{"title":"Juridical Study of Falsification of Power of Sale Deed Made by A Notary Public Official in The Sale and Purchase Without The Consent of The Certificate Owner","authors":"Wita Anugrah Gemilang, Mella Ismelina Farma Rahayu","doi":"10.38035/jlph.v4i4.510","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.510","url":null,"abstract":"Forging a power of attorney deed has serious consequences, including: Legitimate property owners can lose their valuable assets without receiving compensation. It can also cause major financial losses to well-intentioned buyers. A power of attorney deed is a legal document that authorizes someone to sell property on behalf of the legal owner, and is usually made by a notary. Forgery of these documents can occur in various ways, such as forging signatures, using fake identities, collaborating with other parties to manipulate data, or involving corrupt notaries. Forgery of power of attorney deeds has serious impacts, both in the legal and economic realms. In the legal realm, legal owners can lose rights to their property without their knowledge, and the legal process for restoring rights is lengthy and complicated. To prevent forgery of power of attorney deeds to sell, several steps can be taken, including: Notaries must carry out strict verification of the identities and supporting documents of the parties involved in the transaction, including the use of biometric technology and digital verification systems. Increase training and awareness for notaries and their staff regarding document forgery techniques and how to detect them. Development of an integrated information system that allows notaries to check the validity of land certificates and related documents in real-time.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"4 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141337121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Principles of Legal Certainty for Land Rights After Natural Disaster in Indonesia","authors":"Andriana Rachmah, Amad Sudiro","doi":"10.38035/jlph.v4i4.507","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.507","url":null,"abstract":"This paper explores the principles of legal certainty for community land rights in the subsequent to the occurrence of catastrophic natural events in Indonesia, it probes into the intricacies of land ownership and the challenges faced by communities when their lands are devastated by natural calamities. The research scrutinizes the jurisprudential structure of Indonesia, its efficacy, and the lacunae present in the protection of property rights amidst such calamities. It additionally deliberates on the functions of governmental and non-governmental entities, and international bodies in ensuring legal certainty for affected communities. The paper concludes with recommendations for policy changes and legal reforms to augment the safeguarding of communal property rights in the advent of catastrophic natural events. This research contributes to the discourse on land rights and legal certainty, providing valuable insights for policymakers, legal practitioners, and disaster management agencies.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141336561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Muhammad Ilham Rangga Pamungkas, Gunawan Djajaputra
{"title":"Increasing Public Legal Awareness of Land Certificate Ownership","authors":"Muhammad Ilham Rangga Pamungkas, Gunawan Djajaputra","doi":"10.38035/jlph.v4i4.512","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.512","url":null,"abstract":"A land certificate is considered a legal land identity, providing authentic, inviolable proof of land control by the community. This certificate is an important piece of evidence in the legal realm, in accordance with the provisions stipulated in government regulations. The findings show that land certificates have high legal force, allowing them to be used in various financial transactions such as loans and credit. However, in Nagari Pasia Laweh, there are several factors that hinder the ownership of land certificates, including a lack of public understanding of the importance of land certificates and uncertainty regarding land ownership or transfer of ownership. Efforts are needed to increase civic knowledge and public legal awareness regarding ownership of land certificates. One of the efforts made is through outreach and the Complete Systematic Land Registration (PTSL) program. PTSL is a program that aims to provide legal certainty over land to the community at affordable costs, as well as to prevent land disputes and conflicts. Through socialization and the PTSL program, it is hoped that the community can increase awareness of the importance of owning land certificates as proof of land rights and maintaining the stability of land administration.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"79 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141338167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Protection for Good Faith Buyers in Land Sale and Purchase Transactions (Study of Decision Number 3915 K/Pdt/2022)","authors":"Irene Irene, Tjempaka Tjempaka","doi":"10.38035/jlph.v4i4.511","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.511","url":null,"abstract":"Land is an essential need for humans. Because it is used to fulfill basic human needs such as shelter and food production. Land is used to meet human needs. Soil is an important part of human life. What needs to be understood is that land is a place to live, as a means of residence and humans obtain land by managing and utilizing land as much as possible. In the utilization and acquisition of land, of course there is government involvement and authority. In writing this thesis, the author raised a dispute case originating from the Supreme Court Court Decision Case Number 3915 K/Pdt/2022. Initially, the Plaintiff (PT Grow Selamat Makmur) and the Defendant (PT Surya Cipta Khatulistiwa) were involved in a sale and purchase agreement for 24 plots of land in Bogor Regency through Deed No.05 dated 16 July 2018. These lands had title certificates, including Title Certificates. Building Use and Use Rights Certificates, with details of 15 Building Use Rights Certificates and 9 Use Rights Certificates. In this agreement, it was agreed that the land price would be Rp. 550,000/m2, as well as payment procedures which reach a total of Rp. 119,560,000,000, although the land area has not been re-measured by the local Land Agency, the Buyer (Plaintiff) has paid the price according to the agreement. Based on the problems studied, the type of research is normative legal research, where law is conceptualized as what is written in statutory regulations (law in books) or law is conceptualized as rules or norms which are benchmarks for human behavior that is considered appropriate. Normative legal research refers to legal norms contained in regulations or laws related to Supreme Court Decision No. 3915 K/Pdt/2022.