ArticlePDF Available

Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles

Authors:

Abstract

The sale and purchase of land-based on customary law in daily practice is still practiced by some people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and terang" which means that the handover of rights by the seller is carried out simultaneously with payment by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach as a problem approach method. The results showed that the use of "tunai and terang" in the formation of sale and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as the basis for the National Land Law. The existence of cash and light principles is expected to provide legal protection for sellers and buyers.
Comparative Study of Post-Marriage Nationality Of Women in Legal Systems of Different Countries
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
706
International Journal of Multicultural
and Multireligious Understanding
http://ijmmu.com
editor@ijmmu.com
ISSN 2364-5369
Volume 7, Issue 8
September, 2020
Pages: 706-712
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of
Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles
Pringgo Soebowo1; Endang Prasetyawati2; Moch. Isnaeni3
1 Doctoral Degree Student of Law of 17 Agustus 1945 University Surabaya, Indonesia
2 Lecturer of Law Faculty of 17 Agustus 1945 University Surabaya, Indonesia
3 Lecturer of Law Faculty of Airlangga University and 17 Agustus 1945 University Surabaya, Indonesia
http://dx.doi.org/10.18415/ijmmu.v7i8.1999
Abstract
The sale and purchase of land-based on customary law in daily practice is still practiced by some
people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and
terang" which means that the handover of rights by the seller is carried out simultaneously with payment
by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the
use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research
method used is normative legal research with a statutory approach and a conceptual approach as a
problem approach method. The results showed that the use of "tunai and terang" in the formation of sale
and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as
the basis for the National Land Law. The existence of cash and light principles is expected to provide
legal protection for sellers and buyers.
Keywords: Land; Sale and Purchase; Legal Construction
Introduction
The main principle of Act no. 5 of 1960 regarding basic agrarian law (UUPA) based on the land
law that applies in Indonesia is based on customary law. The legal concept in terms of buying and selling
has different applications, for instance customary law adheres to the principle of "terang and tunai".
Terang means that the legal act of buying and selling is carried out in the presence of a traditional leader
who handles land issues or customary elders. Meanwhile, tunai is the transfer of rights from the seller to
the buyer directly at the time of payment from the buyer to the seller. It is considered different from the
western concept of buying and selling land. The different implementation of buying and selling land have
occurred in the community in ancient times.
The customary law does not contain written law, so land transfer is carried out by adopting the
concept of customary law in various ways through a land deed official (PPAT) or in a sale and purchase
International Journal of Multicultural and Multireligious Understanding (IJMMU)
Vol. 7, No. 8, September 2020
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
707
agreement on a stamped paper seal or only in the form of a receipt.
Based on regulations, it is necessary
to further examine national land laws which adopt customary law. The problem of this case is the problem
of emptiness related to the principle of " terang and tunai ". It is associated with juridical control which
underlies a right protected by law and given the authority to the right holder to physically control the land
over the land they own. The juridical control even though it gives the authority to control the land
physically. However, in reality there are land tenure rights, sometimes between physical and juridical
differ between the owners of the land.
Sociologically, it is associated with other laws related to this process, namely customary law, in
this case the principles or principles adopted in buying and selling according to customary law, namely
cash, real and clear. In the case of an agreement that has met the conditions of cash, real and clear but in
practice it is stated in a sale and purchase agreement with an authentic deed, is this acceptable in the land
law, because both are contradictory matters.
Methods
The present study uses normative legal research methods to find solutions to existing legal
problems.
The research approaches used are the statute approach and the conceptual approach.
Discussion
In general, it can be said that humans are always involved in association with each other, so that
there is a relationship between humans which is also called the relationship between individuals. The
relationship between individuals will lead to a relationship that can be normal and legal. A relationship is
called a legal relationship if the relationship between two people or two parties is regulated by law. That
is the relationship between fellow humans which is regulated by law whose consequences caused by the
association are protected by law.
