Purchase Deed Research Articles

KELALAIAN PPAT ATAS PERBUATAN MELAWAN HUKUM ANAK TIRI PEMBELI TERHADAP TUNA AKSARA

The deed made by PPAT is an authentic official document so that PPAT in making deeds must be in accordance with the procedures of the Government Regulation of the Republic of Indonesia concerning Regulations on the Position of Land Deed Making Officers. However in making PPAT deeds, it is often found that the lack of professionalism of PPAT in carrying out legal actions results in the deeds made by PPAT experiencing losses to the parties in the future. This research was conducted so that PPAT is able and able to carry out their duties well in serving the unemployed community who want to do legal actions. This research uses normative juridical case study research with the approach of laws and regulations and government regulations. It is still found in case study number : 186/Pdt.G/2020/PN.Dpk. that PPAT was negligent in carrying out its duties in making Deed of Sale and Purchase No.168/2015 for the illiterate. therefore, PPAT does not carry out its proper obligations and is contrary to Article 22 of Government Regulation No.37 of 1998. Based on the results of the determination, the Deed of Sale and Purchase No.121./2016 is invalid and null and void.

Akibat Hukum Dari Pembuatan Akta Jual Beli Tanah Yang Tidak Sesuai Dengan Tata Cara Pembuatan Akta PPAT

The growing of importance meaning of the land to human life today may causes increase of the potential for conflicts or land disputes, to prevent or at least to reduce the potential for conflict or dispute are required legal and orderly system of land administration. Therefore is required to transfer land rights to be registered must be proven by deed of PPAT. As authentic documents PPAT deed must meet procedures for making the deed of PPAT as determined by the laws and other rules. Making the deed that is incompatible with how making PPAT deed may pose a risk to the certainty of land rights arising or recorded on the basis of such deed. Based on this background the authors give the title of this thesis, The Legal Consequences of Making the Deed of Sale and Purchase of Land That is Incompatible With PPAT Deed Making Procedures. The aim of this study is to determine the forms, causes and legal consequences of making the deed of sale and purchase of land not in accordance with the procedure making the deed of PPAT. The method of juridical approach used is empirical research with prescriptive specifications and data sources used are primary and secondary data. Collecting data is done by doing library research and field study and then after the data were analyzed conclusion is by using the method of inductive thinking. Based on this research found that, the legal effect of making the deed of sale and purchase of land not in accordance with procedures for making the deed of PPAT is: PPAT can be dishonorably discharged, PPAT deed degraded the strength of proof becomes deed under hand and third parties may utilize it to its interests.

Notary Liability for the Sale and Purchase of PT GEI Shares Made Unlawfully (Study of Decision Number 188 PK/Pdt/2020)

The making of the deed of sale and purchase agreement of the company's shares must follow the legal rules regulated by corporate law. However, in the making of the deed of sale and purchase of shares of PT GEI, there was a fake sale and purchase in which the procedure was carried out without the approval of the general meeting of shareholders and without payment for the sale and purchase. This research aims to analyze the legal responsibilities of notaries. This research is a normative legal research, with statutory, conceptual and case approaches. The data source used is secondary data. Qualitative normative data analysis method. Research results show that: The notary's responsibility for the fake sale and purchase of company shares is the responsibility of the civil aspect and the administrative aspect.Keywords: Responsibility Of Notary, Acts Against The Law

Legal Certainty of the Deed of Grant of the Will Whose Object is Sold by the Grantor of the Will to Another Party

This writing was motivated by the Surabaya District Court Decision Number 1270/Pdt.G/2021/PN.Sby whose case was regarding the Deed of Sale and Purchase which the object of sale and purchase had been made as an object of a testamentary grant and had been included in the Testament Grant Deed Number 119. The implementation of the sale and purchase is carried out using a Power of Attorney to Sell where the Seller is an elderly woman who is 78 years old and suffers from memory impairment that also known as dementia, so the Seller does not remember that she had made a transaction buying and selling of land that has been given as a testamentary grant. The seller signs the Power of Attorney to Sell without the consent of hes heirs and the sale and purchase was carried out without the knowledge of the seller's family. This writing was written using normative research methods by collecting legal materials regarding testamentary grants and linking Decision Number 1270/Pdt.G/2021/PN.Sby with applicable laws and regulations, and with literature studies in the form of articles that relating to testamentary grants. The conclusion that can be drawn from this research is that the panel of judges has been unwise in carrying out legal considerations in Decision Number 1270/Pdt.G/2021/PN.Sby and the Notary who made the Power of Attorney to Sell must apply the precautionary principle so there will be no dispute over the object of sale and purchase in the future.

