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ANALISIS PUTUSAN TERHADAP GUGATAN PEMBATALAN AKTA HIBAH (STUDI KASUS PUTUSAN PENGADILAN AGAMA Vincensia Vincensia; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12024

Abstract

A grant is a gift from someone to another party that does not have a counter-performance element, the giver gives the right to part or all of his assets to another party without any compensation from the recipient.In legal provisions, a grant that has been given cannot be reclaimed, but there are various exceptions so that the grant can withdrawn or canceled. This research will examine the lawsuit for cancellation of grants made between parents to their children and the legal consequences that arise. The research method in this research is Normative. The approach used is a conceptual approach. Based on the results of the research, it can be concluded that grants must use an authentic deed made by a Notary or PPAT, and in granting grants must pay attention to the provisions of the grant provisions, one of which is the minimum age limit for the grantee. If these conditions are not met, then the legal consequence is that the grant does not have definite legal force.
ANALISIS PUTUSAN PENGADILAN NEGERI REMBANG NOMOR 6/PDT.G/2018/PN.RBG MENGENAI PENGUASAAN TANAH TANPA HAK Christhalia Noveldy Tanjaya; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 1 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i1.12029

Abstract

Land acquisition is a relationship between individual or a  public group or a legal entity which related with domination or usage of the land. Meanwhile, land without rights is the domination exercised by a person or legal entity to enjoy land that is not his own by occupying the land or constructing a building on the land without the knowledge and permission of the legal owner of the land. This research aims to determine land acquisition according to the UUPA and to analyze land acquisition without rights performed by Muin and Tasi in the Rembang District Court Decision Number 6 / Pdt.G / 2018 / PN.Rbg. The type of research in this  papers is normative legal research. The approach of this research is using statutory research. The nature of this research uses descriptive analytics. The types of data used are divided into primary and secondary data which are further divided into primary, secondary, and tertiary legal entities.. The data collection technique uses literature study. Qualitative data analysis techniques. The conclusion of this study is that the author agrees with the judge's decision which states that Muin and Tasi's actions are against the law and states that Suparmanto is the rightful owner of the land and building, but the author does not agree with the judge's decision which rejects the claim of damages applied by the Plaintiff.
KEKUATAN KLAUSULA BAKU TERHADAP PENJUALAN SMARTPHONE REKONDISI DITINJAU DARI UNDANG - UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Aisyah Nikita; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17940

Abstract

In Indonesia, consumers are protected by Law Number 8 of 1999 on Consumer Protection in order to strengthen the fairness of balance, security and consumer safety. Consumers, as weak parties, will experience losses if business actors include a default clause in buying and selling transactions. But there are still many consumers who accept the agreement by containing the default clause because of the need for these goods and / or services. Business actors in offering goods and / or services are expected to be wiser in including the default clause in a buying and selling transaction in accordance with what has been regulated in article 18 of UUPK. The consumer must also understand the rights that have been regulated in consumer protection laws so that he understands what actions can be taken by consumers if they experience losses incurred by business actors. Business actors can be held administratively liable with fines and criminally with prison sentences as well as additional fines and criminals in the form of confiscation of certain goods, announcement of judge's decision, payment of compensation, certain stop orders that harm consumers, obligations to withdraw products from circulation and revocation of business licenses. In this case, the business actor has no good faith and no responsibility for compensation for consumer losses due to the default clause in the transaction of buying and selling reconditioned smartphones The problem here is, how the strength of the default clause in the sale of reconditioned smartphones is reviewed from UUPK.
PENAFSIRAN HAKIM TERHADAP ALASAN SALAH SANGKA SEBAGAI PENYEBAB .PEMBATALAN SUATU PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG.PERKAWINAN (STUDI KASUS PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 981/Pdt.G/2020/PA.BTL) Marcelino Valentin; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17976

Abstract

Marriage cancellation can be done if a marriage does not meet the marriage requirement. Article 27 paragraph (2) of Marriage Law states that the reason for the cancellation of marriage is the existence of misunderstanding regarding the husband or wife. In this writing this law analyzes using legal construction or analogy. In analogy, different but similar, similar, or similar events arranged in law are treated equally. In this writing the result is that homosexual can be the reason for the cancellation of marriage because of a mistaken opinion about the husband. This is done using the method of legal discovery with legal construction argumentum per analogiam on the judge’s decision that grants the cancellation of marriage because the spouse is a bisexual. The legal consequences of the cancellation of marriage result in a relationship between husband and wife, the position of the child, and shared assets. Regarding the relationship between husband and wife, after the existence of a court decision with permanent legal force, marriage is deemed to have never existed, then the child remains a legitimate child and remains the responsibility of both parents. Regarding the joint assets, the agreement between the two parties, the sharing of shared assets must not harm the well-intentioned parties, however, those with good intentions must benefit, even those with bad intentions must bear all losses.
PERLINDUNGAN HUKUM BAGI KREDITUR PEMEGANG HAK TANGGUNGAN TERHADAP SENGKETA AGUNAN YANG MENGAKIBATKAN BATALNYA PERJANJIAN KREDIT Fransisca Kusuma Aryani; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2135

