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PERBANDINGAN HAK PENGUASAAN ATAS TANAH ANTARA NEGARA INDONESIA DENGAN NEGARA KEPULAUAN SOLOMON Dhea Nadhifa Vrily Pontoh; Dinda Keumala
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Comparative Law is the confrontation of comparable elements of two legal systems to find their differences and similarities. Land tenure rights in Indonesia and Solomon Islands. The formulation of the problem is; what are the similarities and differences between the Land Tenure Rights between the State of Indonesia and the Solomon Islands? and what are the factors causing differences in Land Tenure Rights between the State of Indonesia and the Solomon Islands? The method of legal research is normative and is descriptive-comparitive, secondary data which is analyzed qualitatively, and the conclusion is drawn using the deductive method. The results of this research, discussion and conclusion are, there are similarities in Indonesia and the Solomon Islands regarding land tenure rights, namely the meaning of land tenure rights, the existence of customary land tenure rights, individual rights to land in the form of property rights & perpetual estate, and arrangements for the subject of land rights holders. In addition to similarities, differences arise in the form of regulation of land tenure rights, the use of hierarchy in land tenure rights, systematics in land tenure rights in the form of state control rights with public (crown) land.

PENDAFTARAN PERALIHAN HAK ATAS TANAH KARENA JUAL BELI YANG DIBUAT DIBAWAH TANGAN (STUDI KASUS PUTUSAN NO. 116/PDT.G/2019/BKN) Rurrie Putri Mutiara Sari; Dinda Keumala
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The transfer of land rights in a sale and purchase must be carried out in front of an authorized official (PPAT) by making a Sale and Purchase Deed as evidence for the process of transferring land rights/title at the Land Office. The formulation of this research problem is how is the validity of the transfer of land rights due to the sale and purchase of land made under the hand? What must the buyer do to register the transfer of land rights made under the hand based on Decision No. 116/Pdt.G/2019/Bkn? Normative juridical research method. Secondary data collection technique. The nature of the research used is descriptive analytical. This research is analyzed qualitatively. The method of drawing conclusions with the deductive logic method. The results of research, discussion and conclusions, especially in the case of Decision No.116/Pdt.G/2019/Bkn Bangkinang that the sale and purchase of land under the hand is valid because it has fulfilled the material requirements in buying and selling, but has not fulfilled the formal requirements because the sale and purchase is carried out only with a letter under the hand, a Sale and Purchase Deed has not been made before a PPAT.

PERBANDINGAN KEPEMILIKAN SRS DENGAN APARTEMEN UNTUK ORANG ASING DI INDONESIA DAN THAILAND Intan Monika; Dinda Keumala
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

High population growth is the reason people choose to live in vertical housing because land in big cities is increasingly limited and land prices are getting higher. The large number of foreign workers in Indonesia also adds to the density of housing in big cities. The problem formulation is the ownership similarity of flats and apartments for foreigners in Indonesia and Thailand, what are the differences in ownership of flats with ownership of apartments for foreigners in Indonesia and Thailand, what causes similarities and differences in ownership of flats with ownership of apartments for foreigners in Indonesia and Thailand. Normative juridical research method, descriptive research nature, conclusion drawing using deductive logic. The results of the research, discussion and conclusions, similarities: land ownership, both countries prohibit foreigners from owning land; The difference: the term mentioning the unit, Indonesia uses the unit of flats and Thailand uses the term of Apartment; quota limit of unit ownership, Thailand regulates foreigners may not own apartments more than 49% of the total units while Indonesia is not regulated. The cause of the similarities between the two countries is the increasing demand for residential needs for foreigners.