Fungsi Akta De Command dalam Proses Lelang Jaminan Debitur Menurut Peraturan Perundang-undangan di Indonesia

The Notaries are charged with great responsibility for every action taken, in this case making an authentic deed. The world of auctions is known for the acte de command. The temporary purchase plan by the bank must begin with the creation of an authentic deed known as the Deed of Purchase for Others or also known as the Acte de command which essentially contains a statement that the creditor bank will participate in the auction to purchase its credit collateral assets. Acte de command has an important role for banks that have auctioned off their auctioned collateral. The auction is carried out in the context of paying off bad loans by debtors. In practice, there are banks that use Acte de command in situations where there are several other bidders who are interested in buying the bank's collateral. takeover of collateral through an auction by signing an agreement to take over the collateral between the bank and the debtor or making a notarial report of credit settlement, then proceed with making an Acte de Command, which is a statement between the buyer appointed by the bank (usually a bank employee) and the debtor which states that the buyer is acting buying collateral is done for the benefit of another party whose name will be determined at a later date who is appointed to replace the buyer. The legal issue in this thesis is the obscurity of norms, because not all banks in Indonesia use de command deed for the auction process. Collateral goods purchased must be sold no later than 1 (one) year. If the parties to the deed are in default, then proceed with the court process and the goods guaranteed will be auctioned, and if the maximum time limit for the de command expires, the deed will be canceled or forfeited

Legal Protection Of Buyers Against Land Mafia Crimes In The Making Of Sale And Purchase Deeds

This research discusses the legal protection for buyers in the context of land mafia crimes related to the making of a sale and purchase deed. Land mafia crimes have become a serious threat to property transactions, especially when involved in the creation of sale and purchase deeds. The purpose of this research is to analyze the legal protection available for buyers in dealing with land mafia crimes. This research uses the normative legal research methods by analyzing laws and regulations relating to property transactions and legal protection for buyers. The results showed that legal protection for buyers can be found in several legal instruments, such as the Basic Agrarian Law, the Law on Land Rights Guarantees, and the Law on Provincial Regulations on Spatial Planning. However, there are several challenges faced by buyers in protecting their rights related to property purchases. Land mafia crimes often involve complex practices and deception that are difficult to detect. In addition, vulnerabilities in the sale and purchase deed process and weak law enforcement are obstacles in providing effective protection for buyers. In this research, improvements are recommended in the legal system related to property transactions to provide stronger protection for buyers. Awareness-raising and education effort for the public are also important to prevent property deception and land mafia crimes. In addition, it needs to be close cooperation between the authorities, financial institutions and the public to tackle this problem. In conclusion, the legal protection for buyers in the context of land mafia crimes in making of sale and purchase deeds still requires serious attention. Improvement of law and regulations, increasing public awareness, and cooperation between institutions can help strengthen legal protection for property buyer.

Validity of Land Rights Transfer Based on Debt with Collateral of Land Certificate under Indonesian Law

Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.

ANALISIS PENERAPAN SHARIA COMPLIANCE DALAM PRODUK PEMBIAYAAN AKAD MURABAHAH

This study aims to describe the role of the Sharia Supervisory Board (DPS) towards sharia compliance and to analyze the application of sharia compliance in murabaha contract financing products. The research method used is normative legal research with a qualitative approach. In this study, researchers examined concrete legal regulations and substantial regulations accompanied by supporting literature in the form of literary sources that were relevant to the research object being discussed. The results of the study show that the existence of the Sharia Supervisory Board (DPS) is to guarantee and supervise Islamic banks so that they remain in the corridors of Islamic law. The role of the Sharia Supervisory Board (DPS) is very crucial in the implementation of sharia compliance in Islamic banks in Indonesia. The role of the Sharia Supervisory Board (DPS) at the technical level of banking operations is very important considering the duties, responsibilities and authorities they have. The Sharia Supervisory Board (DPS) in carrying out their duties can be active or responsive. The Sharia Supervisory Board (DPS) must actively supervise, collect data, analyze and correct various findings of sharia non-compliance in an Islamic bank. Financing with a murabaha contract that has been practiced by Islamic banking has deviated from several provisions in the DSN MUI Fatwa and there is a conflict with the legal terms of a sale and purchase agreement with a murabaha contract, namely the bank fully represents the customer to buy and receive goods from suppliers and gives the right to carry out deed of sale and purchase for and on behalf of the customer himself directly with the supplier. Islamic banks should first buy the object before the object is sold to the customer and also in this practice only one sale and purchase transaction, namely between the supplier and the customer. Based on DSN MUI Fatwa No. 04/DSN-MUI/IV/2000 concerning Murabahah, murabahah financing must occur in two sale and purchase agreements.