Buying and selling land based on customary law in daily practice is still practiced by some people
in Indonesia. Especially people whose economic condition is weak and their education level is still low. It
is due to the influence of customary law which determines that the sale and purchase of land rights is
legal if the "terang dan tunai" conditions are met.
In the customary law, there is a system used with regard to the sale and purchase of land rights. It
is known as "jual lepas", which is clear and cash. It means that the transfer of land rights from the seller
to the buyer must be carried out in the presence of the customary head or village head, as well as it is
carried out simultaneously with the payment of the price (considered in full even though in fact it is only
a down payment from the buyer to the seller).
Regarding the sale and purchase of land rights according to customary law, Budi Harsono says
that in the customary law "buying and selling land" is not a legal act which is what is called an
"obligatory agreement". Buying and selling land in customary law is an act of transferring rights with
cash payments. It means that the price agreed upon is paid in full at the time of the sale and purchase
Hatta Isnaini and Hendry Dwicahyo Wanda, ‘Prinsip Kehati-Hatian Pejabat Pembuat Akta Tanah Dalam Peralihan Tanah Yang
Belum Bersertifikat’, Jurnal Hukum IUS QUIA IUSTUM, 24.3 (2017), 46787 <https://doi.org/10.20885/iustum.vol24.iss3.art7>.
H Isnaini and W Utomo, ‘The Existence of the Notary and Notarial Deeds within Private Procedural Law in the Industrial
Revolution Era 4.0’, International Journal of Innovation, Creativity and Change, 2019
<http://www.scopus.com/inward/record.url?eid=2-s2.0-85079637568&partnerID=MN8TOARS>.
Mas Rachmat Hidayat, Krisnadi Nasution, and Sri Setyadji, ‘Kekuatan Hukum Pengikat Hak Tanggungan Atas Jaminan
Kredit’, Jurnal Akrab Juara, 2020 <https://doi.org/10.11693/hyhz20181000233>.
International Journal of Multicultural and Multireligious Understanding (IJMMU)
Vol. 7, No. 8, September 2020
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
708
concerned.
In customary law, there is no definition of juridical surrender as the fulfillment of the seller's
legal obligations, because precisely what is called a "sale and purchase of land" is the transfer of rights
over land that is sold to the buyer who at the same time pays in full to the seller a mutually agreed price.
So the sale and purchase of land according to the meaning of customary law includes the regulation of
land. As evidence of the sale and purchase as well as the completion of the transfer of rights, a land
sale and purchase letter is drawn up which is signed by the seller and the buyer witnessed by the head of
customs / village head and the village secretary. They guarantee the truth about the status of the land, its
rights holders, and the legality that it has been implemented in accordance with applicable law and also as
representatives of the villagers. However, the participation of the customary head / village head and
village secretary is not an absolute requirement for the validity of the transaction.
Customary law does not recognize the terms and conditions of the validity of an agreement as
regulated in the civil code. Basically, customary law recognizes that every act that results in a change in
legal position (recht potitie) of a matter will only get legal protection if the legal act is valid, where the
legal act is carried out in clear and cash. According to customary law, validating the sale and purchase of
land rights that are not carried out to land deed official, but the buyer / final rights holder will obviously
have difficulty proving their rights to the land they have purchased even though the land title is certified,
without a sale and purchase certificate from land deed official. Without a Land deed official deed, it will
be difficult for the buyer to register their land rights with the authorized land office.
According to the provisions in the national land law / positive law, the sale and purchase of land
is a formal agreement. It means an agreement which is required to be valid and must be fulfilled in a
certain form. It requires that the sale and purchase of the land be made by a land deed official and only the
sale and purchase of land / land rights with a sale and purchase deed by the land deed official which can
be used as the basis for registration at the land office in the land registration section.
The definition of the sale and purchase of land according to customary law is the legal act of
handing over land permanently with the seller receiving payment, namely the purchase price.
