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Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing Norentia Ekunming Sari; Suhariningsih Suhariningsih; Abdul Madjid
Jurnal Cakrawala Hukum Vol 12, No 2 (2021): August 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v12i2.5808

Abstract

This article has the intent and purpose of the nominee agreement regarding land rights in Indonesia. This happens because many foreign nationals, hereinafter referred to as foreigners, can own land in Indonesia, while positive law in Indonesia only allows Indonesian citizens who can own land ownership rights in Indonesia. The nominee agreement is legal smuggling that can result in land being returned to the state. However, in the Decision of the Denpasar District Court in 2013 Number 82/PDT.G/2013/PN.DPS, one of the judges' decisions is that land must be resold and the proceeds from the sale of land are divided between foreigners (benefactors) and Indonesian citizens (legal owners) as comparison in a case approach to analyze the sale and purchase of land that has been preceded by a nominee agreement in Indonesia. the action of the Plaintiff who is a foreigner to sell the land and buildings prior to the lawsuit is one of the considerations for the judge in deciding this case. In addition, Defendant I sold the land below the market price. Therefore, the unlawful acts committed by Defendant I and Defendant II over the sale and purchase of rights to the object of the dispute must be accounted for by the Defendants.How to cite item: Sari, N., Suhariningsih, S., Madjid, A. (2021). Akibat hukum terhadap jual beli tanah yang telah didahului perjanjian nominee dengan warga negara asing. Jurnal Cakrawala Hukum, 12(2), 205-212. doi:https://doi.org/10.26905/idjch.v12i2.5808
Perlindungаn Hukum bаgi Debitur Penerimа Kredit Usаhа Rаkyаt yаng Wаnprestаsi Kаrenа Overmаcht pаdа Perjаnjiаn Kredit Bаnk Maria Nova; Suhariningsih Suhariningsih; Bambang Sugiri
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 5, No 1 (2020): Juni 2020
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (38.555 KB) | DOI: 10.17977/um019v5i1p104-109

Abstract

The purpose of this study was to examine the forms of special treatment for debtors who were receiving business loans as victims of natural disasters that occurred in Palu City, Central Sulawesi Province, and legal protection for debtors who were receiving business loans. This study used empirical legal methods. The results of the study indicated that the form of special treatment for debtors receiving business loans as victims of natural disasters referred to the Financial Services Authority Regulation Number 45/POJK.03/2017 concerning Special Treatment of Credit or Bank Financing for Certain Areas in Indonesia Affected by Natural Disasters. Legal protection provided if the credit restructuring provided in the form of a delay in payment of obligations (grace period) had not been optimal could be in the form of an extension of credit restructuring, new treaty addendum, or write off.
Pembuatan dan Pengesahan Perjanjian Perkawinan Melalui Penetapan Pengadilan dan Notaris Pasca Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015 Hеndhy Timex; Suhariningsih Suhariningsih; Rаchmі Sulіstyаrіnі
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 4, No 1 (2019): Juni 2019
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (458.939 KB) | DOI: 10.17977/um019v4i1p93-100

Abstract

This article aims to examine the issuance marriage agreement based on the Decision of Constitutional Court Number 69 / PUU-XІІІ / 2015. This study is a normative research with statute and cases approach. The Decision of Constitutional Court Number 69 / PUU-XІІІ / 2015 provides that the marriage agreement which has been made either through a court or notary request must still be recorded and passed to the Population and Civil Registry Office. It aims to provide legal certainty and legal protection for every side.
HAK INGKAR NOTARIS SEBAGAI SAKSI DALAM PERADILAN PIDANA Arum Dewi Azizah Salsabila; Suhariningsih Suhariningsih; Ismail Navianto
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 3, No 1 (2018): Juni 2018
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (174.067 KB)

Abstract

the purpose of this study was to find out why the notary right of refusal can not be used in criminal justice and what are the legal implications of a notary if a notary becomes a witness in a criminal court. This research uses normative juridical research method with the approach of legisla- tion, conceptual, historical, case. The notarization rights can not be used in criminal justice because the criminal proofing system in Indonesia, the position of witness testimony in the search for truth materill, and the principle of examination of judge who directly and orally. As well as the legal implications arising from the right to a notary if the notary has been approved by the Notary Board of Honor (MKN) to appear as a witness in a criminal court that the notary’s right is void. DOI: http://dx.doi.org/10.17977/um019v3i12018p008
Legal Protection for the Partnership Agreement Parties Widaningsih Widaningsih; Suhariningsih Suhariningsih; Sihabuddin Sihabuddin; Budi Santoso
Al-Risalah Vol 22 No 1 (2022): June 2022
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (312.872 KB) | DOI: 10.30631/alrisalah.v22i1.1118

Abstract

Preparing the partnership agreement must comply with the rules for the parties to get guarantees and legal protection. The rules must meet the preliminary requirements, such as understanding the transaction object and background, compiling its outline, recognizing the partners, and formulating the agreement principles. The partnership agreement must also have a signature, as well as rights and obligations. This normative study aimed to analyze the partnership agreement rules as legal protection. The results showed that the partnership agreement rules contain all the parties need as legal certainty and protection.