Legal Protection of the Parties in the Transfer of Rights in the PPAT Sale and Purchase Deed (AJB) Against the Cancellation of Land Ownership Certificates in the Medan High Court Decision Number 280/PDT/2020/PT MDN

The purposes of this research are: To find out the legal protection of the buyer of land ownership rights after the cancellation of the certificate by the Medan High Court and to find out the responsibility of the National Land Agency for issuing certificates on the basis of the PPAT sale and purchase deed after the Medan High Court Decision Number 280/Pdt/2020/PT MDN . The research method used is normative juridical research with a statutory approach, then a concept approach and a case approach. The results of this study note that the legal protection for the buyer of land ownership rights after the cancellation of the certificate by the Medan High Court, that the issuance of a certificate on the basis of a deed of sale and purchase by a PPAT who is not authorized and exceeds the term of office is taken through a judicial process, if the deliberation process for consensus is carried out in outside the court using BPN as a mediator did not find an answer. As a general official, the PPAT has a code of ethics and knowledge regarding the authority to make the deeds. 2. BPN's responsibility for the issuance of certificates on the basis of the PPAT sale and purchase deed after the Medan High Court Decision Number 280/Pdt/2020/PT MDN, the issuance of certificates with deed of transfer of rights by an unauthorized PPAT regarding PP No. 24 of 1997 concerning Land Registration in the form of cancellation of certificates which were later issued by BPN, and as a vertical institution BPN is responsible for issuing certificates because those assigned the task of carrying out land registration activities

Legal Review on the Transfer of Land Rights (Buying and Selling) to Minors

Abstract:This study aims to determinelegal review of the transfer of land rights (sale and purchase) to minors.The research method used by the author in this study is normative research. The research approach uses analytical descriptive and uses qualitative analysis techniques. The results of this study showThe process of transferring rights to the owner or seller of underage land must basically meet the conditions for buying and selling land, where the conditions are material and formal. The material requirement is that the land to be traded is the land owned by the seller and the land is not in dispute. While the formal requirements are related to the administration and the deed of sale and purchase of land. So, legally minors in terms of the process of buying and selling land are basically not and are not regulated in the laws in force in Indonesia, unless the minor has a companion or in this case is his guardian, so that the process of land transfer or the process of buying and selling land This can be done by a child who is still under age through his guardian according to a court order.

Analysis of Transfer of Rights to Land Without a Deed of Sale and Purchase as Stated in Government Regulation Number 24 of 1997

The registration of land rights is conducted in accordance with the provisions of Article 19 paragraph (1) of Law Number 5 of 1960 to ensure legal certainty by the Government. The registration process of the transfer of land rights through sale and purchase is regulated in Government Regulation Number 24 of 1997, stating that the sale and purchase of land must be proved by a deed issued by the authorized official which is the PPAT. However, the information and knowledge of laws related to the transfer of land rights through sale and purchase transactions in remote areas is limited so that a significant number of transactions are still often carried out in traditional manner. The focus of this research is to analyze the process of the transfer of land rights to without a deed of sale and purchase. The research method used is the normative legal research method focused on normative premises, providing normative explanations, research results, and legal experts' opinions on the discussed issues. As a result, the related parties could file a lawsuit to the court and the decree serves as the basis for the registration for the transfer of rights at the National Land Agency

Functions of the Deed of Sale and Purchase in the Issuance of a Certificate of Title to Land

Buying and selling land is one type of agreement that is often carried out by community members. The deed of land sale and purchase agreement, including the building / house located on it must be carried out by the parties in the presence of an authorized official, namely a Notary / Land Deed Making Officer. To ensure legal certainty of the transfer of property rights to land, it is stated in the form of an authentic deed, for the validity of ownership of the land, it is necessary to prove the existence of a title certificate. The validity of the land sale and purchase deed affects the issuance of a title certificate made by the National Land Agency. In practice, there are often cases related to land sale and purchase deeds as the basis for issuing a title certificate.