In the
community, the customary law of buying and selling land is implemented in a clear and cash manner.
Clear means that the legal act of buying and selling is actually carried out in front of the customary head
or village head or now in the presence of the authorized land deed official. Cash means that there are two
actions that are carried out simultaneously, namely the transfer of rights over land which is the object of
sale and purchase from the seller to the buyer and the payment of the price from the buyer to the seller
occurs simultaneously.
Thus, according to the customary law which is the basis of the current national land law as
contained in the basic agrarian law (UUPA), the transfer of rights to land which is the object of sale and
purchase has occurred since the signing of the sale and purchase deed in front of the authorized land deed
official and the buyer pay the seller. Transfer of rights over land which becomes the object of sale and
purchase means the transfer of control both juridically and physically at the same time. Thus, the cash
requirements have been fulfilled.
Hari Wibisono, H. Moch. Isnaeni, and Endang Prasetyawati, ‘Authorization Entities (Legal Guarantee Review)’, International
Journal of Multicultural and Multireligious Understanding, 2019 <https://doi.org/10.18415/ijmmu.v6i6.1210>.
Agung Sakti Pribadi, Made Warka, and Slamet Suhartono, ‘Laws of Authority and Uncertain Law On the Beach Reclamation
Activities in The Gulf Coast of Jakarta’, International Journal of Scientific and Research Publications (IJSRP), 2019
<https://doi.org/10.29322/ijsrp.9.12.2019.p9654>.
Hatta Isnaini Wahyu Utomo Hatta, ‘Perlindungan Hukum Bagi Kreditur Atas Obyek Jaminan Berupa Bangunan Tanpa Tanah
Dalam Perspektif Asas Pemisahan Horizontal’, Jurnal Selat, 7.1 (2020), 5064 <https://doi.org/10.31629/selat.v7i1.1521>.
R.D. Soepomo, Hukum Perdata Adat Jawa Barat, cetakan 2, Jakarta: Penerbit Djambatan, 1982, h.126.
International Journal of Multicultural and Multireligious Understanding (IJMMU)
Vol. 7, No. 8, September 2020
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
709
Sales and purchases made in front of the land deed official meet the “clear” requirements (not
“dark” legal acts, which are carried out secretly). The deed signed by the parties clearly shows that the
legal act of buying and selling was carried out. Thus, the three characteristics of buying and selling,
namely cash, clear and real, are fulfilled. It proves that the legal act has actually been committed by the
parties.
The procedure of the sale and purchase of land according to the positive law is actually the same
as the procedure of the sale and purchase of land which is valid according to customary law which is
known as "sell off" and "clear" in its character. According to the national land law / positive law, the sale
and purchase of land is the transfer of land rights in perpetuity, which in the customary law is called "sell
off" and is "cash" in its character. It means that if there is a sale and purchase, at the same time there is a
transfer of land rights and payment of a full price, so that the relationship between the old owner and the
land has been permanently cut off.
The transfer of rights means the transfer of control both juridically
and physically. However, the transfer of rights is sometimes only juridical because physically the land is
still under the control of another person (for example because of a lease relationship that has not expired),
so that physical handover will follow.
The procedure for the sale and purchase of land that has been registered (certified) begins with
meeting the parties, both the seller and the buyer, to the land deed official. Then, they stated that they
would buy and sell land. Furthermore, the land deed official requests a certificate of land rights to be sold,
proof of identity and other documents from the parties. Next, he checks the certificate at the local land
office to ensure that the certificate is free from confiscation, dispute and debt. After checking, if the
certificate is "clean", then a sale and purchase certificate is made. The making of the deed is attended by
the parties who have committed the legal act concerned and witnessed by at least 2 (two) witnesses who
meet the requirements to act as witnesses in the legal act.
With two witnesses, in front of the land deed official, the seller and the buyer sign the sale and
purchase deed, and witnessed by the land deed official, the land price is paid according to the price stated
in the sale and purchase deed. If payment is not made in front of the land deed official, he must ask: “Has
the land price in accordance with the deed been submitted by the buyer to the seller and has the seller
received the price of the land from the buyer?”
