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All Journal Jurnal Hukum Legalita Journal of Sharia and Legal Science
Syamsul -
Universitas Muhammadiyah Palembang
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Bagi Pemenang Lelang Yang Barangnya Masih Dimiliki Debitur: PERLINDUNGAN HUKUM BAGI PEMENANG LELANG YANG BARANGNYA MASIH DIMILIKI DEBITUR Syamsul -; Ismail Pettanase; K.A. Novianysah; Muhammad Adi Saputra
Legalita Vol 5 No 1 (2023): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

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Abstract

An auction is a sale of goods open to the public with an increasing or decreasing written and/or oral price offer to reach the highest price preceded by an auction announcement. The auction is held openly and there is no priority among the bidders or bidders. The problem that occurs in the community in the banking world is that the debtor is not the owner of the guarantee so that if the debtor defaults the Auction Center finds it difficult to auction the execution of the mortgage object. Even though the collateral owner signs the deed of granting the mortgage right which has been registered at the land agency office, so that the auction winner cannot take possession of the auction object. The legal research method used is normative-empirical (applied) examining the use of positive legal provisions (legislation) and factual clauses in every legal phenomenon that occurs in society with a predetermined goal. Auction winners are given security and legal protection. The auction seller has a legal obligation to uphold the rights of the winning bidder. The pre-auction and post-auction implementation of the regulations reflect this.
Proses Legalisasi dan Hambatan Dalam Pengurusan Tanah Warisan Tanpa Sertifikat Dea Justicia Ardha; Rahmatullah Ayu Hasmiati Hasmiati; Abdul Jafar; Syamsul -
Journal of Sharia and Legal Science Vol. 1 No. 3 (2023): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v1i3.354

Abstract

Land is a valuable asset that has historical value. To avoid legal complications down the line, it is crucial to ensure that the land is officially titled and registered in the owner's name. Obtaining ownership rights for land can take place either through the inheritance process or by obtaining land certification. However, if the inherited land does not have a certificate, it can cause problems in the division of the inherited property. Legalisation of uncertificated inherited land is important to provide legal certainty for the heirs. The research in this study employs a normative juridical approach, which involves legal research grounded in statutory regulations. The process of legalising inherited land without a certificate can be done by first arranging the Death Letter / Death Certificate of the Heir, then after obtaining the letter, a Certificate of heirs can be submitted first along with a Certificate of ownership from the Lurah / The Head of the Village along with a certificate indicating that the land has not undergone certification, then a new application for registration of the land can be submitted. Land registration aims to ensure a person's right to land, prevent border disputes, and determine the amount of tax. Through registration, an individual can secure clarity regarding their land rights, encompassing ownership rights, business use rights, building use rights, and various others. Many lands are not yet certified due to sub-optimal land registration and people's inability to apply for certificates. Factors that hinder the community include high costs, lack of understanding of registration procedures, and the process is complicated and complex.
Co-Authors Abdul Jafar Dea Justicia Ardha Ismail Pettanase K.A. Novianysah M. Adi Saputra Rahmatullah Ayu Hasmiati