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Rahmadi Indra Tektona; Moh. Ali; Anang Suindro

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

In general, there are laws that provide protection to banks as lenders to obtain repayment of their debts when the debtor is in default, this is stated in Article 1131 of the Civil Code which reads: "All assets of the Debtor, whether movable or immovable, whether existing ones or those that will be in the future become dependents/guarantees. Debtor's assets, both movable and immovable, both present and future will become dependents/guarantee for their debts. One of the characteristics of the UUHT is that it is easy and certain to execute, which means executing the mortgage certificate. must be carried out but can still provide legal certainty for interested parties, in this case, the auction seller, auction buyer and auctioneer. Therefore, in carrying out executions based on parate execution, it must be able to provide convenience and legal certainty for all interested parties.

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Farid Hardianysah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Ramadani Dimas Pamungkas; Deandra Myana Rahayu; Syafa Nabila Azzahra; Fadia Amanda Pertiwi; Hany Nurpratiwi

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

The objectives of the National Agrarian Law are in line with the objectives of the 1945 Constitution of the Republic of Indonesia as the legal foundation for the formation of the UUPA, namely "to protect the entire Indonesian nation, promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, eternal peace." and social justice”. Before there were clear rules governing land issues, many land conflicts occurred. One type of conflict that often occurs is between the state and the community regarding Nation Land Tenure Rights representing the public interest, and then private property ownership, which then results in social inequality that arises in society. social. In the compensation paradigm itself, it tends to mean that the holder of land rights has experienced a loss prior to the release of his land for public use. Presidential Decree No. 55 of 1993, Presidential Decree No. 36 of 2005 and Presidential Decree No. 65 of 2006 contain many weaknesses and are repressive in nature which harm land rights owners. Various cases of community welfare land acquisition development show various problems that arise in the implementation process. With the promulgation of Law Number 2 of 2012, the government is trying to correct deficiencies in the previous laws and regulations regarding land acquisition for public purposes. Compensation for Land Acquisition Since the promulgation of Law Number 2 of 2012, the government has assessed the value of compensation for each plot of land, including land, space above ground and basement, buildings, plants and land, for public purposes; and/or other things that can be assessed as Loss. The amount of compensation determined by the appraiser based on the results of the assessment becomes the basis for negotiating and determining losses.

Muhamad Khamal Akbar Rahmadan; I Made Sarjana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The research was conducted for the sole purpose of knowing the legality of establishing a foundation as a legal entity operating in the social, religious, and humanitarian fields, in this case the foundation was founded by foreigners. This research uses a method with normative research in addition to legislation is used as an approach, in addition to facts and conceptual analysis used as an approach in this research method. The results of the study indicate that the legali ty of the establishment of a foundation by foreigners in Indonesia has now been determined in Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations where foreigners in this context have more opportunities to set up a foundation. Regulations on foreign foundations are related to their establishment which are further emphasized in Government Regulation Number 63 of 2008 concerning the Implementation of the Law on Foundations as an implementing regulation that provides legal certainty to foreigners in establishing a foundation. as well as the nation, and the State of Indonesia.

Diva Yohana Margaretha Marbun; Aam Suryamah; Agus Suwandono

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The position of business actors and consumers often becomes unequal. Consumers are often the object of business activity to get the maximum profit by business actors and in the end the consumer becomes the aggrieved party. Cases of business actors harming consumers are found in BPSK Garut Regency Decision Number 18/Pdt.S-Brg/BPSK-GRT/IX/2020 regarding the sale of expired vegetable cheese wafers at the Asia Garut Department Store. In this case, there were legal issues regarding BPSK's authority and the judge's considerations in deciding compensation. The research objective is to determine whether BPSK has the authority to decide this case; and analyzing the judges' considerations in the BPSK Decision of Garut Regency Number 18/Pdt.S-Brg/BPSK-GRT/IX/2020 in deciding compensation. This study uses research methods with a normative juridical approach based on applicable legal concepts and theories. Based on the research results, it can be concluded 2 (two) things. First, the settlement process in this case has not provided legal certainty because the choice of dispute resolution method is directly determined by the Garut Regency BPSK Assembly and not based on the agreement of the parties to the dispute and this case should have been tried at the District Court after mediation failed. Second, the Garut Regency BSPK Assembly has not been right in deciding on compensation because the Assembly has confused the duties and responsibilities of producers and supermarkets and does not understand the intent of Article 52 letter (k) of the Consumer Protection Act.