According to Van Dijk, the sale and purchase of land according to customary law is a permanent
transfer of land by receiving an amount of money that is paid in cash by the buyer and the buyer obtains
full ownership rights over the land. This cash payment is done in front of the village head as a witness to
the validity of the sale and purchase transaction.
According to Wiryono Projodikoro, the sale and purchase according to customary law is not just
an agreement between the two parties, but it is a transfer of rights over goods or objects on condition of
paying a price. When an agreement is made between the two parties, according to customary law, the
buyer is given a down payment to the seller. It is intended so that there is strength between the two
parties.
There are two types of the sale and purchase of land in customary law. They are as follows:
Boedi Harsono, Hukum Agraria Indonesia: Sejarah Pembentukan Undang-Undang Pokok Agraria, Isi dan Pelaksanaannya,
Cetakan Kesembilan, Jakarta: Djambatan, h. 333.
Jonneri Bukit, Made Warka, and Krisnadi Nasution, ‘Eksistensi Asas Keseimbangan Pada Kontrak Konsumen Di Indonesia’,
DiH: Jurnal Ilmu Hukum, 2018 <https://doi.org/10.30996/dih.v0i0.1788>.
Hatta Isnaini Wahyu Utomo, ‘The Position of Honorary Council of Notary in Coaching Indonesian Notaries’, Journal of Law,
Policy and Globalization, 92 (2019) <https://doi.org/10.7176/jlpg/92-12>.
Soetomo, Pedoman Jual Beli Tanah: Peralihan Hak dan Sertifikat, Malang: Lembaga Penerbitan Universitas Brawijaya,1981,
h.22
Van Dijk, diterjemahkan oleh A.Soehadi, Pengantar Hukum Adat Indonesia, Sumur, Bandung, 1979, h. 66.
Wiryono Projodikoro, Hukum Antar Golongan Di Indonesia, Sumur, Bandung, 2000, h.73.
International Journal of Multicultural and Multireligious Understanding (IJMMU)
Vol. 7, No. 8, September 2020
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
710
1. The legal action is one-sided, namely a group of people living in a place and building a house on
the land, opening agricultural land, burying people in that place and so on. This legal action is only
from one party.
2. Legal action is two-sided. The main point is the transfer of rights with cash payments. To carry out
the sale and purchase, the assistance of the head of the association who is responsible for the legal
action is required, so the action must be clear and cash.
The sale and purchase of land in customary law are as follows:
a. Selling a pawn, it means that those who receive the land have the right to work on the land and have
the full right to collect income from the land. He was only bound by his promise that the land could
only be redeemed by the one who sold the pawn. In general, land is returned in the condition when it
was given.
b. Selling off-hand, it means that the buyer gets ownership rights to the land he buys. Payments are
made in front of the partnership.
c. Selling annually, it is a form of renting out land in Java whose duration cannot be determined.
d. Giving land (grant or inheritance), it means that the giving of land in which the right of ownership is
immediately transferred to either the heir or another person. Even, the land owner is still alive or
died.
The concept of national land law is based on customary law. The current implementation of
agrarian law uses a system and principles of customary law, so the sale and purchase of land now must
also be interpreted as a legal act in the form of the transfer of ownership rights or the handover of land
permanently by the seller to the buyer who at that time also hands over the price to the seller.
According to customary law, the legal requirements for the sale and purchase of land are the
fulfillment of three elements, namely cash, real and clear. Cash is the transfer of rights by the seller which
is carried out simultaneously with payment by the buyer and immediately the rights have transferred. The
buyer does not have to pay in full. The price difference is considered as what the buyer owes to the seller.