Legal Consequences For a PPAT Sale and Purchase Deed’s to Buyers Who Dont Own the Object of Sale and Purchase

Currently, the need for authentic certificates as evidence is increasing along with the increase in business relationships in various business fields, both on a local and international scale. Most people acquire land by buying and selling. In preventing land problems so that conflicts do not occur in the community, it is necessary to have regulation, control and use of land regulated in the BAL. This study uses a normative juridical law approach with sufficient literature so that secondary data is also needed. The theory of legal certainty is also discussed in this study, because it is fair and implemented normatively, not sociologically. The Civil Code, the sale and purchase of land is essentially a transfer of land rights to other parties/persons in the form of land sellers to land buyers. Buying and selling in customary law is a legal act of transferring land rights by paying the price at the same time in cash.

TINJAUAN HUKUM TERHADAP PRINSIP NASIONALITAS DALAM JUAL BELI HAK ATAS TANAH

The principle of nationality adopted in the constitution on agriculture is fully enshrined in the Property Rights Regulation. Indonesian citizens who can have land ownership rights, while foreign citizens only have land use rights, then articles 1 and 2 of the constitution are thus complied with. The aim of this research is to determine the application of the nationality principle in the purchase and sale of fundamental rights and the effect of the nationality principle on the legal force in the purchase and sale of fundamental rights.The type of research used in this research is normative-empirical law, this research deals with the implementation or implementation of positive legal provisions and factual written documents about certain legal events occurring in society. The purpose of the assessment is to verify whether the results of the application of the law on legal facts are in concreto in accordance with the provisions of the legislation. Or in other words, whether the provisions of the legislation have been properly implemented so that the stakeholders achieve their goals or not. The results of the study indicate that the application of the nationality principle. The application of the nationality principle is an effort where the Indonesian people have full land rights in the Republic of Indonesia in accordance with the provisions of the law, while foreign citizens are not granted land rights in the form of property rights. Foreigners only have the right to cultivate, the right to build and the right of use. The legal force of the sale and purchase itself is in the deed of sale and purchase (AJB) where the deed of sale and purchase is proof that the fundamental rights have been transferred to the buyer who has bought the fundamental rights (property rights). The factor that then influences the legal force of buying and selling fundamental rights based on the nationality principle itself is whether the second party in this case the buyer is still a foreigner (WNA) which is an administrative defect and cannot be registered with the National Land Agency.

DUE TO LEGAL CANCELLATION OF LAND PURCHASE DEED

Deed of sale and purchase of land as evidence of the transfer of ownership rights to land, including the buildings/houses on it. The transfer of ownership rights to land can be done through a sale and purchase agreement. The land sale and purchase agreement, including the building/house on it, must be carried out by the parties before an authorized official, namely a Notary/Land Deed Making Officer. To ensure legal certainty of the transfer of ownership rights to land, it is stated in the form of an authentic deed. The validity of the land sale and purchase deed is determined by the legal terms of the agreement which must be fulfilled by the seller and the buyer. The deed of sale and purchase of land can be canceled by a judge, which in practice, cases often occur which give rise to legal consequences for the cancellation of the deed of sale and purchase of land.

Legal Due To Cancellation Of Deed Bonding The Land Buying

The importance of land for human life, because human life can not be separated from the ground. Land issues can lead to disputes, among others, stemming from the binding sale and purchase of land. The binding agreement for the sale and purchase of land, in everyday practice, is carried out by the community at the notary's office. This agreement is an agreement that precedes the sale and purchase agreement of the land, which must be made before the Land Deed Maker Official. The problem; 1. How is the implementation of the binding sale and purchase of land according to Law Number 5 of 1960 concerning the Basic Agrarian Law? 2. What are the legal consequences of the cancellation of the binding deed of sale and purchase of land. The discussion is carried out through a normative research study.The binding is intended as a preliminary agreement from the main intention of the parties to transfer land rights. This sale and purchase agreement contains promises to buy and sell land if the requirements needed for it have been met, and is a form of agreement that arises from legal needs that develop in society. The binding sale and purchase of land is an anonymous agreement, because it is not found in the forms of agreements regulated in the Civil Code. The binding agreement for the sale and purchase of land is an implementation of the principle of freedom of contract, where the parties can freely determine their will. The binding sale and purchase is a form of agreement that arises from the legal needs that develop in society. An agreement can not always run according to the agreement desired by the parties, including the binding agreement for the sale and purchase of land which can be canceled by the parties or even by one of the parties, or also canceled by the court. For these legal actions, there will be legal consequences that must be obeyed by the parties.

