Transfer Of Property Rights Research Articles

Implementation Of Motorcycle Rental Agreement

The lease purchase agreement is a new type of agreement that arises in the community. As with the new type of agreement, leasing in Indonesia has not been regulated in the several definitions put forward by the legal experts above and also in the decree of the Minister of Trade and Cooperatives, there is no uniformity. However, if you pay attention, it can be concluded that the lease-purchase agreement is more likely to lead or lead to the form of a sale-purchase agreement, rather than a lease. Because in the lease purchase agreement, the transfer of property rights is the main point. So the purpose of leasing is to sell goods, not to rent or become tenants of goods. In the event that the tenant defaults in the lease purchase agreement, the tenant is fully responsible for the risk. This is in accordance with the contents of the lease-purchase agreement that has been agreed between the two parties. For the problem of resolving disputes in the motor vehicle rental agreement in practice, it can be reached in two ways, namely through deliberation and consensus and through a lawsuit in court. Court is the last resort taken by the dealer, if the tenant really does not want to be responsible for all his mistakes, namely with the intention of transferring the motor vehicle which is the object of the lease purchase agreement.

Обеспечительная передача долей в уставном капитале обществ с ограниченной ответственностью и акций в практике арбитражных судов Российской Федерации

Title security for the fulfillment of obligations is one of the most controversial issues in Russian law. In the doctrine, there are different views on the security transfer of property rights. Judicial practice on issues related to the security transfer of property is also extremely controversial. The main positions on this issue were formed by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, these positions were the subject of the most active discussion in the legal literature. At the same time, the judicial practice of arbitration courts on this issue is not being studied so actively. The author examines the practice of arbitration courts of the Russian Federation in disputes related to the security transfer of shares and stakes in the authorized capital of limited liability companies. Based on the results of the study, the author concludes that the practice of arbitration courts in disputes related to security property is also not uniform, however, the presence of such disputes indicates the demand for this method of securing the fulfillment of obligations.

Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law

In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a secondary approach that is normative law or literature writing with a statutory approach. Indonesia adheres to a plural legal system, which means that Indonesia adheres to more than one legal system. This also makes inheritance law divided into three legal systems, namely Western Law, Islamic Law, and Customary Law. In general, the notion of inheritance law is a legal rule that regulates the transfer of property rights, which is the overall rights and obligations of the person who inherits to his heirs and determines who is entitled to receive it. Indonesia adheres to several systems of inheritance law including the civil law system, Islamic law and customary law. In civil law, adopted children still get inheritance rights from their adoptive parents. Then in customary law, the inheritance system used is dependent on the custom where the adopted child lives.

Problems of legal regulation of copyright to official works in the IT sphere under the legislation of Ukraine

The article examines the problems of legal regulation of copyright in official works in the IT field. According to the results of the study, it is established that in the legislation of Ukraine, computer program — a set of instructions in the form of words, numbers, codes, diagrams, symbols or in any other form, expressed in a form readable by a computer, which actuate it to achieve a certain goal or result (this the concept covers both the operating system and the application program, expressed in source or object code). In this case, it is proposed to supplement the legislative definition with an indication that a computer program is an algorithm. It has been found that modern software, which often makes extensive use of graphic images, is more like a work of art than a literary one. Unlike literary works, the text of a computer program (source or object code) have no independent value without the possibility of their application in a computer. It has been established that the conflict of legal norms regarding copyrights to official works, including computer programs, also remains unresolved. It is illustrated that despite the existing presumption of authorship in the legislation, courts take into account only documentary evidence of such authorship. It is established that improper registration of relations between the employee and the employer, as well as the distribution of property rights to the object of copyright created by the employee is one of the most important mistakes in this area. It is proposed to legislate the content of the agreement on the creation of a computer program as an official work. In particular, the content of this type of contract is proposed to include conditions for the transfer of property rights, all methods and limits of use computer program as a service work, an indication of that from which moment the property rights are transferred to the employer. It is emphasized that the fact of transfer of property rights to a computer program as an official work should be confirmed by a separate act. Key words: legal regulation, copyright, official work, IT sphere, computer program.