It is included in the legal scope of accounts payable so it is not land law. Then, real means that the seller
and the buyer not only say their will but they also have to follow it with real actions. For instance, by
receiving payment money by the seller and making an agreement in front of the village head. Next, clear
is the sale and purchase is carried out in front of the village head to ensure that the act does not violate
any applicable legal provisions.
Regarding the participation of the village head / traditional leader in the sale and purchase of
land, Supreme Court in its jurisprudence dated December 13, 1958 No. 4 / K / RUP / 1958 stated that the
participation of the village head is an absolute requirement of customary law. The participation of the
village head is a more convincing factor that the sale and purchase of land is legal. In the decision of the
supreme court dated 12 June 1975 No. 952 / K / SIP / 1975 in their legal considerations states that the sale
and purchase of land according to customary law is legal if it is done in real terms and in cash and is
known to the village head. The decision of the Supreme Court is in accordance with the principles of
customary law. If the sale and purchase is not carried out in front of a land deed official, the sale and
purchase is still valid because the basic agrarian law (UUPA) uses the principles of customary law,
namely concrete and real.
Endang Prasetyawati, ‘Perlindungan Hukum Terhadap Para Pihak Dalam Pembiayaan Konsumen’, DiH: Jurnal Ilmu Hukum,
2012 <https://doi.org/10.30996/dih.v8i16.267>.
Boedi Harsono, Hukum Agraria, Djambatan, Jakarta, 2000, hal 23.
Ibid.
International Journal of Multicultural and Multireligious Understanding (IJMMU)
Vol. 7, No. 8, September 2020
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
711
In customary law, the system used for buying and selling land is known as the cash and clear
system. It means that the transfer of land rights is simultaneous once payment of the land price is
submitted to the buyer. Furthermore, the wills must be met by submitting a down payment so that it is
legally binding. The land sale and purchase transaction can be made on seal paper or without seal paper
and must be affixed with sufficient stamp duty. It is made by the parties in front of the village head
concerned. It also means that the handover according to customary law of land has been transferred to the
buyer.
If the sale and purchase is not carried out in front of the village head, the sale and purchase can be
considered valid as long as the parties have met the material requirements, namely the price has been paid
by the buyer as well as the rights to the land being sold have been fully handed over by the seller to the
buyer. One of the things that need to be considered in buying and selling land is the subject. They are
sellers and buyers. The seller who is entitled to sell a plot of land is the legal holder of the title to the land.
If the owner of a plot of land is only one person, he has the right to sell it himself. But if the owner is
more than one person, it must be done together. The result of the sale and purchase of land according to
customary law by the unauthorized is that the sale and purchase is canceled by law.
Based on Article 5 of the UUPA, the sale and purchase of land after the UUPA, it uses the system
and principles in customary law. In the preamble of the UUPA, it is stated that the agrarian law that
applies to the earth, water and space is customary law. In the form of customary law norms, in statutory
regulations and as long as these regulations do not exist, customary law shall apply. In fact, the prevailing
laws and regulations actually replace the norms of customary law that were previously valid. For instance,
the provisions regarding the sale and purchase of land which were initially sufficient to be carried out in
front of the village head, by Article 19 of Government Regulation No. 10 of 1961 changed to in front of
land deed official. Boedi Harsono argues that in fulfilling the needs of an open modern society; for
instance, land buying and selling institutions; according to agrarian law, it gets a modernization and
adjustment model, without changing the essence of customary law, namely the legal act of transferring
land rights with payment of the price in cash and the nature and characteristics as real and clear actions.
The sale and purchase of land must be proven by a deed made up by a land deed official. The sale
and purchase of land which was initially sufficient to be carried out in front of the village head, but now
by agrarian regulations it must be carried out in front of a land deed official. It is a change that aims to
improve the quality of evidence carried out according to customary law whose people have limited
personal and territorial scope, that is, it is sufficient to make a letter by the seller himself and it is known
by the village head. The change of procedure does not negate the provisions of customary law which
regulate the material aspect of land buying and selling institutions.