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"3 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141336984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Certainty For Holders of Land Rights Over The Issuance of Multiple Certificates","authors":"Rizal Iskandar Soewito, Gunawan Djajaputra","doi":"10.38035/jlph.v4i4.513","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.513","url":null,"abstract":"One of the fundamental principles of the rule of law is the guarantee of legal certainty and legal protection of the rights of citizens. Laws and regulations in Indonesia, including the 1945 Constitution and Government Regulations, emphasize the state's interest in regulating the use and utilization of natural resources, including land, for the public interest and prosperity of the people. However, land is often a source of complex disputes because of its limited quantity and importance for human life. Land registration or land registration is an important step in providing legal certainty regarding land ownership. Through regulations, the government determines procedures and procedures for carrying out land registration, including collecting physical and juridical data and issuing land title certificates. However, there are still challenges and obstacles in implementing land registration, including the issuance of multiple certificates. Internal and external factors such as maladministration, lack of public knowledge, and the high rate of development can cause the issuance of double certificates. Legal protection is needed to ensure legal certainty for owners of land rights, including in resolving multiple certificates through a fair and just legal process. Regulations regarding land registration and land rights certificates also provide a time limit for parties who feel they have rights to land to submit objections, thus providing legal certainty for land rights holders. Land certificates play a dual role as a State Administrative Decree (KTUN) and proof of civil rights to land, so that the resolution of disputes regarding land certificates can be carried out through two different judicial channels.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"4 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141336634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Juridical Study of Problematic Overlapping Land Ownership Status in Indonesia","authors":"Raihan Pahrazi, Mella Ismelina Farma Rahayu","doi":"10.38035/jlph.v4i4.508","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.508","url":null,"abstract":"Land rights, including cultivation rights, are an important aspect of a country's economic and social development. However, the complexity in implementing land rights is often a source of problems, especially related to overlapping land ownership and use status. Cultivation rights are a form of land right that has a primary nature. This means that this right gives permission to the holder to use the land in accordance with the specified purposes. The process of land registration and issuance of certificates by the National Land Agency (BPN) should provide clarity regarding ownership of land rights. However, in practice, there are still overlapping land ownership statuses which give rise to various problems. This problem involves land registration policies which are not yet fully capable of providing legal certainty for certificate holders. A land registration system that uses a negative approach, where land certificates are not an absolute means of proof, complicates the process of resolving land disputes. The impact is felt on people's lives, where land certificates become proof of ownership that has economic value. Concrete steps are needed to ensure clear land ownership and no overlap. This includes improving the land registration system, increasing coordination between relevant institutions, as well as outreach to the public about the importance of having a valid land certificate. The problem of overlapping land ownership is a serious challenge that needs to be addressed immediately. With cooperation between stakeholders and concrete steps, it is hoped that legal certainty in land ownership can be created, which will ultimately support sustainable development and community welfare.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"86 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141337955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Consequences of an Unregistered Marriage Agreement From a Marriage Agreement Deed Canceled by The Supreme Court (Case Study of Marriage in The Decision of The Supreme Court Number 598/PK/PDT/2016)","authors":"Widya Anggayesti Handayani, Gunawan Djajaputra","doi":"10.38035/jlph.v4i4.509","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.509","url":null,"abstract":"In Indonesia, a marriage agreement is regulated in Article 119 of the Civil Code and Article 29 of Law Number 1 Year 1974 concerning marriage. The marriage agreement is made by a notary as an authorized party and legalized by the marriage registrar. However, there are often problems related to marriage agreements, especially when they are not recorded by the marriage registrar. Meanwhile, the recording of a marriage agreement has an important urgency for each party, which provides justice, certainty, and legal benefits. The non-recording of a marriage agreement by a marriage registration officer will have legal consequences, one of which is the potential for legal problems that lead to disputes over joint property after divorce. This research analyzes how the importance of recording a marriage agreement and its legal consequences through Supreme Court Decision Number 598 PK/Pdt/2016 with a normative juridical approach. The results show that the marriage agreement can still be canceled because it does not meet the formal requirements of the provisions of Article 29 paragraph (1) of the Marriage Law, namely the element of being legalized by a marriage registration officer. The legal effect is that the assets obtained during the marriage must be separated and divided equally.