Implementation of Sharia Financing Agreements with Fiduciary Submission of Property Rights to KSPPS BMT Al Hikmah Semesta

The research objective is to determine the role of the implementation of the Islamic financing agreement with the transfer of property rights in a fiduciary manner and how to solve the problem if there is default by the debtor, as well as the constraints and solutions in implementing the sharia financing agreement by means of musyarokah. The approach method uses empirical juridical. The data collection technique uses library research and field research. Data were analyzed descriptively qualitatively. The results of the study stated that the implementation of the sharia financing agreement with the transfer of property rights in fiduciary manner to the KSPPS BMT AL HIKMAH SEMESTA Jepara Regency consists of several stages, namely the application stage, checking and field inspection, making customer profiles, committee meetings, committee meeting decisions, binding, ordering goods consumers, payments to suppliers, collection of payments, and taking guarantee letters. The resolution of the problem if there is default by the debtor, namely given 3 warning letters if during 12 months of non-payment, and finally the guarantee will be auctioned if it is not immediately paid. Constraints and solutions in implementing the sharia financing agreement through musyarokah are document falsification by the customer, fictitious business, misuse of financing, the customer does not make payments or defaults on his obligations to the BMT according to the agreed time, BMT if there is default, namely stages that takes too long from reporting to the police to the District Court.

The Status of Agricultural Land as a Natural Resource and the Process of Serbia’s Accession to the EU

This article discusses one specific aspect of the process of Serbia’s EU Accession which refers to liberalisation of the transfer of economic property rights over natural resources, particularly agricultural land. The underlying principles of the free market economy assume free movement of goods, capital and labour. However, there are two existing approaches when analysing transfer of property rights over agricultural land as a natural resource. The first one insists on full liberalisation of the transfer of ownership rights in this area, while the second approach assumes limiting or imposing certain restrictions through national legislation on the free transfer of property rights over agricultural land as a limited national resource and national wealth. Experiences of applying these two approaches within EU member states differ from full liberalisation to significant restrictions on the freedom of agricultural land ownership transfer. In the process of accession negotiations with the EU and in line with a proclaimed interest to join the World Trade Organisation, Serbia has to deal with the issues of liberalisation of trade of agricultural products as well as other national resources including agricultural land. Since the EU regulations do not have any specific requirement in terms of the adoption of a completely liberal approach, it is up to Serbia to decide which model is the most appropriate, considering its own interests. The article defines and discusses arguments which strongly speak in favour of imposing limitations to the full liberalisation of the transfer of property rights over agricultural land as a natural resource in Serbia.

Perlindungan Hukum Bagi Pihak Pembeli Atas Batalnya Akta Jual Beli Yang Dibuat Oleh Notaris

The benefits of land in human life today are very important, because land can be used as a place to live, for gardening, and can be used for investment, for example leasing or transferring property rights to meet their daily needs. The transfer of property rights is carried out by means of a sale and purchase system, the legal basis is Article 26 of the Basic Agrarian Law, although it does not specifically determine the sale and purchase but describes the transfer or transfer which can be interpreted as a legal event that was deliberately agreed to with the intention of transferring land rights to a debtor who can be said to be a buyer by way of exchange, or by means of a will. The agreement for the transfer of title to land should be put in a written form and must be in accordance with the provisions in which the deed of sale and purchase of land rights must be worked out and legalized by the authorized official, namely PPAT. The certificate made or issued by the PPAT becomes strong evidence in court, because the agreement was made in advance of the PPAT and witnessed by 2 people. The research objective of this journal is to find out how the buyer protects the cancellation of the land sale and purchase deed that was sued by the defendant's stepmother as contained in the Supreme Court Judgment on Reconsideration No. 337 PK / Pdt / 2015. The research in this journal uses empirical research where it starts from a gap between the prevailing norms and the reality of its implementation in society. Then the conclusion of this study which is based on the Supreme Court Reconsideration Decision No. 337 PK / Pdt / 2015, which states that the seller must return the money and interest, to be used by the buyer to buy the land, and vice versa, the buyer must return the land it has bought from the seller. Before selling the land, the seller should have previously negotiated with all members of his family, so that neither party would suffer losses and sue for legal action, because the buyer is in a disadvantaged position

Makna Pengalihan Hak Kepemilikan Benda Objek Jaminan Fidusia Atas Dasar Kepercayaan