Conclusion
The legislative ratio for the use of "Terang and Tunai" in the sale and purchase agreements for
land rights under the UUPA is because it accommodates customary law as the basis for the national land
law. Land buying and selling transactions use clear and cash principles in customary law. Tunai means
that the transfer of rights occurs instantaneously with a payment, whereas terang means that the sale and
purchase is carried out in the presence of an official who has the authority to witness the sale and
purchase. The existence of cash and clear principles in the sale and purchase of land means that with the
payment of an agreed price and the legal action is carried out in front of local officials, ownership rights
Ibid.
Christina Tri Kurniasari, Krisnadi Nasution, and Sri Setyadji, ‘Dasar Hukum Pelaksanaan Mitigasi Resiko Kredit Pada Sektor
Perbankan Di Indonesia’, Jurnal Akbar Juara, 2020 <https://doi.org/10.1016/j.solener.2019.02.027>.
Sudargo Gautama, Tafsiran UUPA, Alumni, Bandung, 1981, h. 204
International Journal of Multicultural and Multireligious Understanding (IJMMU)
Vol. 7, No. 8, September 2020
Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrari an
Principles
712
over the land are transferred. The function of the appointed official is to record and become a witness that
there has been a transfer of rights. It is also expected to provide legal protection for sellers and buyers.
References
Bukit, Jonneri, Made Warka, and Krisnadi Nasution, ‘Eksistensi Asas Keseimbangan Pada Kontrak
Konsumen Di Indonesia’, DiH: Jurnal Ilmu Hukum, 2018 <https://doi.org/10.30996/dih.v0i0.1788>
Gautama, Sudargo, Tafsiran UUPA, Alumni, Bandung, 1981
Hatta, Hatta Isnaini Wahyu Utomo, ‘Perlindungan Hukum Bagi Kreditur Atas Obyek Jaminan Berupa
Bangunan Tanpa Tanah Dalam Perspektif Asas Pemisahan Horizontal’, Jurnal Selat, 7.1 (2020),
5064 <https://doi.org/10.31629/selat.v7i1.1521>
Hatta Isnaini Wahyu Utomo, ‘The Position of Honorary Council of Notary in Coaching Indonesian
Notaries’, Journal of Law, Policy and Globalization, 92 (2019) <https://doi.org/10.7176/jlpg/92-12>
Harsono, Boedi, Hukum Agraria Indonesia: Sejarah Pembentukan Undang-Undang Pokok Agraria, Isi
dan Pelaksanaannya, Djambatan, Jakarta, 2000
Hidayat, Mas Rachmat, Krisnadi Nasution, and Sri Setyadji, ‘Kekuatan Hukum Pengikat Hak
Tanggungan Atas Jaminan Kredit’, Jurnal Akrab Juara, 2020
<https://doi.org/10.11693/hyhz20181000233>
Isnaini, H, and W Utomo, ‘The Existence of the Notary and Notarial Deeds within Private Procedural
Law in the Industrial Revolution Era 4.0’, International Journal of Innovation, Creativity and
Change, 2019 <http://www.scopus.com/inward/record.url?eid=2-s2.0-
85079637568&partnerID=MN8TOARS>
Isnaini, Hatta, and Hendry Dwicahyo Wanda, ‘Prinsip Kehati-Hatian Pejabat Pembuat Akta Tanah Dalam
Peralihan Tanah Yang Belum Bersertifikat’, Jurnal Hukum IUS QUIA IUSTUM, 24.3 (2017), 467
87 <https://doi.org/10.20885/iustum.vol24.iss3.art7>
Kurniasari, Christina Tri, Krisnadi Nasution, and Sri Setyadji, ‘Dasar Hukum Pelaksanaan Mitigasi
Resiko Kredit Pada Sektor Perbankan Di Indonesia’, Jurnal Akbar Juara, 2020
<https://doi.org/10.1016/j.solener.2019.02.027>
Prasetyawati, Endang, ‘Perlindungan Hukum Terhadap Para Pihak Dalam Pembiayaan Konsumen’, DiH:
Jurnal Ilmu Hukum, 2012 <https://doi.org/10.30996/dih.v8i16.267>
Pribadi, Agung Sakti, Made Warka, and Slamet Suhartono, ‘Laws of Authority and Uncertain Law On the
Beach Reclamation Activities in The Gulf Coast of Jakarta’, International Journal of Scientific and
Research Publications (IJSRP), 2019 <https://doi.org/10.29322/ijsrp.9.12.2019.p9654>
Projodikoro, Wirjono, Hukum Antar Golongan Di Indonesia, Sumur, Bandung, 2000
Wibisono, Hari, H. Moch. Isnaeni, and Endang Prasetyawati, ‘Authorization Entities (Legal Guarantee
Review)’, International Journal of Multicultural and Multireligious Understanding, 2019
<https://doi.org/10.18415/ijmmu.v6i6.1210>
Copyrights
Copyright for this article is retained by the author(s), with first publication rights granted to the journal.
