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KEPEMILIKAN TANAH YANG DIPEROLEH MELALUI JUAL BELI DIBAWAH TANGAN SECARA MELAWAN HUKUM Fairuuzah Fairuuzah; Listyowati Sumanto
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The sale and purchase of land must be carried out before the Land Deed Making Officer in order to obtain Sale and Purchase Deed as a condition for registering the transfer of rights over the land. However, in practice, buying and selling is done underhand. A Case of unlawful land ownership occurred in Kuta Village, Central Lombok District. The problem: whether the sale and purchase carried out by Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/third party can be categorized as unlawful act and how the dispute resolved in Supreme Court Decision Number 1979 K/PDT/2019. The research is normative and descriptive legal research, using primary and secondary, The data is analyzed qualitatively and conclusions are drawn using deductive logic method.. The conclusion: the sale and purchase carried out in 2006 between Samah/Seller and Sahdan was valid because it met the material and formal requirements. The sale and purchase in 2013 between Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/Third Party was categorized as an unlawful act because it fulfilled the elements in article 1365 of Civil Code so that the sale and purchase was illegal and null and void because Samah has no right to sell the land.

SENGKETA PENERBITAN SERTIPIKAT HAK MILIK DI ATAS TANAH HAK GUNA USAHA Aldavira Artamevia; Listyowati Sumanto
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Land registration is required to guarantee legal certainty and also the certainty of land rights. Land certificate is a strong proof of rights. However, there were cases of multiple certificates, more than one certificate on the same plot of land in Kuantan Singingi Regency. The main problem in this research is what causes overlapping certificates regarding the issuance of certificates of property rights on land that still has the status of PT Wanasari Nusantara's Cultivation Rights. This research is a normative and descriptive legal research by using primary and secondary data, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusion obtained in this research is that the factors causing the problem of overlapping certificates are because the land registration still does not use a computerized system and does not utilize land registration maps, so that village officials provide wrong information to the National Land Agency.

PENDAFTARAN TANAH SISTEMATIS LENGKAP DI DESA BAWURAN, KECAMATAN PLERET, KABUPATEN BANTUL, YOGYAKARTA Naufal Tsaqif Wahidhadi; Listyowati Sumanto
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Complete Systematic Land Registration is a land registration activity for the first time that is carried out simultaneously for all land registration objects in one village/kelurahan area, which includes the collection of physical data and juridical data regarding one or several land registration objects for the purpose of registration. The formulation of the problem is whether land registration through the Complete Systematic Land Registration program in Bawuran Village, Pleret District, Bantul Regency, Special Region of Yogyakarta complies with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration. The research uses normative juridical research type, is descriptive in nature, and uses primary and secondary data, the results of the research are analyzed qualitatively and conclusions are drawn using a deductive mindset. In conclusion, the implementation of the Complete Systematic Land Registration Program in Bawuran Village, Pleret District, Bantul Regency has been carried out in accordance with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration.

KEPEMILIKAN TANAH YANG DIPEROLEH MELALUI JUAL BELI DIBAWAH TANGAN SECARA MELAWAN HUKUM Fairuuzah Fairuuzah; Listyowati Sumanto
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13439

The sale and purchase of land must be carried out before the Land Deed Making Officer in order to obtain Sale and Purchase Deed as a condition for registering the transfer of rights over the land. However, in practice, buying and selling is done underhand. A Case of unlawful land ownership occurred in Kuta Village, Central Lombok District. The problem: whether the sale and purchase carried out by Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/third party can be categorized as unlawful act and how the dispute resolved in Supreme Court Decision Number 1979 K/PDT/2019. The research is normative and descriptive legal research, using primary and secondary, The data is analyzed qualitatively and conclusions are drawn using deductive logic method.. The conclusion: the sale and purchase carried out in 2006 between Samah/Seller and Sahdan was valid because it met the material and formal requirements. The sale and purchase in 2013 between Samah/seller to Ike Ratna Wulan and Nanang Abdul Mukti/Third Party was categorized as an unlawful act because it fulfilled the elements in article 1365 of Civil Code so that the sale and purchase was illegal and null and void because Samah has no right to sell the land.

