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KEPASTIAN HUKUM SERTIFIKAT HAK MILIK TANAH DALAM KAITAN DENGAN PEMBATALAN SERTIFIKAT OLEH PENGADILAN Rahmad Hendra
Jurnal Ilmu Hukum Vol 2, No 1 (2011)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v2i01.490

UUPA telah menentukan bahwa untuk menjamin kepastian hukum oleh pemerintah diadakan pendaftaran tanah di seluruh wilayah Republik Indonesia menurut ketentuan- ketentuan yang diatur dengan pemerintah. Dengan dikeluarkannya peraturan pemerintah Nomor 24 Tahun 1997 tentang pendaftaran tanah, maka diharapkan terjaminlah kepastian hukum hak-hak atas tanah yang ada di wilayah negara kesatuan Republik Indonesia ini yang dibutikan dengan sertifikat atau akta tanah. Dalam praktek tidak jarang sertifikat dibatalkan atau dikalahkan dalam persidangan pada peradilan umum. Makalah ini menyimpulkan bahwa kekuatan bukti serifikat sebagai jaminan kepastian atas hak miliki tanah tergantung sejauh mana pihak lain mampu membuktikan atas dasar dalil yang diajukan. Kekuatan sebuah sertifikat tidak bersifat mutlak.

PENYELESAIAN SENGKETA PERJANJIAN SEWA MENYEWA RUKO SECARA LISAN DI KELURAHAN BENAI (STUDI KASUS PERJANJIAN SEWA MEYEWA RUKO SECARA LISAN DI KABUPATEN KUANTAN SINGINGI) Fiky Indra; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Humans as social beings are creatures that are very dependent on oneanother because they are bound by the norms and values that exist in social life. The mainissues in this study are: How is the binding force of the shop rental agreement verballybetween the parties in Benai Village; and how to resolve a dispute over a shop leaseagreement orally between the parties in Benai Village.In the case raised by researchers in the existence of an agreement made inwriting or by carrying out an agreement verbally located in Kuantan Singingi Regency. Asdescribed in the implementation of the verbal agreement, this occurred in the people of BenaiSubdistrict, who could be said to be not backward from the Kuantan Singingi area, but whathappened illustrated the rise of spontaneous community interaction that occurred and wascarried out with awareness.The results of this study are: The strength of binding the rental agreement torent a shop orally in Benai Village, Benai District, Kuantan Regency carries out the leaseagreement verbally (not in writing) and the parties are still bound by mutual trust so that manydisputes arise, so that disputes that occur in Kelurahan This benai. Verbal settlement of leaseagreement disputes in Benai Village is carried out on the basis of the agreement of the partiesthat dispute resolution chosen out of court on the grounds of seeking resolution of the problemby the disputing parties is connected by each representative or relative of both to act as amediator in finding solutions to problems in a deliberation between the two as mediation of theparties with the result of a settlement based only on oral (non-written) testimony betweenrepresentatives of relatives present at the deliberation so that there is still the potential fordisputes to arise from the results of the deliberation.The authors, involved in resolving the dispute over the rental agreement forshophouses in Benai Village will be able to put the results of the deliberations in writing sothat later the settlement involves other authorized parties in supervising or monitoring theresults of deliberations between parties so that it can become a new way of solving problems inBenai Village.Keywords: Disputes-Lease-Oral Agreement.

ANALISIS PUTUSAN HAKIM PENGADILAN NEGERI SIAK DALAM PERKARA PERDATA NOMOR 37/Pdt.G/2018/PN.SAK TENTANG PENETAPAN GANTI KERUGIAN PEMBANGUNAN UNTUK KEPENTINGAN UMUM Maryam Khairunnisa; Rika Lestari; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This research related to the analysis of the decision of the judge of the Siak District court incivil case number 37/Pdt.G/2018/PN.Sak regarding the determination of compensation fordevelopment in the public interest. Based on this decision, there are many things that need to bestudied because they are not in accordance with the provisions of existing laws an regulations.Therefore, it is necessary to study stimulatively the first consideration of the judge in the decision ofthe Siak District court in civil case number 37/Pdt.G/2018/PN.Sak regarding the determination ofcompensation for development for the public interest.. Second, the suitability of the judge’s decisionto the theory of justice according to the Siak district court in civil case number 37/Pdt.G/2018/PN.Sakregarding the determination of compensation for development in the public interest.