This is an open-access article distributed under the terms and conditions of the Creative Commons
Attribution license (http://creativecommons.org/licenses/by/4.0/).
... Marriage as an institution that is used to bind humans who are destined in two genders, namely men and women. [3] After the marriage takes place, a family is formed. Marriage is realm of private law which cannot be separated from intervention of state [4], which in this case is government, on the basis reason that marriage is not just forming a family and continuing offspring, but there are far-reaching consequences for parties bound by marriage and their children born from marriage. ...
Article
Full-text available
Humans are zoon politicon, namely creatures that live in groups. As humans who live in groups, humans always need other people in living their lives. One of the needs of human life is to form a family and obtain offspring. This is a human right for everyone. Provisions on the right to have a family and continue offspring are regulated in Article 10 paragraph (1) of Law Number 39 of 1999 concerning Human Rights which stipulates that everyone has right to form a family and continue offspring through a legal marriage. Based on provisions in the article it can be understood that to form a family one must first marry. Marriage as an institution that is used to bind humans who are destined in two genders, namely men and women. After the marriage takes place, a family is formed. Marriage is realm of private law which cannot be separated from intervention of state, which in this case is government, on the basis reason that marriage is not just forming a family and continuing offspring, but there are far-reaching consequences for parties bound by marriage and their children born from marriage. Marriage in Indonesia is regulated in Law Number 1 (1974) concerning Marriage which has been amended by Law Number 16 of 2019 (hereinafter referred to as the Marriage Law). Unrecorded marital status does not have binding legal force because it doesn’t have an authentic certificate as proof of validity marriage. As stipulated in Law No.1 of 1974, Government Regulation No.9 of 1975, Permenag No.20 (2019) concerning Marriage Registration and Presidential Decree No.1 of 1991 concerning Compilation of Islamic Law. Status of 'Unrecorded Marriage' on the Family Card to Protect Children and Wife. It is necessary to renew the legal registration of marriages through a contextual approach, so as to provide certainty and legal protection for husbands and wives and children born from a marriage. Socialization is needed so that people realize how important it is to register their marriage even though they have to go through a trial at the Religious Court.
