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All Journal Unes Law Review Jurnal Samudra Ekonomi dan Bisnis Ensiklopedia Social Review RIO LAW JURNAL UNES Journal of Swara Justisia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Ilmu Kesehatan Indonesia
Muhammad Hasbi
Fakultas Hukum Universitas Andalas, Padang, Indonesia
Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences

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Journal : Unes Law Review

 1 
Kedudukan Notaris dalam Penyimpanan Sertipikat pada Masa Pelaksanaan Perjanjian Pengikatan Jual Beli di Kota Padang Irma Aisyah; Busyra Azheri; Muhammad Hasbi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.848

Abstract

One of the authorities of a notary is in the making of a Sales and Purchase Agreement (SPA), which is a preliminary agreement between the seller and the buyer before the official sale and purchase deed is made in front of a Land Deed Official. Because there are requirements that have not been fulfilled, in accordance with the principles of real, cash, and clear sale and purchase, the Notary has the independence to keep the certificate for the safety of the parties who want or require the Notary to hold (store) the certificate. The Notary takes this action because of concerns that may arise if the certificate is held by the seller or buyer, and the Notary usually takes this precaution until the payment is made. With this, there is a legal vacuum where the Notary takes action to keep the certificate to avoid potential risks, but there are no regulations that protect the Notary from all the risks. The issue addressed in this paper is : how is the legal position of a Notary if it is linked to the storage of the certificate during the implementation of the Sales and Purchase Agreement in Padang City and what if one side of the party takes the certificate stored by the Notary without the presence of all members of the party of the agreement. In this research, the method used is juridical empirical, which is an approach to the problem through legal research by looking at the applicable legal regulations and will produce theories about the existence and function of law in society. According to the result of this research it is found that: 1) The storage of land certificates in the Sale and Purchase Agreement (SPA) is outside the Notary's authority and obligation based on Law Number 2 of 2014 concerning Notary Position. The Notary's action in receiving the storage of land certificates as a neutral stance towards the parties to ensure legal certainty and protection. 2) In practice, the Notary will not provide the certificate to one party if the other party is not present. This is to prevent losses to the other party and in accordance with Article 16 paragraph (1) letter (a) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position (hereinafter referred to as UUJN), in carrying out their duties, the Notary is obliged to act with trustworthiness, honesty, impartiality, independence, and to protect the interests of the parties involved in the legal act.
Kekuatan Hukum Penggunaan Surat Jual Beli di Bawah Tangan dalam Pendaftaran Tanah di Kabupaten Padang Pariaman Geni Rilfa Ramadhan; Yuslim Yuslim; Muhammad Hasbi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.860

Abstract

Land is basically owned and controlled by a person or together. Sometimes the land can be transferred to another person by using an underhand sale and purchase agreement, in Padang Pariaman Regency it is known as Siliah Jariah, where the buyer replaces someone's hard work on the land he previously controlled to become the property of the buyer. So that the Siliah Jariah Letter becomes the basis for land registration at the Padang Pariaman Land Office, what is examined in this thesis are: 1) What is the certainty of the legal force of using a Sale Purchase Certificate under the hand as the basis for rights in land registration in Padang Pariaman Regency? 2) How is the implementation of the registration of land rights using a sales and purchase agreement under the hand at the Land Office of the Padang Pariaman Regency? The approach method used in this study is an empirical juridical method. This research is descriptive in nature. The data used are primary data and secondary data. The data sources in this research are library research and field research. Data was collected through interviews and document studies. The data obtained was processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the results of the research, the authors conclude: 1) The private sale and purchase agreement cannot be the basis for land registration at the Padang Pariaman Land Office, because basically the land must be owned for 20 years, or land registration can be done by means of, register the land in the name of the previous owner (seller), after which the rights can be transferred to the name of the buyer. 2) The land registration system based on private sale and purchase is generally registered through a sporadic land registration system, in which cultivators collectively register their rights with the National Land Agency of Padang Pariaman Regency.
Perlindungan Hukum bagi Kreditur dalam Penarikan Paksa Objek Jaminan Fidusia di PT. Astra Credit Companies Kota Padang Fajri Hasrul; Busyra Azheri; Muhammad Hasbi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.934

Abstract

This study aims to identify and analyze forced withdrawals carried out by PT. ACC Padang Branch and the problems faced by the company in the process of forcibly withdrawing collateral objects. This research was conducted by juridical-empirical research. The data source for this research is primary data from key informants at PT. ACC Padang Branch and secondary data derived from legal reference sources. The results of the study at the ACC Padang Branch found that the forced withdrawals based on the two cases analyzed had been carried out according to the requirements stated in the UUJF and the Constitutional Court Decision Number 18/PUU-XVII/2019. Based on these two cases the debtor has defaulted and has no good faith to settle his obligations. This study found that the debtor had violated Article 23 UUJF, by transferring the collateral object without the creditor's approval. By UUJF, in this case, the creditor can not only make withdrawals but the debtor can also be punished according to Article 36 UUJF.
Co-Authors Alfiani Farida Anggreiny, Nila Aprilia Gayatri Azmi Fendri Busyra Azheri Dharma Yuda Putra Elwi Danil Fajri Hasrul Geni Rilfa Ramadhan Irma Aisyah Kamarni Neng Kharina Aggita Putri Marwenny, Elwidarifa Nafa Amelsi Triantika Nina Rahimi Pengki Sumardi Solihandracem Solihandracem Yantri Maputra Yasniwati, Yasniwati Yuslim Yuslim