SENGKETA PENERBITAN SERTIPIKAT HAK MILIK DI ATAS TANAH HAK GUNA USAHA Aldavira Artamevia; Listyowati Sumanto
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13447

Land registration is required to guarantee legal certainty and also the certainty of land rights. Land certificate is a strong proof of rights. However, there were cases of multiple certificates, more than one certificate on the same plot of land in Kuantan Singingi Regency. The main problem in this research is what causes overlapping certificates regarding the issuance of certificates of property rights on land that still has the status of PT Wanasari Nusantara's Cultivation Rights. This research is a normative and descriptive legal research by using primary and secondary data, analyzed qualitatively and the conclusions are drawn by using deductive logic methods. The conclusion obtained in this research is that the factors causing the problem of overlapping certificates are because the land registration still does not use a computerized system and does not utilize land registration maps, so that village officials provide wrong information to the National Land Agency.

PENDAFTARAN TANAH SISTEMATIS LENGKAP DI DESA BAWURAN, KECAMATAN PLERET, KABUPATEN BANTUL, YOGYAKARTA Naufal Tsaqif Wahidhadi; Listyowati Sumanto
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13610

Complete Systematic Land Registration is a land registration activity for the first time that is carried out simultaneously for all land registration objects in one village/kelurahan area, which includes the collection of physical data and juridical data regarding one or several land registration objects for the purpose of registration. The formulation of the problem is whether land registration through the Complete Systematic Land Registration program in Bawuran Village, Pleret District, Bantul Regency, Special Region of Yogyakarta complies with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration. The research uses normative juridical research type, is descriptive in nature, and uses primary and secondary data, the results of the research are analyzed qualitatively and conclusions are drawn using a deductive mindset. In conclusion, the implementation of the Complete Systematic Land Registration Program in Bawuran Village, Pleret District, Bantul Regency has been carried out in accordance with the provisions of the Minister of Agrarian Affairs and Spatial Planning Number 6 of 2018 concerning Complete Systematic Land Registration.

- PELAKSANAAN PENJAMINAN SISTEM RESI GUDANG PADA PERSEROAN TERBATAS JAMINAN KREDIT INDONESIA: - Ersya Maulina; Listyowati Sumanto
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18692

One of Indonesia's strengths lies in its abundant natural resources. In the agricultural sector, surplus stock arises from plentiful harvests exceeding market demand. Farmers are compelled to sell well below market prices, unwilling to risk marketing low-quality or unprofitable yields. Law Number 9 of 2011 on the Warehouse Receipt System provides a government solution. The research examines the implementation of PT Jamkrindo's warehouse receipt guarantee system concerning holders and collateral recipients when warehouse management fails. It explores challenges faced by PT Jamkrindo in protecting the rights of warehouse receipt holders and collateral recipients in the event of warehouse management bankruptcy. Employing a normative juridical research approach, descriptive and qualitative analyses using secondary data, the study concludes that in bankruptcy cases, legal protection is afforded to warehouse receipt holders and collateral recipients, enabling them to seek compensation through legal claims. Challenges for PT Jamkrindo include difficulty in finding an ideal warehouse manager, limited facilities and infrastructure, and the absence of a comprehensive guarantee mechanism covering overall losses, especially during warehouse manager bankruptcy.

PEMBATALAN SERTIPIKAT HAK MILIK ATAS TANAH DALAM PRESPEKTIF JAMINAN KEPASTIAN DAN PERLINDUNGAN HUKUM TERHADAP PEMEGANG HAK ATAS TANAH: Affan Zaidan; Listyowati Sumanto
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18703

Land registration aims to guarantee legal certainty of land rights and legal protection for holders of rights to a plot of land—a certificate is a vital means of proof. The main problem is what causes the land title certificate to be canceled and what is the legal protection for land rights holders regarding land title certificates. The research method used is normative legal research, descriptive, analyzed qualitatively, and concluding using deductive logic. The results of the study show that certificates of land rights that have been issued in the name of the right holder can be requested to be canceled due to a court decision that has permanent legal force stating that it is void or does not have binding legal force or is due to administrative, legal defects due to errors in area calculations, object or subject errors, overlapping (dual certificates) including mistakes in the application of statutory regulations. Although land title certificates can still be canceled, if land registration is according to regulation, it can guarantee certainty and legal protection to land rights holders by presenting physical and juridical data in the certificate, which can be used as evidence when litigating in court.

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