The concept of fiduciary in legislation is “the transfer of ownership rights to an object on the basis of belief”, while jurisprudence defines it as “the transfer of property rights based on trust”. However, the object whose ownership rights have been transferred remains in the hands of the fiduciary. This fiduciary concept contains ambiguity, because in its imposition it is not clear how the transfer of property rights to the object of the fiduciary guarantee. The juridical and actual submission of movable objects generally occurs at the same time. The meaning of the transfer of ownership rights to objects of fiduciary security on the basis of this belief needs to be examined. This is a normative legal research using a statutory and historical approach. The results of the study conclude that the real and juridical submission of fiduciary security does not occur at the same time. The transfer of ownership rights to the object of fiduciary security is carried out as collateral for debt repayment, meaning false delivery, not really in the sense of the transfer of real ownership rights. The real delivery only occurs when the fiduciary is deemed in default, on the other hand the object of the fiduciary guarantee will be returned if the fiduciary is not in default. This transfer of ownership rights to the object of fiduciary security is intended to give the fiduciary the authority to act to sell the object of fiduciary security as well as to give preference to other creditors.

Using Distributed Ledger Technologies to Improve and Maximise the Collection of Property Taxes

This paper focuses on the digitization of property taxes in developing countries on the African continent using distributed ledger technologies, such as blockchain. Property tax is reviewed as a ‘good’ tax that is efficient, equitable, and generates revenue for local government. Drawing on best practices from around the world, we explore the different options for implementing DLTs in African countries to manage deeds registries, which have some benefits of increasing transparency, addressing poverty and curbing money laundering. However, this represents a basic implementation of DLTs. Zambia, is the ideal standard with a full end-to-end DLT property management and real estate solution that facilitates the recording of deeds information, the transfer of property rights, tokenisation to pay for the property, levy taxes and pay utilities. The paper provides policy recommendation on the progressive migration from a DLT deeds registry to a full suite solution that maximises property tax collections.

Legal nature of state registration as a legal fact in the mechanism of dynamics of property rights

This scientific publication attempts to clarify the legal nature of state registration as a legal fact in the mechanism of the dynamics of property rights. There has been made a critical analysis of the viewpoint of supporters of the recognition of the right-establishing character of the state registration and the viewpoint of scholars who consider that the state registration has the function of confirmation, legalization of already established rights. The legislative approach to the relevant issues, which reveals the inconsistency of regulations on the place and importance of state registration in the mechanism of the dynamics of property rights is analyzed. The root of all disagreements and inconsistencies is seen in the desire to take a clear position that the state registration performs only one function: either statutory or confirmatory, while the possibility of simultaneous performance of these two functions was not practically considered.It is substantiated that the legal nature of state registration is quite heterogeneous. If we talk about the property and legal significance of the act of state registration, then for the parties to the contract or other direct participants in the relative legal relationship aimed at the transfer of property rights to real estate, it will have a confirmatory value, and for third parties in absolute legal relations it will be of legal significance, providing a proof of this fact known. If we consider the state registration from the point of view of the dynamics of the process of transfer of property rights, to determine its role in this mechanism, it is the final legal fact in the legal structure, which entails the emergence of a new right holder. The publication emphasizes that giving state registration the importance of the final legal fact in the legal structure that causes the transition of property right we should not, however, shift the emphasis and consider it a priority legal fact in comparison with others. Although the registration of property rights is mandatory, it is secondary to the mechanism of transfer of ownership and other property rights to real estate, because it loses any sense and is absolutely impossible without the occurrence of other legal facts, including – the conclusion of a contract (real or consensual).

Juridical Analysis of Lawsuits Case for Unlawful Acts of the Invalidity of Transfer of Property Rights to Movable Properties

This study aims to determine the validity of the transfer of property rights to movable property in the context of assets in marriage and the suitability of the judge's decision in his consideration, which states that the Defendant committed an illegal act in the Supreme Court Decision Number 1081K / PDT / 2018. The research method used is a literature study with a normative juridical approach using secondary data in the form of expert opinion and existing theories. This study's findings indicated that the legal basis regarding the transfer of property rights to movable objects in a sale and purchase agreement is regulated explicitly in Article 1457 of the Civil Code. Besides, it is also necessary to pay attention to Article 1320 of the Civil Code regarding the terms of the validity of the agreement and Article 36 of the Marriage Law No. 1 of 1974 concerning the property in marriage. The application of these rules ensures the transfer of property rights to goods being traded, especially the sale and purchase agreement of joint property common in Indonesia. The regulations stipulated in the Civil Code in book 3 concerning engagement, especially regarding sale and purchase agreements, are useful as a guide for the community in taking legal actions in terms of their assets so that they are not mistaken in applying the law. Unlike previous studies, this study focuses more on buying and selling regulations where the sale and purchase object is the property in marriage. Keywords : Sale and Purchase, Actions against the Law, Agreement, Marriage