Abstract

The process of granting credit with the guarantee of Mortgage Rights experienced many obstacles, one of which is the cancellation of credit agreement due to a lawsuit from a third party. Examples of problems that will researchers take is a case between PT PNM as creditor and Erlinawati as a debtor. Erlinawati applied for credit to PT PNM and pledged SHM No. 1716 without her husband's agreement, Bagus Satriya. As time went by, Erlinawati could not fulfill its obligations as stipulated in the credit agreement, and then PT PNM sent a warning letter to Erlinawati. Good people who know the land and buildings of his property are used as a direct guarantee to file a lawsuit to the Blora District Court. The Blora District Court ruled that credit agreements and Deed of Mortgage Rights (APHT) are invalid and null and void. So far the legal protection for debtors who have sued from the other party on the guarantee given by the creditor has not been regulated specially in the legislation. The law only regulates bad debts and debt repayment through the execution process stipulated in the Law on Banking and Insurance Rights Act. Legal protection that creditor can use when obtaining a lawsuit from a third party is by using the general guarantees provided for in Articles 1131 and 1132 of the Civil Code.
ANALISIS TANGGUNG JAWAB PEJABAT LELANG KELAS I ATAS KESALAHAN REDAKSIONAL RISALAH LELANG TERKAIT EKSEKUSI HAK TANGGUNGAN MELALUI PERMOHONAN KEPADA KETUA PENGADILAN (STUDI KASUS: PENETAPAN NOMOR 02/EKS.HT/2018/PN.SNT)ANALISIS TANGGUNG JAWAB PEJABAT LELANG KELAS I ATAS KESALAHAN REDAKSIONAL RISALAH LELANG TERKAIT EKSEKUSI HAK TANGGUNGAN MELALUI PERMOHONAN KEPADA KETUA PENGADILAN (STUDI KASUS: PENETAPAN NOMOR 02/EKS.HT/2018/PN.SNT) Lavetta Ferels; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17774

Abstract

Determination Number 02/Eks.HT/2018/PN.SNT, granted the request for revocation of execution. Excerpt from the Minutes of Auction number: 203/2013 describes the auction object that was sold but there is an editorial error regarding the PLTU Turbine, it should be the PLTU Turbine Building. What is the Class I Auction Officer's responsibility for editorial errors in the Auction Minutes? What legal remedies can a third party take for the editorial error of the Minutes of Auction?. The problems were analyzed comprehensively by using normative juridical law research methods. Each auction must be preceded by an announcement of the auction, then Minutes of Auction are made by the Auction Officer. The buyer receives a Minutes of Auction Quotation as a Deed of Sale and Purchase. Correction of editorial errors after the Auction Minutes is closed and signed may not be carried out, unless there is a principal editorial error related to the legality of the subject and object of the auction which can harm the seller and/or buyer if no correction is made, or becomes a finding of the Superintendent or the functional examiner and needs to be followed up. with correction. Correction of editorial errors as stated in the Minutes of Written Warning is the lowest level of sanctions that can be given to the Auction Officer in the event of an editorial error in the minutes of the auction. Article 40 of the Regulations for Selling in Public in Indonesia (Ordinance 28 February 1908, S. 1908-189, effective from 1 April 1908 states that the auctioneer is responsible for all losses arising from non-compliance with the provisions of articles 37, 38, and 39 above. Where in articles 37, 38 and 39 basically describe the minutes of the auction.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) DALAM PEMBUATAN AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN DAN PERSETUJUAN PEMILIK OBJEK DALAM PUTUSAN NOMOR 347/PDT.G/2017/ PN.JKT.TIM Kevin Hernando Pratama; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.13647

Abstract

In making a land deed, PPAT is required to have skills, accuracy, and ability in the field of land law and must be based on the knowledge or approval of the owner of the land object. The problem faced is how is the responsibility of the Land Deed Making Officer (PPAT) in making the sale and purchase deed made without the knowledge and approval of the object owner related to Decision Number 347/Pdt.G/2017/PN.Jkt.Tim. The research method used is normative juridical law research. The results showed that the PPAT that made AJB without the knowledge and approval of the object owner related to the East Jakarta District Court Decision Number 347/Pdt.G/2017/PN.Jkt.Tim is an act against the law and violates the provisions of Article 1365 of the Civil Code, because it is against the law. The principles of propriety, thoroughness and prudence as well as contrary to the legal obligations of the perpetrator so that it causes harm to the Plaintiff. Criminally, PPAT can be charged with Article 263 paragraph (2) of the Criminal Code. Administratively, PPAT can be dishonorably dismissed. In order to avoid misuse of identity and forgery of signatures in the making of PPAT deeds, PPATs are required to attach letters and documents as well as the fingerprints of those who appear on the Minutes of Deed as one of the obligations that must be carried out by Notaries.
KEABSAHAN PENGGUNAAN KUASA MUTLAK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH YANG DIBUAT OLEH NOTARIS Clara Vania; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 2 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i2.2747