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"25 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141335968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Protection For Bus Passenger Consumers (Case Study of Bus Accidents in Guci, Tegal)","authors":"Thoriq Umam Farisy, Andriyanto Adhi Nugroho","doi":"10.38035/jlph.v4i4.452","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.452","url":null,"abstract":"Public transportation, particularly buses, plays a vital role in community mobilization due to their flexibility and accessibility. While public transportation offers many benefits, its operation isn't always flawless, as evidenced by the continued occurrence of public transportation accidents, especially involving buses. This research aims to investigate the legal protection available to consumers who experience bus accidents and determine the responsibility of bus business operators towards accident victims in Guci, Tegal. The research employs a normative legal method (normative juridical) supplemented with interviews. The approach utilizes both a statutory approach and a case approach. The form of legal protection in the event of a bus accident has been regulated in the UUPK and UULLAJ. In this case, the PO Mitra Duta Sejati has not fulfilled its full responsibility because there is still one of the victims whose rights have not been fulfilled, namely the right to receive road maintenance when injured as a result of the accident and compensation to the families of the victims who died, this is contrary to paragraph 235 (1) and (2) UULLAJ. Therefore, the victim's family has the right to receive compensation from the PO Mitra Duta Sejati. The amount of compensation can be obtained from a court decision or amicably by way of agreement between both parties, this provision is based on article 236 paragraphs (1) and (2) UULLAJ. With this research, it is hoped that if passengers experience a bus accident, they will be able to know the form of legal protection and the form of responsibility of business actors.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"8 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141383395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Validity of Authentic Deeds Based on Cyber Notary According to Law Number 2 of 2014 Concerning The Position of A Notary","authors":"Tiara Novita Aisyah Putri, Sinta Annisa Qotrunnada, Habibah Fatihatur Rizqo, Hais Subaga Athazada Athazada, Miqdad Nidhom Fahmi","doi":"10.38035/jlph.v4i4.409","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.409","url":null,"abstract":"The development of information technology has had a significant impact on the field of notarial law, giving rise to the concept of cyber notary as a response to electronic transactions. Law Number 2 of 2014 concerning the Position of Notaries (UUJN) regulates the authority of notaries in dealing with electronic transactions. Notaries have the authority to certify electronic transactions, as regulated in Article 15 paragraph (3) UUJN. However, the legal validity of authentic deeds based on cyber notary is the subject of a complex debate. The research method used is through a normative juridical approach using a statutory approach and literature study. This article analyzes various aspects related to forced takeovers of companies. The research results show that first, the notary's authority to certify electronic transactions allows the adoption of information technology to ensure legal certainty. Notaries can use cyber notary technology to carry out their duties efficiently and responsive to current developments, providing legal certainty in electronic transactions. Second, the validity of the deed made through a cyber notary must meet the authenticity standards regulated by law. Even though technology enables efficiency, the physical presence of a notary in the deed reading process is still important to ensure the validity and correctness of the contents of the deed. The use of a cyber notary in making Partij Deeds becomes more complicated because the process depends on the notary's ability to accurately record the wishes of the parties. Therefore, notary adaptation to advances in information technology requires adjustments to clear rules and guidelines. There needs to be further clarification in the UUJN to regulate the use of cyber notaries in the context of making deeds by notaries to accommodate technical and legal challenges in the current digital era. In this way, legal certainty in electronic transactions can be guaranteed by legal standards recognized by law.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"120 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
I. Putu, Gede Bisma Januartha, I. Made, Minggu Widyantara
{"title":"Consumer Protection Against The Rampant Circulation of Cosmetics Without Bpom Permission In The Practice of Buying and Selling In E-Commerce","authors":"I. Putu, Gede Bisma Januartha, I. Made, Minggu Widyantara","doi":"10.38035/jlph.v4i4.408","DOIUrl":"https://doi.org/10.38035/jlph.v4i4.408","url":null,"abstract":"The aim of this research is to determine the legal protection sought for consumers purchasing cosmetics against the widespread distribution of cosmetics without BPOM permission in e-commerce. The method used in this research is a normative legal research method with a statutory regulatory approach. The research results show that consumers who experience losses due to purchasing fake beauty products have legal protection as regulated in Law no. 8 of 1999 concerning Consumer Protection (UUPK). Regarding legal protection for consumers who experience losses due to the use of cosmetics, producers are obliged to provide compensation (restitution) to consumers in accordance with the provisions in Article 19 paragraphs (1) and (2) UUPK. Regarding the role of the Food and Drug Supervisory Agency (BPOM) in monitoring illegal cosmetics, BPOM has carried out supervision through an online site, namely cyber patrol. Apart from that, to ensure the authenticity of cosmetic products, you can check them online using an application or by scanning a barcode. This process involves checking the product name, dosage form, registrant name, and registration number.","PeriodicalId":397335,"journal":{"name":"Journal of Law, Politic and Humanities","volume":"73 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141387293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}