法院判决取代土地买卖契据的协议及转让权

Kholida Nabila, M. S. Pulungan, Isyana Wisnuwardhani Sadjarwo
{"title":"法院判决取代土地买卖契据的协议及转让权","authors":"Kholida Nabila, M. S. Pulungan, Isyana Wisnuwardhani Sadjarwo","doi":"10.33096/substantivejustice.v4i2.156","DOIUrl":null,"url":null,"abstract":"Deed of Recognition of Debt is a deed that is generally made by the notary public, followed by binding guarantees that are attached (accessoir) the main agreement. In practice, the Deed of Recognition of Debt can be transferred to another party who is willing to buy it, so that The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is notarized made. The last party who has the cessie rights sometimes does not get his rights because the debtor is no longer known to exist. That is why the party who has the cessie rights claims it to District Court so that it can be determined as the owner of the object of collateral. This case happened at the North Jakarta District Court No. 123/Pdt.G/2018/PN. JKT.UTR where the Panel of Judges decided that the Court's Decision could be a substitute of the land deed sell and purchase based on the sale and purchase agreement of rights to cessie and agreements of transfer of rights to cessie. This court decision is certainly a new legal breakthrough, especially in the notarial and land affairs fields. This type of research is normative with qualitative data analysis, and concluding deductive means. Based on the author's analysis, The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is valid is authentic deeds that are valid and in accordance with applicable law. The public notaries also run their authority properly, so that the deeds have fulfilled the external, formal, and material aspects. Land deed officer who will make the deed on Land Certificate Number. 5217/Bojongnangka has been protected by law because the Land deed officer is obliged to obey the Decision of the Panel of Judges as the competent general authority, and the land deed officer only run his authority after the Land Office of Tangerang Regency has processed the owner's name change of initials TN to SS.","PeriodicalId":239399,"journal":{"name":"Substantive Justice International Journal of Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Court Decision to Replace the Deed of Sale and Purchase of Land in the Agreement and Switch of Cessie Rights\",\"authors\":\"Kholida Nabila, M. S. Pulungan, Isyana Wisnuwardhani Sadjarwo\",\"doi\":\"10.33096/substantivejustice.v4i2.156\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Deed of Recognition of Debt is a deed that is generally made by the notary public, followed by binding guarantees that are attached (accessoir) the main agreement. In practice, the Deed of Recognition of Debt can be transferred to another party who is willing to buy it, so that The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is notarized made. The last party who has the cessie rights sometimes does not get his rights because the debtor is no longer known to exist. That is why the party who has the cessie rights claims it to District Court so that it can be determined as the owner of the object of collateral. This case happened at the North Jakarta District Court No. 123/Pdt.G/2018/PN. JKT.UTR where the Panel of Judges decided that the Court's Decision could be a substitute of the land deed sell and purchase based on the sale and purchase agreement of rights to cessie and agreements of transfer of rights to cessie. This court decision is certainly a new legal breakthrough, especially in the notarial and land affairs fields. This type of research is normative with qualitative data analysis, and concluding deductive means. Based on the author's analysis, The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is valid is authentic deeds that are valid and in accordance with applicable law. The public notaries also run their authority properly, so that the deeds have fulfilled the external, formal, and material aspects. Land deed officer who will make the deed on Land Certificate Number. 5217/Bojongnangka has been protected by law because the Land deed officer is obliged to obey the Decision of the Panel of Judges as the competent general authority, and the land deed officer only run his authority after the Land Office of Tangerang Regency has processed the owner's name change of initials TN to SS.\",\"PeriodicalId\":239399,\"journal\":{\"name\":\"Substantive Justice International Journal of Law\",\"volume\":\"20 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-12-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Substantive Justice International Journal of Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.33096/substantivejustice.v4i2.156\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Substantive Justice International Journal of Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33096/substantivejustice.v4i2.156","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

债务承认契约是一种契约,通常由公证人作出,随后附有有约束力的担保,附属于主要协议。在实践中,债务确认契据可以转让给愿意购买的另一方,这样就可以对《茜茜权利买卖协议》和《茜茜权利转让协议》进行公证。最后享有债权的一方有时因为债务人已不存在而得不到他的权利。因此,有抵押权的一方向地方法院提出要求,以确定其为抵押物的所有人。该案件发生在雅加达北部地区法院第123/Pdt.G/2018/PN号。JKT。在此案件中,法官小组决定,法院的裁决可以替代基于土地所有权买卖协议和土地所有权转让协议的土地买卖契约。这一判决无疑是一个新的法律突破,特别是在公证和土地事务领域。这种类型的研究是规范性的,采用定性数据分析,并总结演绎手段。根据笔者的分析,《茜茜权利买卖协议》和《茜茜权利转让协议》是有效的、符合适用法律的真实契约。公证员也正确行使职权,使契约履行了外在、形式和物质三个方面。在5217号Bojongnangka土地证号上制作契约的地契官作为主管机关必须服从裁判团的判决,而且只有在Tangerang郡土地厅将业主姓名的首字母TN改为SS后,地契官才能行使权力,因此受到法律的保护。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Court Decision to Replace the Deed of Sale and Purchase of Land in the Agreement and Switch of Cessie Rights
Deed of Recognition of Debt is a deed that is generally made by the notary public, followed by binding guarantees that are attached (accessoir) the main agreement. In practice, the Deed of Recognition of Debt can be transferred to another party who is willing to buy it, so that The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is notarized made. The last party who has the cessie rights sometimes does not get his rights because the debtor is no longer known to exist. That is why the party who has the cessie rights claims it to District Court so that it can be determined as the owner of the object of collateral. This case happened at the North Jakarta District Court No. 123/Pdt.G/2018/PN. JKT.UTR where the Panel of Judges decided that the Court's Decision could be a substitute of the land deed sell and purchase based on the sale and purchase agreement of rights to cessie and agreements of transfer of rights to cessie. This court decision is certainly a new legal breakthrough, especially in the notarial and land affairs fields. This type of research is normative with qualitative data analysis, and concluding deductive means. Based on the author's analysis, The Sale and Purchase Agreement of Rights to Cessie and Agreements of Transfer of Rights to Cessie is valid is authentic deeds that are valid and in accordance with applicable law. The public notaries also run their authority properly, so that the deeds have fulfilled the external, formal, and material aspects. Land deed officer who will make the deed on Land Certificate Number. 5217/Bojongnangka has been protected by law because the Land deed officer is obliged to obey the Decision of the Panel of Judges as the competent general authority, and the land deed officer only run his authority after the Land Office of Tangerang Regency has processed the owner's name change of initials TN to SS.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
0.10
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信