Implementasi Akad Ijarah Muntahiya Bi Al-Tamlik (IMBT) Perspektif Fatwa DSN-MUI Nomor 27 Tahun 2002 & Hukum Islam

The Ijarah Muntahiya bi al-Tamlik (IMBT) contract is a lease agreement that ends with the transfer of property rights by means of sale and purchase (grant) at the end of the lease period. In the perspective of Islamic law, the IMBT contract is in accordance with the principles, pillars, and some terms of the contract. Unfulfilled contract conditions, namely the requirement for legal certainty. Meanwhile, in the perspective of the DSN-MUI Fatwa Number 27/2002 and Islamic Law, the IMBT agreement is an anonymous agreement that arises from the existence of the principle of freedom of contract. The IMBT contract is in accordance with the terms and elements of the agreement. IMBT legal consequences are rights and obligations. This scientific paper will examine the normative and applicable aspects of law. Legal norms that are included in the realm of unwritten law in the context of laws and regulations in Indonesia concerning Sharia Economics are DSN-MUI fatwas, especially regarding IMBT which has been perceived as a national law, (Law Number 21 of 2008, concerning Islamic Banking), Bank Regulations Indonesia (BI), the Financial Services Authority (OJK) and Sharia Financial Institutions (KLS) as an effort to apply the law in an applicative manner.

Status Hukum Tanah Hak Milik bagi Ahli Waris yang Pindah Kewarganegaraan Menjadi Warga Negara Asing

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

Registration of Transfer of Property Rights to Land by Buying and Selling and the Problems

This study aims to determine the practice of registering the transfer of title to land in the Tegal Regency Land Office and the efforts made if the registration of the transfer of land rights is late and the efforts made by land buyers to register the transfer of rights if the sale is carried out under the hands and how the legal protection is carried out. if not registered at the Land Office.The approach method used in this research is sociological juridical with analytical descriptive research specifications, as for complementing the data, non-random sampling is carried out by taking samples and conducting direct interviews (interviews) that are free of charge to parties related to land registration.The results of the study of the problem in this thesis are that there are still delays in registering the transfer of land ownership by way of selling and buying under hand. Delays in registering the transfer of rights at the Tegal Regency Land Office are still often carried out by the Camat as PPAT officials due to his busyness in the Government, for this it is the obligation of land buyers to complete their deeds by making a statement of delay, a statement of physical ownership and a statement of not being in dispute. As for land buyers are often disadvantaged by carrying out the sale and purchase under hand, because when the deed is to be made, the seller has passed away or where his residence is not known, the solution in order to register the transfer of his rights is to use a court decision which has permanent legal force.Keywords: Transfer of Rights Registration; Right of ownership; Sale and Purchase of Land;

Some aspects of the implementation of economic and legal competence of local self-government bodies to implement innovations

Problem setting. Since 2002, after the entry into force of such a legal act as the Law of Ukraine “On Innovation”, within the national legislation of Ukraine was regulated for the first time the legal status of such an object of economic and civil turnover as innovation. The provisions of this normative document were quite revolutionary in terms of the powers of local self-government bodies, which were defined as full-fledged subjects of innovation relations. Despite the fact that the legal regulation of innovation implementation processes exists and improves in our country over the past 18 years, there are still a large number of gaps in regulatory impact, which negatively affect the practical implementation of local (regional) innovation projects. Analysis of recent researches and publications in the work were investigated the works of scientists such as Bielinska, Y. V.; Nezhyborets, V. І.; Orliuk О. P., Butnik-Siverskyi О. B., Myronenko N. М., Petryshyna О. М., etc. Article’s main body. in accordance with the provisions of Part 3 of Article 7 of the Law of Ukraine “On Innovation”, representative bodies of local self-government – village, settlement, city councils in accordance with their competence eliminate only 6 forms of participation in innovation relations. However, as the 18-year experience of legal regulation of the process of application of this norm shows, only a few territorial communities are able to organize the full implementation of a comprehensive program of innovative development of their region. At the same time, the main vector of further expansion of the rights of local governments in the field of innovation has already been determined by the provisions of current legislation of Ukraine. Thus, ratifying the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, the State of Ukraine by Law of № 1678-VII of 16.09.2014, recognized the right to innovation and regional development on their basis is an inalienable right of the territorial community and recognized that such development should take place according to the rules established by the EU Framework Program for Research and Innovation “Horizon 2020”. In our opinion, the forms of participation in innovation activities for local governments provided by EU legislation will allow them to significantly increase the level of socio-economic development of the region and therefore should be reflected in current legislation of Ukraine through the implementation of foreign experience in legal regulation. Conclusions and prospects for development. The current legislation of Ukraine for local governments provides only an exclusive list of forms of participation of such bodies in the innovation process. The analysis of EU legislation allows to determine the role of local governments in innovation processes, as an institution that should provide infrastructure / assistance to other participants through a system of established institutions in which all necessary prerequisites for production and technical support of innovation and close interaction (contact) with the participants of these relations. It is considered expedient to amend Article 7 of the Law of Ukraine “On Innovation Activity” by expanding the list of powers of local self-government bodies in innovation processes. The main directions of expansion of such innovations should be: (a) introduction of new forms of participation of local governments in innovation activities which will be characterized by a higher degree of individuality and selectivity to stimulate the development of those types of innovation activities that meet the needs of a particular region. (b) Granting local governments the right to act as an investor / customer of innovations by concluding agreements with specific economic entities engaged in scientific, research or innovation activities. (c) Imposing an obligation on local governments to control the use of property or resources transferred under the terms of the concluded agreements. (d) Establishing the possibility of financing the developers of innovations only in the case of transfer of property rights (part of property rights) to the objects of intellectual property rights that will be created (may be created) as a result of such financing or security. (e) Obligation of local governments to implement the received innovations through the existing system of utilities, institutions, institutions in the life support system of the region

