN : 28284836     EISSN : 28284836     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. The aims of this journal is to provide a venue for academicians, Researchers and practitioners for publishing the Articles of original research or review articles. The scope of the Articles published in this journal deal with a broad range of topics of law notaries including: Land and Rights Transfer Certificate; Legal engagements agreements; Inheritance law; Security law; Agrarian law; Islamic banking; The law of islamic economics; Tax law; Auction; Insolvency; Intellectual property rights, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 252 Documents
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Legal Protection for Land Heirs Who Apply for Land Ownership Rights Based on a Land Clearance Permit Manalu, Novida; Sulchan, Achmad
Jurnal Konstatering Vol 4, No 2 (2025): April 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract. This research aims to investigate and analyze the legal concept for land owners who do not yet have a registered land certificate at the National Land Agency and to find out and analyze the legal protection for land heirs who apply for land ownership rights based on a land clearing permit from the Sub-district Head based on Decision Number: 258 / Pdt.G / 2022 / PN.Pbr. This study uses a normative legal approach by reviewing relevant laws and regulations, as well as analyzing cases related to land disputes involving heirs. The data used in this study were obtained through a literature study of law books, journals, and regulations related to land ownership rights and legal protection for heirs. The analysis method used is a qualitative method with a descriptive approach. The results of the study indicate that legal protection for land heirs who apply for land ownership rights based on a land clearing permit from the sub-district head is still inadequate. In many cases, heirs have difficulty in proving the validity of their ownership rights, especially when there is administrative ambiguity or overlapping ownership. Therefore, efforts are needed to improve the land administration system to provide better protection for heirs and reduce the potential for legal disputes in the future.Keywords: Inheritance; Land; Law; Protection.
Legal Protection for Buyers in Good Faith in Land Sale Agreements Under Hand Without The Presence of The Seller (Case Study of Court Decision Number 81/PDT.G/2024/PN.Son) Rusilah, Eni; Arifulloh, Achmad; Darmadi, Nanang Sri
Jurnal Konstatering Vol 4, No 3 (2025): July 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

A buyer in good faith is a buyer who is unaware of any defects or flaws in a sale or purchase. Legal protection for buyers in good faith is based on Article 1338 of the Civil Code concerning agreements that must be executed in good faith and SEMA Number 7 of 2012, which guarantees legal protection for buyers in good faith. This research uses a case approach and a statute approach. Efforts to gain clarity and understanding of the problem based on court decisions and judges' considerations. Secondary data Obtained from library materials, the data is usually arranged in the form of documents including books, documents, research results embodied in reports and so on. Obtained from primary, secondary and tertiary legal materials. The results of the study show that the legal protection of buyers in good faith is based on Court Decision Number 81 / PDT.G / 2024 / PN.Son, namely stating that the buyer (Defendant) is a buyer in good faith and stating that the Defendant's actions are acts of breach of promise (Wanprestasi), this is in accordance with the theory of preventive legal protection which means that the buyer obtains the land rights in good faith based on the sale and purchase agreement. The judge's legal considerations in this case are in line with the theory of legal certainty, namely conducting a local inspection, to find facts in the field, and conducting an examination of evidence and witnesses and conducting an analysis of the sale and purchase agreement. The decision of the District Court at Level 1 has not yet become final, if there is an appeal, the results of this decision can be inversely proportional to the next decision.

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