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INDONESIA
Jurnal Legal Reasoning
Published by Universitas Pancasila
ISSN : 26548747     EISSN : 26847108     DOI : https://doi.org/10.35814/jlr.v5i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Bidang hukum, baik bidang hukum perdata, hukum pidata, hukum tata negara, hukum administrasi negara, hukum adat, hukum internasional, hukum islam, atau bidang hukum lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1 No 1 (2018): Desember" : 5 Documents clear
Pembatalan Ratusan Sertifikat Hak Atas Tanah Oleh Kantor Wilayah Badan Pertanahan Nasional Jawa Barat Beny Hadinata Wangean
Jurnal Legal Reasoning Vol 1 No 1 (2018): Desember
Publisher : Fakultas Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/jlr.v1i1.33

Abstract

The increasing of the use of land could potentially cause legal problem to several parties. Even some of them have certificate proving the ownership of land, but such of certificate still able to become an object of annulment. There was a case of such annulment in Pengasinan Village, Depok City, through Administrative Court. That annulment then reflected the weakness of law in protecting certain person’s land, although he or she holds freehold title certificate. This study uses doctrinal research method. In this case study, there were hundreds of annulments of freehold certificates in Pengasinan Village, Depok City, through Administrative High Court of Jakarta’s Decision Number 296/B/2013/PT.TUN.JKT jo. Administrative Court of Bandung’s Decision Number 11/G/2013/PTUN-BDG as the result of the issuance of the Decree of Head of Agrarian Inspection Number 205.D/VIII/1964. The decree was issued to implement land reform program in Indonesia. Several factors could become the cause of such kind of legal problem in the land tenure context, among others, the inaccuracy from National Land Agency officer in issuance of certificates, the low-qualified judge’s decision in land dispute settlement, and also the characteristic of land dispute which is not only public, but also private.
Keabsahan Surat Kuasa Membebankan Hak Tanggungan Yang Dibuat Terhadap Agunan Yang Masih Terikat Hak Tanggungan Untuk Kreditor Lain Gilang Wisudha
Jurnal Legal Reasoning Vol 1 No 1 (2018): Desember
Publisher : Fakultas Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/jlr.v1i1.39

Abstract

In the practice of granting and taking over interbank credit facilities, it could be done through the binding of collateral in the form of mortgage right. That process starts with issuing the power of attorney to impose mortgage right upon an object of mortgage for the old creditor. The assumption arises that the owner of the collateral does not have authority to sign such power of attorney without the prior written consent from the old holder of mortgage right. Another assumption is that in the implementation of burdening mortgage right with the power of attorney to impose mortgage right upon an object of mortgage is not in accordance with the law or legal procedure. This study examines how is the validity of the power of attorney to impose mortgage right upon an object of mortgage which is still bound to the collateral of credit facility to other creditors, and what is the basis for notary or the land deed officer in making the power of attorney to impose mortgage right upon an object of mortgage which is still bound to the collateral of credit facility to other creditors. This study uses normative legal research method and based on secondary data. Information collected by interview to some law practitioners and experts would be used to support the secondary data. There are different opinions regarding the validity of the power of attorney to impose mortgage right upon an object of mortgage which is still bound to the collateral of credit facility to other creditors because, until now, there is no act or legal regulation that explicitly regulates the terms and procedures as the standard for such kind of power of attorney.
Pembuktian Sederhana Dalam Putusan Pailit (Studi Kasus Perkara Nomor 515 K/PDT.SUS/2016) Iwan Sidharta
Jurnal Legal Reasoning Vol 1 No 1 (2018): Desember
Publisher : Fakultas Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/jlr.v1i1.43

Abstract

The interpretation of simple proofing in bankruptcy petition hearings is often interpreted differently, both by the panel of judges and experts. Those different interpretations affect such kind of legal uncertainty and injustice for litigant parties. To exam simple proofing matter, this study uses normative legal research method. Based on this study could be known that simple proofing process in bankruptcy petition cases is often interpreted differently by the panel of judges, whereas Article 8 paragraph (4) of the Bankruptcy Act and the Postponement of Debt Payment Obligations are clear enough wants to reach legal certainty, justice, and expediency. In the case of Decision Number 515 K/PDT.SUS/2016, the judges argued that the simple evidentiary requirements as proposed by the debtor bankruptcy petitioner are not simple, even though the bankruptcy petitioner has proven and postulate that there are 2 or more corporate creditors and salary arrears for employees whose value reaches Rp 3 billion as a proof of condition as according to Article 2 paragraph (1) of the Bankruptcy Act. The judges believes that salary payable to employees could make the proofing requirements not simple, while the Bankruptcy Act clearly states that if the debtor has two or more creditors and does not pay in full at least one debt that has matured and can be billed, debtor could be declared bankrupt by court decision, either upon his own application or because of the request from one or more of his creditors.
Peran Lembaga Arbitrase Dalam Penyelesaian Sengketa Bisnis Internasional: Tinjauan Dari Perspektif Teori Sistem Hukum Kikin Nopiandri
Jurnal Legal Reasoning Vol 1 No 1 (2018): Desember
Publisher : Fakultas Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/jlr.v1i1.46

Abstract

Business activity becomes more complex whether its subjects, objects, or its model of transactions. That complexity then could cause the dispute between subjects in such business activity, furthermore when the subjects come from different law system background. Such condition need to be responded, and arbitration could become one of the suit mechanism to settle the dispute in business activity relationship. In Indonesia, regarding to arbitration mechanism, the Indonesian National Arbitration Board (BANI) had already been established under the Act Number 30 Year 1999 on Arbitration and Alternative Dispute Resolution. This study focuses on how arbitration institution plays its role in international transaction dispute settlement. This study uses normative legal research method, and based on secondary data. As a legal structure, arbitration, when it plays its role as a body of mechanism in dispute settlement, it could give advantage to make dispute settlement easier or simpler rather than process of law through court mechanism. That is because the arbitration, such as BANI, implements the simple organizational structure principle, in which an organization has to become lean structure relatively, but still has many functions. Furthermore, both of arbitration institution and business entity have similarity in culture regarding to the spirit of work. When doing something, both of them tend to do it efficiently and effectively wheather from time or cost aspect.
Sertifikat Ganda Pada Proyek Pembangunan Rumah Susun Septivany Christa Perdana
Jurnal Legal Reasoning Vol 1 No 1 (2018): Desember
Publisher : Fakultas Hukum Universitas Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35814/jlr.v1i1.47

Abstract

The aim of the land registration is to ensure the legal certainty for land tenure within Indonesia territory. Besides that, land registration is conducted to prevent the land tenure dispute. The land registration process results the land certificate proving the land tenure for specified person or party. In practice, the legal certainty matter would deal with several obstacles, among others, the double land certificates problem. This study examines the double land certificates problem in Kedung Waringin Village, Bojonggede District, Bogor City. This study shows several factors causing the double land certificates problem, among others, the internal weakness inside National Land Agency Bogor Branch Office, and to overcome such problem, it has conducted alternative dispute resolution effort, namely negotiation, mediation, and facilitation.

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