Abstract

Absolute power of attorney is a power of attorney containing an irrevocable element by the authorizing party. Since the Instructions of the Minister of Home Affairs Number 14 Year 1982 concerning the Prohibition of Absolute Power of Attorney as the Transfer of Land Rights took effect on 6 March 1982 and Government Regulation Number 24 Year 1997 concerning Land Registration took effect on 8 July 1997, the use of absolute power of attorney has been banned. But in the practice, the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is still found. This is what often causes conflict because the use of absolute power of attorney is considered contrary to the laws and regulations in Indonesia. The formulation of the problem in this thesis is how the validity of the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land made by a public notary and how the legal consequences of the Binding Sale and Purchase Agreement of Land that use absolute power of attorney. The results of the study showed that regarding the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is legal and does not violate the laws and regulations. In addition, the legal consequences arising from the use of this absolute power of attorney in the Binding Sale and Purchase Agreement of Land are still recognized and remain valid and binding for the parties who have made them.
PERLINDUNGAN HUKUM BAGI PEMBELI YANG BERITIKAD BAIK (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 1696K/PDT/2016) Michael .; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 1, No 1 (2018): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v1i1.2171

Abstract

Legal relationships that occur between legal subjects with each other occurs with the existence of an engagement or agreement. Engagement made rights and obligations in the field of property law for the parties making the agreement. Agreement is made to bind the parties to the agreement. The agreement proves that the legal relationship of the parties is a legal fact. Agreements must born of the will and should be implemented in accordance with the intent of the parties made an agreement in good faith. An agreement starts from a difference or inequality of interest between the parties. The formulation of such agreement relationships is generally always preceded by a negotiation process between the parties. Each agreement is subject to the treaty law, so the agreement must be executed in good faith as set forth in the article 1338 Civil Code or Burgelijk Wetboek (BW). The good faith of contract implementation refers to the objective good faith. The standard used in good faith is an objective standard that refers to an objective norm. In a society often buying and selling that cause various problems, particularly in the sale and purchase of land, among others, the sale and purchase of land owned by others, where the land is not the owner of the seller. As a result of buying and selling like this then the buyer who is honest and good faith will experience disruption to enjoy the goods that  they want to buy.
TANGGUNG JAWAB PPAT TERHADAP AKTA JUAL BELI YANG DIBUAT TANPA SEPENGETAHUAN ISTRI SAH DARI SALAH SATU PENGHADAP (STUDI KASUS PENGADILAN NEGERI SERANG NOMOR 39/PDT.G/2017/PN SRG JUNCTO PUTUSAN PENGADILAN TINGGI BANTEN NOMOR 60/PDT/2018/PT BTN JUNCTO PUTUSAN MAHKAMAH AGUNG NOMOR 227 K/PDT/2019) Natasya Elvara Yusuf; Gunawan Djajaputra
Jurnal Hukum Adigama Vol 4, No 2 (2021): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v4i2.17914

Abstract

The sale and purchase transaction i carried out with the Sale and Purchase Deed Number made by PPAT without the knowledge and approval of the seller's wife who in making the AJB the seller gives the selling power to the buyer so that only the buyer faces PPAT, in which it turns out that the seller uses a false identity and is not married and the object of land being sold is a joint property. The problem in writing this thesis is how the PPAT is responsible for the deed of sale made without the knowledge of the legal wife of one of the parties and what are the legal consequences for the status of the land being traded using the deed of sale made by PPAT without the knowledge of the legal wife of one of the parties. facing. The research method is normative legal research. The results of the research in this thesis indicate that the PPAT against the deed he made without the knowledge and approval of the wife is illegitimate and null and void can be held accountable administratively, civilly but not criminally because it is not proven. Regarding the legal consequences of the land status which AJB canceled by law, the land status should be returned to its original state by filing a lawsuit to the State Administrative Court
Co-Authors Adi Tri Atmaja Aditya Luthfi Denia Aisyah Nikita Albeth Albeth Andrew Giovanni Tanjaya Ani Anggreni Aurora Vania Crisdi Gonadi Bella Patnessia Catherine Carisa Khovin Chelvia Priscilla Christhalia Noveldy Tanjaya Christopher Kendrick Adam Cindy Situmeang Clara Vania David Oberlin Nugraha Saragih Edric Victori Elisa Setyowati Edison Febry Yanti Fernando Fernando Fransisca Kusuma Aryani Gladys Natalie Aurielle Sirait Glorya Kalicya Ivana Ivana Janice Vianney Jeanet Trifena Lewi Jeremi Korayan Jimmy Gunawan Jodhantara Aulliandika Joshua Tanaya Junaedi Junaedi Kea Ezzati Ascarya Kusumonegoro Kevin Hernando Pratama Lavetta Ferels Lorenzo Marco Marcelino Valentin Michael . Muhamad Ibnu Afif Muhammad Ruen Wijokangko Wijokangko Napoleon Tampubolon Natasya Elvara Yusuf Nickyta Firmaniar Omega Kharisma Yeremiarim Rio Utomo Hably Riyan Saputra Siaw Swhien Sylvie Liunadi Tifanni Tifanni Vanessa Vanessa Vincensia Vincensia William Hendarsin Wiranti Agustina Ningrum