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All Journal JOURNAL of LEGAL RESEARCH Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik
Cicilia Julyani Tondy
Universitas Jayabaya Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kepastian Hukum Atas Pemecahan Sertifikat Induk Tanah Terkait Developer Perumahan Yang Dinyatakan Pailit Fernedy Fernedy; Yuhelson Yuhelson; Cicilia Julyani Tondy
JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i4.28106

Abstract

Real estate and housing remain persistent issues for many neighborhoods. There are still issues with the application of law in the realm of land ownership, and these issues frequently lead to disputes and conflicts. This study is a form of normative, doctrinal, or dogmatic legal inquiry. The study found that the buyer/consumer who has paid in full and made a deed of sale and purchase at the PPAT needs to look at the legal repercussions of the developer's failure to solve the certificate from two different angles: the developer's and the court's. While waiting for the certificate split process carried out by the curator as the responsible developer for the developer who has been declared bankrupt, and for consumers who have not yet completed payment on the house purchased from the developer, and only have PPJB, buyers can apply for a name transfer process at the land office. The consumer or buyer of the house whose solution has not been taken care of by the developer who is declared bankrupt can apply as a concurrent creditor so that the curator takes care of it and receives full compensation from the developer as represented by the curator or continues to manage the house. the homebuyer's or consumer's best interests. Since the house has not yet been completely paid off, the consumer/buyer of the house must also fulfill their commitments to pay off the remaining mortgage installments. Additional unfulfilled commitments include finishing the down payment on the developer-purchased home.
Perlindungan Hukum Bagi Ahli Waris Terhadap Harta Warisan Yang Beralih Tanpa Persetujuan Ahli Waris Setio Prabowo; M. Sudirman; Cicilia Julyani Tondy
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 1 No 3 (2023): Juli : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v1i3.1346

Abstract

Inheritance occurs when a family member passes away, such as a father, mother, or child, provided that the deceased individual possessed wealth or assets. However, in reality, situations still arise where land rights can transfer through inheritance without involving all heirs in the ongoing transfer process. The research methodology employed in this study is a normative juridical approach. Within this research, the theories of Legal Consequences according to R. Soeroso and Legal Protection according to Satjipto Raharjo are utilized. The research findings indicate that the legal repercussions of transferring inheritance assets without the consent of the heirs, in accordance with the Civil Code, are deemed invalid under the law. The ancestral land is sold by an individual who, in fact, lacks the right to do so, given that the ownership rights to the land actually belong to the heirs. Thus, in accordance with Article 1471 of the Civil Code, the sale transaction becomes null and void.
Co-Authors Fernedy Fernedy M. Sudirman Setio Prabowo Yuhelson Y.