A novel human-based nature-conservation paradigm in Guatemala paves the way for overcoming the metabolic rift

Nature-conservation practices in the Global South are fraught with uncertainty due to fragile environmental governance and conflict stemming from their subaltern position in global capitalism, given the tension between human needs and habitat integrity. This article hinges on a recent effort spear-headed by the Centre of Conservation Studies at University of San Carlos in Guatemala, to discuss how a counterhegemonic narrative offers fertile grounds for a decolonized reading of the metabolic rift. I use my notes from eight workshops held in 2018 as the empirical body for a discourse analysis where the emerging categories have been singled out and problematized in the light of ethnoecological theory and David Harvey’s moments for the transition towards a post-Capitalist society vis-à-vis a prevailing environmental regime characterized by its verticality, lack of scientific substantiation, and proclivity to privilege exchange value at the expense of widening the metabolic rift. This regime arguably spawns several ecological rifts, namely the following: (1) between conventional scientific parlance and traditional ecological knowledge; (2) between utility-inspired natural resource management and local land husbandry practices; and (3) between nature as a reservoir of resources and nature as the sustenance for life. In addition, I present a case study where local advocacy in a peripheral community managed to bring about a relevant shift in the correlation of political powers by seizing the national legislation to achieve a transfer of property rights that enabled the inception of a brand-new nature reserve. The new conservation paradigm in question, this case seems to suggest, dovetails adequately with civil society’s efforts to foster nature-conservation practices, in line with human well-being and sound environmental governance. The latter provides some evidence for a principle of hope – à la Ernst Bloch – whereby, dissident groups are paving the way for a grassroots-oriented conservation science that eventually could bridge the metabolic rift.

Legal structure “law of trusts” in the civil legislation of Ukraine

The article gives the legal characteristics of the newly introduced structure "law of trusts" in the civil legislation of Ukraine. The current status and possible prospects for the development of this legal institution in our state are clarified. In particular, the two-fold character of the legal nature and the ambiguity of the assessment of “law of trusts” were noted. Firstly, as a type (Article 546 of the Civil Code of Ukraine) and a method (Article 597 of the Civil Code of Ukraine) of guaranteeing the fulfillment of an obligation. Secondly, as a special type of property right (Article 316 of the Civil Code of Ukraine). Moreover, in all senses, the "law of trusts" causes numerous comments by specialists, which causes controversy and the necessity for further changes. The right of trust should be considered in a broad understanding of the significance of this legal phenomenon. It may include the transfer of property rights for the purpose of managing it in the interests of a fiduciary (fiducia cum amico), and the transfer of property rights in order to ensure the fulfillment of a loan obligation (fiducia cum creditore). Therefore, the idea of limiting at the legislative level of this phenomenon of an exclusively interim function is doubtful and may have long-term consequences with a further understanding of this legal phenomenon and the implementation of foreign practices. The introduction at the legislative level of the institution of trusts as a type and method of ensuring the fulfillment of an obligation with an attempt to provide him with dual content of a legal nature is nothing more than an attempt to replace the content with a form. The legal construction of law of trusts introduced by the legislator is, by its legal nature, a surrogate for mortgages in its “super form”. In it, the lender is “facilitated” by the mechanism of foreclosure on property, through ownership of the title. Trust property as a type and method of ensuring fulfillment of an obligation cannot be considered as a special type of property right without a doctrinal and legislative review of the content of the owner’s eligibility. At the legislative level, it would be more successful to implement the evolutionary form of trust - title support as a way to ensure fulfillment of an obligation without “obscuring” in its nature the attributes of this type of right to things as property right, albeit with the provision of a special type of property. Trust property as a way to ensure the fulfillment of an obligation (title security) should be consid-ered as a type of right to things to another's property, and not as a special type of property right with a defect in the content of eligibility.