  • Jonneri Bukit
  • Made Warka
  • Krisnadi Nasution
Bukit, Jonneri, Made Warka, and Krisnadi Nasution, 'Eksistensi Asas Keseimbangan Pada Kontrak Konsumen Di Indonesia', DiH: Jurnal Ilmu Hukum, 2018 <https://doi.org/10.30996/dih.v0i0.1788>
Perlindungan Hukum Bagi Kreditur Atas Obyek Jaminan Berupa Bangunan Tanpa Tanah Dalam Perspektif Asas Pemisahan Horizontal
  • Hatta Isnaini Wahyu Hatta
  • Utomo
Hatta, Hatta Isnaini Wahyu Utomo, 'Perlindungan Hukum Bagi Kreditur Atas Obyek Jaminan Berupa Bangunan Tanpa Tanah Dalam Perspektif Asas Pemisahan Horizontal', Jurnal Selat, 7.1 (2020), 50-64 <https://doi.org/10.31629/selat.v7i1.1521>
The Position of Honorary Council of Notary in Coaching Indonesian Notaries
  • Hatta Isnaini Wahyu Utomo
Hatta Isnaini Wahyu Utomo, 'The Position of Honorary Council of Notary in Coaching Indonesian Notaries', Journal of Law, Policy and Globalization, 92 (2019) <https://doi.org/10.7176/jlpg/92-12>
  • Mas Hidayat
  • Krisnadi Rachmat
  • Sri Nasution
  • Setyadji
Hidayat, Mas Rachmat, Krisnadi Nasution, and Sri Setyadji, 'Kekuatan Hukum Pengikat Hak Tanggungan Atas Jaminan Kredit', Jurnal Akrab Juara, 2020 <https://doi.org/10.11693/hyhz20181000233>
The Existence of the Notary and Notarial Deeds within Private Procedural Law in the Industrial Revolution Era 4.0
  • H Isnaini
  • W Utomo
Isnaini, H, and W Utomo, 'The Existence of the Notary and Notarial Deeds within Private Procedural Law in the Industrial Revolution Era 4.0', International Journal of Innovation, Creativity and Change, 2019 <http://www.scopus.com/inward/record.url?eid=2-s2.0-85079637568&partnerID=MN8TOARS>
  • Hatta Isnaini
  • Hendry Dwicahyo Wanda
Isnaini, Hatta, and Hendry Dwicahyo Wanda, 'Prinsip Kehati-Hatian Pejabat Pembuat Akta Tanah Dalam Peralihan Tanah Yang Belum Bersertifikat', Jurnal Hukum IUS QUIA IUSTUM, 24.3 (2017), 467-87 <https://doi.org/10.20885/iustum.vol24.iss3.art7>
Dasar Hukum Pelaksanaan Mitigasi Resiko Kredit Pada Sektor Perbankan Di Indonesia
  • Christina Kurniasari
  • Krisnadi Tri
  • Sri Nasution
  • Setyadji
Kurniasari, Christina Tri, Krisnadi Nasution, and Sri Setyadji, 'Dasar Hukum Pelaksanaan Mitigasi Resiko Kredit Pada Sektor Perbankan Di Indonesia', Jurnal Akbar Juara, 2020 <https://doi.org/10.1016/j.solener.2019.02.027>
Perlindungan Hukum Terhadap Para Pihak Dalam Pembiayaan Konsumen
  • Endang Prasetyawati
Prasetyawati, Endang, 'Perlindungan Hukum Terhadap Para Pihak Dalam Pembiayaan Konsumen', DiH: Jurnal Ilmu Hukum, 2012 <https://doi.org/10.30996/dih.v8i16.267>
Laws of Authority and Uncertain Law On the Beach Reclamation Activities in The Gulf Coast of Jakarta
  • Agung Pribadi
  • Made Sakti
  • Slamet Warka
  • Suhartono
Pribadi, Agung Sakti, Made Warka, and Slamet Suhartono, 'Laws of Authority and Uncertain Law On the Beach Reclamation Activities in The Gulf Coast of Jakarta', International Journal of Scientific and Research Publications (IJSRP), 2019 <https://doi.org/10.29322/ijsrp.9.12.2019.p9654>
Authorization Entities (Legal Guarantee Review
  • Hari Wibisono
  • H Moch
  • Endang Isnaeni
  • Prasetyawati
Wibisono, Hari, H. Moch. Isnaeni, and Endang Prasetyawati, 'Authorization Entities (Legal Guarantee Review)', International Journal of Multicultural and Multireligious Understanding, 2019 <https://doi.org/10.18415/ijmmu.v6i6.1210>