Ayu Lintang Priyan Andari; Miftahul Hasanah; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The problem of land is a problem that stems from the current needs of the community both for residential use, business or for community livelihoods such as to grow vegetables. In Indonesia, the regulation of land or agrarian has only existed since 1960, namely by bringing up the Basic Agrarian Law (UUPA). In the UUPA It has been stipulated that legal certainty regarding land can only be legally recognized by registering the land and obtaining a certificate of title to the land. Then there is a PP regarding land registration, namely PP No. 24 of 1997. Before the issuance of the UUPA in 1960, the community had a Letter C from the village as proof of ownership of land rights. Even today there are still people who still hold the Letter C as proof of ownership. This is what researchers will discuss about the validity of Letter C which is still used by some communities related to old evidence of ownership of land rights. In assessing the validity or not of a Letter C, it is necessary to understand what are the legal requirements of a decision

Iis Ariski; Irkhamna Kamalia; Fatikha Nur Nafi Ul’umam; Chanun Nida’ Nabiqoh

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Indonesia is a constitutional state, in which every behavior of the Indonesian people must be based on the laws set by the government. In addition, of course, as an Indonesian citizen, he must know his status in this country. Because basically every Indonesian citizen has the same right to obtain guarantees and legal certainty in every action. After knowing the importance of citizenship, of course, what is no less important is knowing immigration law. Because citizenship law and immigration law have an interrelated relationship in the legal system in Indonesia. The purpose of the research that the authors conducted was to find out the nature of citizenship and immigration in the Indonesian legal system. The research method used is the library method, in which researchers use sources from various books, journals and other sources of literature.  

Harry Kurniawan; Riduansyah Riduansyah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In Aceh Province, the Religious Court is called the Sharia Court, each district or city has its own Sharia Court office which is located in the district or city. As stated in Law Number 3 of 2006 concerning amendments to Law Number 7 of 1989 concerning Religious Courts that: "The Religious Court is located in the capital of the district or city and its jurisdiction covers the district or city area. This research is based on field research. The purpose of field research is to intensively study the background of the current situation and the interaction of the environment of a social unit; individual, group, institution or community. The results of the study are that community participation in the implementation of the circuit court in divorce cases at the Tapaktuan Sharia Court is very high, there are even several special requests from the community for the implementation of the circuit court for several cases, especially divorce cases and the influence of the circuit court in the social life of the community is the emergence of awareness for the community that the termination of a marriage relationship is very important to obtain legal certainty.

Yulies Tiena Masriani; Suryoutomo, Markus; Saryana

Jurnal Suara Pengabdian 45 2023 LPPM Universitas 17 Agustus 1945 Semarang

Land is fixed, does not change, so that land has a promising investment value for most people, this is due to the tendency for the price or selling value of land to continue to increase. The need for housing for the community has increased the sale and purchase of land, the process of legality in land certification has become crucial and needs to be understood carefully. Actualization of community service through outreach regarding land law in Ngadirgo Village, Mijen District, Semarang City has the aim of increasing knowledge of understanding and knowing the importance of land registration and increasing knowledge of understanding and knowing the benefits and functions of land registration. The socialization uses power point presentation media by dividing the method into 4 main components, namely: the lecture method, the interactive discussion method, the consultation method, and the evaluation method. With the socialization related to land law, the people of Ngadirgo Village, Mijen Sub-District gained adequate insight and understanding so that later they can take care of land certification independently so as not to cause problems in the future. The land certificate bleaching program is also one of the main topics related to the socialization of land law as an effort to provide legal certainty and legal protection of community land rights based on the principles of simple, fast, smooth, safe, fair, equitable, and open and accountable so as to increase the welfare and prosperity of the community. and the country's economy as well as reducing and preventing land disputes and conflicts.

Christiadi Yanuar Saputro

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Criminal provisions in a statutory regulation are certain doses or remedies as a means of achieving the formulated goals. The purpose of this article is to examine and analyze the inconsistency of the material content of the criminal provisions against the formulation of the objectives of legal certainty in the Law of the Republic of Indonesia No. 3 of 2020 concerning Mineral and Coal Mining. The research method uses a normative juridical method. Secondary data in the form of primary legal data on laws and regulations related to the criminal provisions of the Minerba Law is elaborated so that the adequacy of the content of the criminal provisions is able to test the clarity of the objectives of legal certainty. The results found that there were inconsistencies in criminal provisions as a means of achieving goals in the formulation of guaranteeing legal certainty. The application of Article 162 of the Mineral and Coal Law is subjective and tends to criminalize members of the community around mineral and coal mining. This fact proves that the objective of legal certainty is objective, ambiguous with subjective criminal means. The main article of criminal provisions in the Minerba Law is Article 158 which is systematically constructed with Article 35. Basically, the criminal provisions are used as the legal regime for licensing in the strategies and techniques of government control and control in the mineral and coal sector.