A gift programme for sustainable forest management? A Swiss perspective on public policies and property rights

Abstract. For multifunctional forests that seek to fulfil societal, environmental and economic demands, active forest management is key. However, like in many other western European countries, Switzerland's small-scale private forest owners increasingly do not manage their forests. By applying and adapting the Institutional Resource Regime (IRR), a framework for environmental policy analysis that considers use rights both from public policies and property rights, we analyse the situation in Switzerland. Subsequently, we propose a Swiss forest gift programme – based on the Canadian Ecological Gifts Program (EGP) – consisting of different policy instruments that would ultimately lead to a transfer of property rights from the current to new owners. In sum, we argue that our proposal would lead to more “coherence”, with regard to the IRR's sustainability dimension, and consequently to clearer responsibilities for the sustainable management of forests in Switzerland.

Review Of Juridical Registration Implementation And Transfer Of Land Or Building With Deed Land Sale In The Office Of The Samarinda City

The purpose of this study was to: 1) analyze the implementation of transitional registration of rights to land and or building with the Sale and Purchase Agreements in the Land Office Samarinda. 2) Analyze the obstacles in the implementation of transitional registration of rights to land and or building with the Sale and Purchase Agreements in the Land Office Samarinda. 3) Know and analyze the solutions to overcome obstacles in the implementation of transitional registration of rights to land and or building with the Sale and Purchase Agreements in the Land Office SamarindaThis research is normative juridical approach, with specification of descriptive analysis. The collection of primary and secondary data obtained by interview and literature.The research results are: 1) Each transition of ownership of the land by way of sale and purchase, subsequent to the transfer of rights by PPAT local as evidenced by the deed of sale, then PPAT concerned within 7 business days from the signing of the deed shall register the transfer of property rights on the ground at the local land Office Samarinda especially by bringing in heaps of applicants required. 2) Barriers that occurs in the transition process of land rights through sale and purchase of the Land Office of Samarinda is because people are reluctant to take care of their land rights switchover due to their cost, according them high enough and only seize their working time. The Land Office step in overcoming these obstacles,Keywords: Sale and Purchase Agreements; Registration of Land; Certificate.

Judicial Analysis on Ownership Evidence for Shareholders in a Scripless Share Trading System in Stock Exchange

Transfer of property rights on share in scripless trading system in stock exchange related to ownership evidence for scripless shareholdres is not regulated yet in the procedure law. In fact, it becomes important for the sake of legal certainty. The electronic document is equal to the document made on paper. Therefore, the implementation of Law of the Republic of Indonesia Number 11 of 2008 regarding Electronic Transaction and Information is the answer of the technological development and advancement, especially information technology field, so that it can be used to anticipate the harmful possibilities that may happen. Based on formal-judicial aspect, Civil Procedure Law and Criminal Procedure Law do not accommodate electronic documents yet as the evidence. The regulation on electronic evidence in formal law is extremely needed in order to achieve legal certainty. Ownership evidence for shareholders in scripless share trading system is in form of beneficial ownership on securities, provided by the Custodian to securities account holders in form of written confirmation, regarding the sales or the purchase of securities, providing receipts of securities deposit into securities account, confirming on securities receipts or deliveries, providing monthly securities account reports on debits and credits in the securities account, and providing other documents issued by the Custodian regarding debits and credits in the securities account, including electronic confirmation. The written confirmation for the Custodian to the securities account holders is actually the ownership evidence on share in form of electronic data. Keywords: Ownership Evidence, Scripless Share Trading DOI : 10.7176/JLPG/91-06 Publication date: November 30 th 2019