Problematics of the Transfer of Land Ownership Based on Presidential Instruction Number 1 of 2022

The transfer of land rights through buying and selling is an event or legal action that results in the transfer of rights from one legal subject to another from the seller to the buyer. In order for the buyer to get legal certainty, the deed of sale and purchase made by PPAT needs to be registered with the National Land Agency so that a land certificate is issued as the strongest evidence. Since the issuance of Presidential Instruction Number 1 of 2022, the government has added a requirement in the registration of buying and selling, namely requiring the public to become active participants of BPJS Health which actually burdens the community itself. This type of research uses normative legal research. Using statutory and normative approaches and using secondary and primary legal materials. The results of the study indicate that the Presidential Instruction Number 1 of 2022 has violated Article 28 H of the 1945 Constitution of the Republic of Indonesia.

The legal consequences of the criminal acts signature in the deed of land purchase in front of the land deed official

Everyone needs evidence regarding a right and an event that occurred. In practice, the Official for Making Land Deeds is an official who is given the authority by government regulations to make authentic deeds. An authentic deed is a proof that is perfect, complete and binding, so that the truth of the things written in the deed must be acknowledged for its truth. An authentic deed contains statements from the parties which are used as the basis for making an authentic deed. Problems arise when the contents of the deed are not in accordance with reality, because there are parties who falsify the signatures in the Sale and Purchase Deed made by the PPAT. The research in this article is normative by using literature studies, documents studies, studies and existing decision studies. With this research, it is hoped that we can find out the legal consequences of forging signatures in the land sale and purchase deed and find out the legal remedies that can be taken when carrying out fake signatures in the land sale and purchase deed.

Framing the “Human Commodity”: Descriptions of Enslaved Bodies in Purchase Deeds from the 3rd/9th to the Early 10th/Late 15th Century

Abstract This article looks at the way the bodies of slaves are described in 27 purchase deeds dating back to the time between the 3rd/9th and the early 10th/late 15th century and originating mostly from Egypt and Jerusalem. Examining this kind of documentary evidence not only allows a glimpse in the physical appearance of people otherwise mostly marginalised in the sources; furthermore, it enriches our understanding of how the bodies of enslaved persons were legally framed in order to define them as a “human commodity” in valid sales. Since Muslim jurists categorised slaves as regularly tradable, this article presents in a first step the main features of Islamic sales law regarding the stipulations concerning the definition of a commodity. In this first part, I focus on the opinions of the Ḥanafī and Šāfiʿī schools of law that are considered majoritarian because of their prevalence in the regions the evidence originates from. Secondly, I investigate how these regulations were incorporated into the purchase deeds of slave sales. In other words, how and in which categories were the bodies of slaves described? What kind of bodily features were considered as flaws noteworthy of being recorded by the scribes in purchase deeds either as being existent or in the form of a seller’s warranty against them? In short, what kind of description was applied to frame a human body as merchandise? And finally, did these descriptions evolve and change over time and if yes, how?

Implementation of Halal Causation Against the Sale and Purchase of Collateral Objects without the Approval of Creditors

The sale and purchase is known as novation as long as the sale and purchase is carried out by the debtor with written approval from the bank as the creditor, but in practice the sale and purchase of collateral objects by the debtor to a third party without the approval of the bank as the creditor sometimes also occurs and causes problems in the future. This study aims to provide a prescription regarding the implementation of a lawful cause for the legality of the deed of sale and purchase of land by the debtor without the approval of the creditor. This research method is a normative legal research, using a statutory approach, a conceptual approach, and a case comparison approach, the case used in this research is the District Court Decision Number 7/Pdt.G/2019/PN.Rhl which is confirmed by the Court's Decision Pekanbaru High Court with Case Number 85/PDT/2020/PT PBR was further reaffirmed by the Supreme Court of the Republic of Indonesia with Decision Number: 1600 K/Pdt/2021 so that it has permanent legal force or inkracht."The results of the study can be concluded that the deed of sale and purchase agreement on the land negates the point of lawful cause as one of the fundamental requirements in contract law, b. the deed of sale and purchase of land is contrary to the Mortgage Law, c. the decision was in accordance with the principles of formal justice.