EKSEKUSI RIIL SENGKETA TANAH ANTARA PT. JONDUL JAYA SAKTI CABANG PEKANBARU DENGAN PIHAK TAHREL DI PENGADILAN NEGERI PEKANBARU Desy Aulia Ulfa Siregar; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In carrying out a decision (execution), in essence, the losing party oftendoes not want to carry out the decision voluntarily, so that the implementation ofthe judge's decision is carried out by coercion (real execution) by the executingparty with the help of public forces such as the police and even the military. Realexecutions carried out by courts often encounter resistance from executed partieswho do not accept the judge's decision. So many factors can hinder the execution.The land dispute case between the Tahrel Party and PT. Jondul Jaya SaktiPekanbaru Branch has passed all stages of the trial starting from the FirstSession, Appeal, Cassation, even to the extraordinary judicial review. The Court'sdecision stated that the land was the property of Tahrel, but the PekanbaruDistrict Court did not carry out the execution of the land on the grounds thatthere was a lawsuit from a third party.The type of legal research is sociological, which in this research is carriedout by going directly to the field to collect primary data through interviews withthe parties involved in this case, namely the lawyers of PT. Jondul Jaya SaktiPekanbaru Branch, Tahrel, Registrar of the Pekanbaru District Court and Bailiffof the Pekanbaru District Court. This research uses a descriptive method. Thenature of this research is descriptive.The results of this study are the inhibiting factors for the real execution ofland disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with Tahrel atthe Pekanbaru District Court were the losing parties (PT. Jondul Jaya SaktiPekanbaru Branch) resisted with a lawsuit from a third party. The executioncould not be carried out because it was still waiting for a lawsuit decision from athird party. Efforts made in overcoming the inhibiting factors for the execution ofreal land disputes between PT. Jondul Jaya Sakti Pekanbaru Branch with theTahrel Party at the Pekanbaru District Court, namely the winning party (Tahrel)submitted an application for forced implementation of the Judge's decisionthrough the competent District Court. Tahrel submitted a request for re-executionto the Head of the Pekanbaru District Court to carry out the execution for theumpteenth time, namely the first on 18 July 2019, the second 28 July 2019 and thethird 5 August 2019.Keywords: Real execution, land dispute, Pekanbaru District Court

KAJIAN TENTANG PERUBAHAN HARGA DALAM TRANSAKSI DENGAN SISTEM PEMBAYARAN CASH ON DELIVERY (COD) PADA ONLINESHOP SHOPEE MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Putri Damayanti; Zulfikar Jayakusuma; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The development of the internet provides many conveniences for humans tocontinue to make it easier to carry out their daily activities, including buying andselling. Many people create effective and efficient systems such as e-commerce. E-commerce is experiencing very rapid development so that companies createMarketplaces, one of which is Shopee. Shopee has a variety of payment systems,one of which is the Cash on Delivery (COD) system, Payment is made when thegoods reach the by buyer's. However, in this payment system there are somedrawbacks, such as price changes that occur when paying, two case about pricechanges experienced by some consumers that the author got from the Twitterplatform and one of the author's friends did not escape the incident. Things like thisare certainly very detrimental to consumers, because they require consumers to paymore than what is stated when they want to make a transaction. Based on the case,the authors are interested in studying, researching and relating this phenomenonbased on Law Number 8 of 1999 concerning Consumer Protection in writing thisthesis.The purpose of this research is to find out the COD system works on theShopee marketplace and protects consumers as a result of price changes intransactions with the COD payment system according to Law Number 8 of 1999concerning Consumer Protection. This research was conducted using a normativejuridical research approach. The method of normative juridical research approachis library law research which is carried out by examining library materials orsecondary data. In this study, the scope of research be carried out by drawing legalprinciples, which are carried out on written and unwritten positive laws.From the results of this study, that consumers should properly know therules and be careful when doing the transaction, consumers must set awarenessabout anything that harm. An institution is needed for consumer protection, whichsupervises consumer rights in e-commerce. Business actors must uphold highintegrity in carrying out their business. Electronic service providers should createa special service and complaint procedure for consumers who feel their rights arenot being fulfilled.Keywords: COD, Consumer, Shopee

Tanggung Jawab Notaris Terhadap Akta Otentik Yang Penghadapnya Mempergunakan Identitas Palsu Rahmad Hendra
Jurnal Ilmu Hukum Vol 3, No 2 (2012)
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/jih.v2i02.1145

Notary is a defender of truth and justice so that lawenforcement should be run in good faith and sincerity,so that the legal profession is an honorable and nobleprofession (officium nobile). The number of notariescreate tighter competition between notaries and no-tary sometimes make less careful in their profession.The paper concludes that the notary is responsible forwhat he saw, that they have seen, heard and done bythe notary as a public official in the run position. Nota-ries are not responsible if any information and docu-ments from a client that is not true

TANGGUNG JAWAB PELAKU USAHA PENJUAL APLIKASI BERBAYAR TERHADAP PROMOSI YANG MENYESATKAN Raldi Sembiring Meliala; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Along with the rapid development of science and technology in the modern era, it hasresulted in increasing public demand for services providing goods/services consumed by thepublic. This creates many opportunities for business actors to meet demand for these goodsand services. Buying and selling in this modern era is not only limited to in person but can bedone online, which makes it easier for many business people to run their business.However, in reality, many business actors engaged in online buying and selling do not carryout their rights and obligations properly, which puts consumers in a weak and disadvantagedposition. One of them is the business actor @booming_market which is engaged in buyingand selling netfix accounts. @booming-market business actors carry out ambiguous andmisleading promotions in order to reap maximum profits by not being honest and transparentwith their consumers. the aim of this thesis research is first, to analyze the responsibility of@booming-market business actors towards consumers who are harmed by misleadingpromotions. Second, analyze the forms of legal action that can be taken by @booming-market consumers who are harmed by misleading promotions.From the research results it can be concluded that. First, as regulated in Article 19 UUPK,@booming-market business actors are responsible for providing compensation for consumerlosses. Second, there are 2 legal remedies that can be taken by consumers, namely throughlitigation and non-litigation, but in this case there is a risk that the agreement can be canceledby law because it does not meet the objective requirements for the validity of an agreementbecause the Netflix company has prohibited it from selling. buy back the netflix account. Theauthor's advice is: First, consumers should understand more about consumer rights so thatthey can make careful considerations before deciding to consume a good/service. Second,business actors who promote a product must provide correct information about the product.The advertising content must not contain misleading information or make uncertain promises.You should comply with statutory regulations and not shy away from your responsibilities asa business actor.

