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All Journal Jurnal Res Justitia : Jurnal Ilmu Hukum Indonesian Collaboration Journal of Community Services (ICJCS)
Hadi Haerul Hadi
Universitas Bina Bangsa
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PEMBATALAN OLEH HAKIM TERHADAP AKTA JUAL BELI YANG DIBUAT BERDASARKAN PENIPUAN (BEDROG) Hadi Haerul Hadi; Safiulloh Safiulloh
Res Justitia : Jurnal Ilmu Hukum Vol. 2 No. 2 (2022): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v2i2.43

Abstract

A covenant is not always made on the basis of a free agreement but rather it is possible that there is a defect of will in the agreement. Such will defects can occur due to coercion, oversight, and fraud in making agreements. In this study, we will discuss one of the three will defects, namely fraud. The formulation of the problem to be scrutinized by the author is fraud as a reason for the cancellation of the agreement and the result of the cancellation by the judge of the Deed of Sale and Purchase made on the basis of fraud by the judge for the parties. The research method used is normative juridical research by descriptive analytical data analysis and using data collection tools, namely secondary and primary data. In this thesis, it is concluded that fraud occurs if there is a deliberate element carried out by one of the parties, namely providing untrue information or facts, and against a lie alone is not enough for the existence of fraud but there must be a series of lies that in relation to one another constitute a gimmick, and have a causal relationship if there is no fraud,   then he could not possibly close the treaty. The legal consequence arising from the Deed of Sale and Purchase annulled by the Judge is that all circumstances must be returned to their original state when there has not been a legal action in the deed in question. So that the other party in the agreement who has already received the achievements of the other party is obliged to return it. Against the Deed of Sale and Purchase which is disputed by the judge, the Land Deed Making Officer will give a note to the Minuta Deed that the deed has been annulled by the Judgment of the Court or by attaching the Judgment of the Court to the Minuta Deed concerned. Finally, for the certificate that has been reversed, one of the parties will apply for cancellation of the certificate to the National Land Agency and then by the National Land Agency will be carried out to cross out and change the name of the owner of the land rights specified in the District Court Decision on the land books, but regarding the replacement of the certificate, there are no clear provisions
PKM SOSIALISASI HUKUM TENTANG TERTIB ADMINISTRASI PERTANAHAN DAN PERHITUNGANNYA DI DESA SINARMUKTI Nurul Qolifah; Hadi Haerul Hadi; Uluhiyah Uluhiyah; Ahmad Hilwani; Asnawi Asnawi; Harry Qurba; Anton Nasrullah
Indonesian Collaboration Journal of Community Services Vol. 1 No. 3 (2021): Indonesian Collaboration Journal of Community Services
Publisher : Yayasan Education and Social Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (201.56 KB) | DOI: 10.53067/icjcs.v1i3.20

Abstract

Land registration is a form of land administration regulated in the Basic Agrarian Law (UUPA). As stated in the UUPA, land registration must be carried out because the purpose of land registration is very beneficial for land rights holders. However, there are still individuals who have not completed the land registration process in Sinarmukti Village. This is an unorganized form of land administration. Many factors cause the absence of orderly land administration, one of which is the lack of public understanding of agrarian laws and regulations, especially regarding land registration which is one component of land administration. Many problems may arise if land registration is not carried out; for example, a common problem in Indonesia is disagreement (land disputes). Land disputes continue to occur; one of the causes is the irregularity of land administration in the past. This problem can happen anywhere and can appear in the Sinarmukti Village community. Therefore, agricultural law counseling activities are carried out to increase public understanding of agrarian law, especially the orderly land administration with land registration. These activities are carried out through the use of an online seminar system or webinars. The general public can follow the guidelines from the webinars so that the public becomes aware and knows about land administration
Co-Authors Ahmad Hilwani Anton Nasrullah Asnawi Asnawi Harry Qurba Nurul Qolifah Safiulloh Safiulloh Uluhiyah Uluhiyah