PEMBAGIAN HARTA WARISAN ALMARHUM MARABEN DAN MEIDA SM M PANGGABEAN MENURUT KUHPERDATA (STUDI PUTUSAN NOMOR 151/PDT.G/2020/PN JKT PST) Tantri Benaz Cindy Siregar; Dinda Keumala
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Regarding Decision Number 151/Pdt.G/2020/PN Jkt Pst where there was a dispute over the inheritance of the late Retired General Maraben and Meida SM M Panggabean, thus making the author to conduct further research with the formulation of the problem of how the distribution of the inheritance of the late Retired General Maraben and Meida SM M Panggabean to their heirs according to the Civil Code, and whether the contents of Decision Number 151/Pdt. G/2020/PN Jkt Pst regarding the division of the estate of the late Retired General Maraben and Meida SM M Panggabean is in accordance/not according to the Civil Code. The research was normative legal method, descriptive analytical, secondary data type, conducted qualitatively, deductive logic inference. The results of research, discussion and conclusions: the distribution of the estate of the late Retired General Maraben and Meida SM M Panggabean to their heirs according to the Civil Code, namely Duma (3/16) part, Musida (3/16) part, Tetty (3/16) part and Baringin (7/16) part and the contents of Court Decision Number 151/Pdt.G/2020/PN Jkt Pst regarding the distribution of the estate of the late Retired General Maraben and Meida SM M Panggabean to their heirs are not in accordance with the Civil Code.

PENGATURAN RESTRUKTURISASI PEMBIAYAAN DI BANK SYARIAH INDONESIA SELAMA MASA PANDEMI COVID-19 Mega Ayu Putri Lestari; Dinda Keumala
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

During the Covid-19 pandemic, one of the reliefs provided by the Government was restructuring. The restructuring instruction is regulated in the Financial Services Authority Regulation No. 11/POJK.03/2020 concerning National Economic Stimulus as Countercyclical Impact of the Spread of Coronavirus Disease 2019 as amended by POJK No. 48/POJK.03/2020 and last amended by POJK No. 17/POJK.03/2021. In this case, the Financial Services Authority Regulation is still very general in nature so that the Financial Services Authority instructs the bank to include several provisions in the Bank's Internal Guidelines. The formulation of the problem is how the suitability of restructuring arrangements and differences in restructuring arrangements based on the Financial Services Authority Regulation on National Economic Stimulus as Countercyclical Impact of the Spread of Coronavirus Disease 2019 with restructuring based on Bank Syariah Indonesia Internal Regulations. The research method is normative, descriptive in nature, secondary data supplemented by interviews, qualitative data analysis, and deductive logic. The results of the research, discussion and conclusions; Bank Syariah Indonesia's Internal regulations are in accordance with the Financial Services Authority Regulations with some additional special provisions that are generally regulated in the Financial Services Authority Regulations prevent massive customer defaults at the end the restructuring.

- Pelaksanaan Prinsip Kehati-hatian Bank Permata Dalam Pemberian Kredit Abdill Hannandi; Dinda Keumala
Reformasi Hukum Trisakti Vol. 5 No. 2 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.16271

As in the case of the judgement no. 435.Pid.Sus/2020/PT. DKI between Bank Permata and the company's debtor and the debtor's negligence in meeting his payment obligations, banks are required to apply the precautionary principle when conducting credit activities. The issue is whether Bank Permata adhered to the precautionary principle when providing credit to businesses that were debtors in the case of decision no. 435/Pid.Sus/2020/PT.DKI and whether the judge's considerations were compliant with banking law laws. The research is normative juridical in nature, descriptive, and involves data through literature review, qualitative analysis, and deductive conclusion. Research findings, and discussion; Bank Permata in providing credit approval to debtors does not fully use the precautionary principle such as inaccuracies in 5C analysis, does not verify documents and field checks. In the decision at the appeal level, banking regulations such as Bank Indonesia Regulation number 14/27/PBI/2012 concerning the Application of Anti-Money Laundering and Prevention of Terrorism Funding Programs for Commercial Banks are not considered by the judge at the High Court. The conclusion is that Bank Permata did not carry out a thorough 5C analysis and also did not verify documents, physical checks at the debtor's business location, and trade checking procedures for PT. MJPL.

TUMPANG TINDIH SERTIPIKAT DI KELURAHAN PEGADUNGAN, KOTA ADMINISTRASI JAKARTA BARAT: Overlapping Certificates in Pegadungan Village, West Jakarta Administrative City Desty Rachmawaty; Dinda Keumala
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19540

Overlapping certificates are the issuance of two or more certificates describing the same parcel of land. The formulation of the problem in this research is whether the issuance of Title Certificate Number 9567/Pegadungan in the name of Yahya H. Ahmad above Building Rights Title Certificate Number 15596/Pegadungan in the name of PT Cakradigdaya Lokaraya is valid according to the provisions of National Land Law. Normative juridical research type with analytical descriptive research nature and the type of data used is secondary data obtained from the literature study. Data analysis using qualitative method and deductive inference. Conclusion, based on the Certificate of Pegadungan Village Head, the girik used by Yahya H. Ahmad in the issuance of Title Certificate Number 9567/Pegadungan is not registered in Pegadungan Village, so the issuance of Title Certificate Number 9567/Pegadungan is not in accordance with the provisions of National Land Law, namely the Explanation of Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration.