PELAKSANAAN PERJANJIAN SEWA MENYEWA ANTARA PENYEWA DENGAN CV CAHAYA RENTAL MOBIL DI KOTA PEKANBARU Dayang Putri Ayu; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Car rental agreements are often used by the community to fulfill theirneeds, so that the implementation often creates a problem, where the tenantdefaults on the contents of the lease agreement that has been made by the partythat rents out. So that in the end there was a dispute between the two parties. Thepurpose of this study is to find out the process of implementing the agreement, andto know legal safeguards against car rental companies when tenants default.The research method used is a sociological juridical approach that is amethod or method used in legal research conducted directly to the field(interview). Then the results of the study will be analyzed descriptively bycombining data from the results of literature / literature studies and field studies.Based on the results of the study it can be concluded that first, the leasingagreement process carried out by AutoBridal Rent Car rental is a type of writtenagreement between the two parties and is in accordance with Article 1548 of theCivil Code. Second, when the tenant defaults, the company has made severalRepressive efforts in resolving the defaults made by the tenants. One such effort isthrough non-litigation or deliberation / consensus. It is suggested to thegovernment that the arrangement of the leasing agreement be specifically andclearly regulated regarding legal protection for business actors, so that theinterests of business actors can also be protected. To the public to carefully readin advance about the contents of the agreement before signing it, and to theleasing party it is recommended that in making a written agreement not tooburdensome to the tenants.Keywords: Legal Protection, Agreement, Rent a Car

PENYELESAIAN SENGKETA GANTI RUGI LAHAN SERTIFIKAT HAK MILIK NOMOR 00471 PADA PTOYEK JALAN TOL PEKANBARU-PANGKALAN Meltiani Br. Pardede; Maryati Bachtiar; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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In the implementation of the use of land in Indonesia regulated in Article 33paragraph (3) of the 1945 Law, the article explains that everything regarding naturalresources including land that is within the territory of Indonesia means that it is controlled,regulated, managed and distributed by the state or government with all its managinginstitutions to be used for the prosperity or welfare of the Indonesian people as a whole.The research method used in this study is the Sociological method. The research wasconducted in Silam Village, Kuok sub-district, Kampar Regency and the Kampar RegencyNational Land Agency Office which were the objects of this research case. Then thepopulation and sample are several parties related to the problem under study, as well as datasources used primary data and secondary data. Data collection techniques in this study wereinterviews and literature review.The conclusions obtained from the results of this study are First, based on the factorscausing the delay in compensation costs on the land title Certificate No. 00471 for thePekanbaru-Pangkalan toll road project, it is hoped that the National Land Agency is theagency authorized for land acquisition, so checking and determining the location must becarried out with accuracy regarding the data so as not to cause problems. Second, it is hopedthat in land acquisitions by determining for the public interest, including the interests of thenation and the state as well as the common interests of the people, land rights can berevoked, by providing appropriate compensation according to the manner regulated by law.Keywords: Dispute Resolution, Compensation, Non Litigation.

PERLINDUNGAN HUKUM PEMEGANG HAK ATAS TANAH BERDASARKAN JUAL BELI DI BAWAH TANGAN (Studi Kasus di Desa Boncah Mahang, Kecamatan Bathin Solapan, Kabupaten Bengkalis) M. Shihab Rozi; Hayatul Ismi; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 2 (2023): Juli - Desember 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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This study aims to find out why the practice of buying and selling land infront of the village head is often carried out by the community in Boncah MahangVillage, Bathin Solapan District, Bengkalis Regency and what efforts must bemade so that the community buys and sells land rights in accordance withGovernment Regulation number 24 of 1997 so that obtain permanent legal forceas well as protection for the sale and purchase of land rights which have onlybeen carried out privately.The type of research used is sociological or empirical legal research.Sociological research is research on law observing the characteristics of acommunity's behavior in an area in an aspect of social life if we look at the factson the ground. The results of this study are first to find out legal protection bysomeone who buys and sells land privately in order to get his rights back over thedispute, the second research results find that the things that result in buying andselling under the hands in Boncah Mahang Village are: habit factor, expensivecost factor, factor of the distance of the national land agency agency.Keywords: Protection-Purchasing of Land-Underhand

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