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Tony Tony
Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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Pembatalan Akta Jual Beli Tanah Atas Dasar Perbuatan Melawan Hukum Berdasarkan Putusan Pengadilan (Studi Kasus Putusan Pengadilan Tinggi Denpasar Nomor 63/PDT/2020/PT.DPS) Bintang Marito; Tony Tony; Agustining Agustining; Marianne Magda Ketaren
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.266

Abstract

This research uses a normative juridical approach method, with the data used is secondary data, namely data that supports information or supports the completeness of Primary Data obtained from libraries and the author's personal library collection carried out by means of library or literature studies. Data analysis used normative analysis, that is, the collected data is expressed in the form of a logical and systematic description, then analyzed to obtain clarity in solving the problem, then conclusions are drawn deductively, namely from general matters to specific matters. Based on the results of the research, it can be seen that the validity of the Deed of Sale and Purchase Number 619/2012 is considered to be legally flawed in subjective terms because of fraud or engineering fraud, mistakes, lies or deception is related to to whom the sale and purchase transaction of the disputed object should be carried out. The result is that the transfer of the Certificate of Ownership Number 2636/Sukawati Village is declared invalid and does not have binding legal force, so in this case the Plaintiffs are still the legal owners of the disputed object.
Perbuatan Hukum Kurator Dalam Melakukan Penjualan Tanah Dan Rumah Atas Dasar PPJB Dan Menjadi Objek Pailit (Studi Putusan Mahkamah Agung No 436/Pdt.Sus-Pailit/2019) Liwarny Sagala; Sunarmi Sunarmi; Mahmul Siregar; Tony Tony
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.322

Abstract

In 2009 PT. Sarwo Indah sold one of the housing units in Merapi Regency with Lie Anita (hereinafter referred to as LA). In the process of settling the bankruptcy assets of PT. Sarwo Indah experienced legal problems which later became the focus of this research. As in the Determination of the Supervisory Judge in case Number: 02/Pailit/2011/PN. Commerce. Smg, dated 13 June 2014, one of the contents was the determination of the Curator appointed by PT. Sarwo Indah (in bankruptcy) on behalf of Nasrullah Nawawi. The type of research in this research is normative juridical. This type of research was used because the researcher wanted to examine something related to the curator's legal actions in selling land and houses on the basis of PPJB and becoming the object of bankruptcy. As long as the house certificate that is the object of the PPJB agreement is still in the name of the bankruptcy debtor, the house becomes a bankruptcy debtor. This is based on Article 21 of the K-PKPU Law which explains that bankruptcy covers all of the debtor's assets at the time the decision to declare bankruptcy is pronounced. Application of the Law of the Panel of Judges in Supreme Court Decision No. 436 K/Pdt.Sus-Pailit/2019 is appropriate considering the juridical aspect, namely referring to the applicable law, namely assessing the relationship between the function of the curator and the settlement of the bankruptcy estate's assets so that there is no obligation for the Curator to continue the agreement between the Buyer and Seller (in bankruptcy)
Co-Authors Agustining Agustining Bintang Marito Liwarny Sagala MAHMUL SIREGAR Marianne Magda Ketaren Sunarmi, Sunarmi