KEABSAHAN KUITANSI SEBAGAI BUKTI JUAL BELI TANAH MENURUT HUKUM TANAH NASIONAL : Validity of Receipt As Proof of Land Sale According To the National Land Law Elvia Qonitah Maliha; Dinda Keumala
AMICUS CURIAE Vol. 1 No. 1 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i1.19600

According to the National Land Law, the act of buying and selling land must meet the characteristics of clear, cash-based, and genuine transactions. The issue addressed in this research is the validity of land transactions conducted with receipt evidence, as per the National Land Law and the District Court Decision Number 191/Pdt.G/2021/PN Smg, and how to register the transfer of rights when the seller's whereabouts are unknown, also related to the aforementioned court decision. This study adopts a normative research approach with descriptive analysis. Secondary data obtained from literature studies are utilized, complemented by primary data to support the arguments. The research employs a qualitative analysis method, and conclusions are drawn using the deductive approach. It should be noted that a land transaction conducted solely with a receipt as evidence, without a Sale and Purchase Deed executed before a Land Deed Making Official, cannot be deemed valid according to the National Land Law, as it fails to fulfill the clear transaction nature and the formal requirements of buying and selling.

PERBANDINGAN HAK PENGUASAAN ATAS TANAH ANTARA NEGARA INDONESIA DENGAN NEGARA KEPULAUAN SOLOMON Dhea Nadhifa Vrily Pontoh; Dinda Keumala
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13830

Comparative Law is the confrontation of comparable elements of two legal systems to find their differences and similarities. Land tenure rights in Indonesia and Solomon Islands. The formulation of the problem is; what are the similarities and differences between the Land Tenure Rights between the State of Indonesia and the Solomon Islands? and what are the factors causing differences in Land Tenure Rights between the State of Indonesia and the Solomon Islands? The method of legal research is normative and is descriptive-comparitive, secondary data which is analyzed qualitatively, and the conclusion is drawn using the deductive method. The results of this research, discussion and conclusion are, there are similarities in Indonesia and the Solomon Islands regarding land tenure rights, namely the meaning of land tenure rights, the existence of customary land tenure rights, individual rights to land in the form of property rights & perpetual estate, and arrangements for the subject of land rights holders. In addition to similarities, differences arise in the form of regulation of land tenure rights, the use of hierarchy in land tenure rights, systematics in land tenure rights in the form of state control rights with public (crown) land.

PENDAFTARAN PERALIHAN HAK ATAS TANAH KARENA JUAL BELI YANG DIBUAT DIBAWAH TANGAN (STUDI KASUS PUTUSAN NO. 116/PDT.G/2019/BKN) Rurrie Putri Mutiara Sari; Dinda Keumala
Reformasi Hukum Trisakti Vol 3 No 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i3.13841

The transfer of land rights in a sale and purchase must be carried out in front of an authorized official (PPAT) by making a Sale and Purchase Deed as evidence for the process of transferring land rights/title at the Land Office. The formulation of this research problem is how is the validity of the transfer of land rights due to the sale and purchase of land made under the hand? What must the buyer do to register the transfer of land rights made under the hand based on Decision No. 116/Pdt.G/2019/Bkn? Normative juridical research method. Secondary data collection technique. The nature of the research used is descriptive analytical. This research is analyzed qualitatively. The method of drawing conclusions with the deductive logic method. The results of research, discussion and conclusions, especially in the case of Decision No.116/Pdt.G/2019/Bkn Bangkinang that the sale and purchase of land under the hand is valid because it has fulfilled the material requirements in buying and selling, but has not fulfilled the formal requirements because the sale and purchase is carried out only with a letter under the hand, a Sale and Purchase Deed has not been made before a PPAT.

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