Berliana Adinda Ayu Puspita

The International Conference on Education, Social Sciences and Technology 2022 International Forum of Researchers and Lecturers

Sales and purchase agreements that occur electronically between sellers and buyers create online buying and selling. Internet and social media users in Indonesia, online E-Commerce businesses are increasingly growing. E-Commerce is business activities involving consumers, manufacturers, service providers and intermediaries using computer networks, namely the internet. E-Commerce users are also of various ages, because there are many conveniences when shopping online, just open the desired E-Commerce application, choose the items you buy and the goods arrive as desired within a few days. The increasing number of online buying and selling has indirectly influenced changes in legal regulations. The rules that apply in Indonesia are still unclear regarding electronic buying and selling. This is due to the fact that the conditions necessary for the validity of an electronic agreement have not been specifically regulated. The aim of this research is to determine the validity of electronic contract agreements in E-Commerce transactions in terms of civil law. In this research, normative research methods were used. This method involves processing data from legal regulations and applying rules or norms as the basis for research. Research results Electronic documents are binding and recognized as valid evidence to provide legal certainty regarding the operation of electronic systems and electronic transactions, especially for proof and related to legal actions carried out through electronic systems

Hery Kurniawan Zaenal

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

Bina Eradany

Public Service And Governance Journal 2022 Universitas 17 Agustus 1945 Semarang

The land registration process requires certainty of the physical data of the land object as well as certainty of the juridical data of the land subject as well as the party providing information regarding the truth of land ownership. The certainty of physical data and juridical data will determine the quality of the certificate product and guarantee against lawsuits from other parties who feel they own the land. Participation will be realized if the community has an understanding of the greater benefit value if their land is registered and certified. The formulation of the research problem includes: how is the conversion of land rights regulated and what are the legal consequences of the conversion of land rights. The type of research used is normative legal research. The conclusions of this research include: Regulation of conversion of land rights, including Law no. 5 of 1960 was promulgated on September 24 1960, which marked the formation of the National Land Law. One of the objectives of the promulgation of Law no. 5 of 1960 laid the foundations for establishing unity in Land Law

Tubagus Andri Purnama; Yohanes Firmansyah; Anna Maria Tri Anggraini‬; Elfrida Ratnawati Gultom; Imam Hartanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Legal certainty can be reached by good and explicit principles in a legislation, as well as its application. Investment requires legal certainty as well. On April 26, 2007, the Investment Law No. 25 of 2007 was enacted. This legislation was enacted to replace Law No. 1 of 1967 on Foreign Investment and Law No. 6 of 1968 on Domestic Investment. There are eleven factors that serve as benchmarks for gauging a country's ease of doing business. One of the indications is related to the resolution of investment conflicts, or in this case, contract enforcement and bankruptcy proceedings. According to the Doing Business 2019 report, Indonesia ranks 73rd (seventy-three) in terms of ease of doing business. Indonesia's EoDB ranking remains distant from the aim of entering the world's top 40 (forty) ranks. This is due to the fact that, among other things, dispute resolution in Indonesia still has various issues, including basic regulations, the trial procedure, and decision implementation. Meanwhile, affordable, fast, and simple conflict resolution facilities are required in the corporate world (according to EoDB indications). The results of this descriptive analytical research utilizing a normative juridical approach reveal that there is no implementing regulation of Law Number 25 of 2007 concerning Investment, which focuses on discussing investment disputes, therefore there is no strong legal certainty in investing in Indonesia. Furthermore, there are several issues concerning the resolution of bankruptcy cases, some of which stem from regulations, namely Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, some of which can result in certain interests, the length of the bankruptcy court process, and legal certainty following the bankruptcy decision. A breakthrough or update that can support EoDB is required, one of which can be done in the field of investment dispute resolution, particularly connected to contract enforcement and bankruptcy case settlement, by creating implementing regulations and updating associated regulations.

Sudarto Sudarto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Electronic registration of land certificates has been implemented by the Government through the Kementerian Agraria dan Tata Ruang / Badan Pertanahan Nasional (ATR/BPN). However, certificate owners often doubt the legal force of electronic certificates, especially their validity to be used as evidence in court. This study examines specifically the juridical review regarding legal certainty obtained by the owner of an electronic land certificate. The research uses a normative juridical approach, with secondary data in the form of legal materials, primary, secondary and tertiary legal materials. Based on research, electronic certificates have a strong legal basis and have legal force as proof of rights to ownership and utilization of land. Thus, the owner of the certificate gets legal certainty in the form of protection of his land asset rights.

Nirwan Junus; Karlin Z. Mamu; Dian Ekawaty Ismail; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa +5 more

Nusantara: Jurnal Pengabdian kepada Masyarakat 2022 Pusat Riset dan Inovasi Nasional

The problem of land ownership in Buntulia Village is influenced by the lack of knowledge and awareness of the community about land ownership rights because of the total population of 549 families, 463 people have not registered their own land. This of course raises a fairly basic problem by the village government to be resolved. Therefore, in this downstreaming, the service team provides understanding and legal knowledge to the community about the importance of registering property rights and providing assistance to the community together with the Land Agency through the Border Marks Post Community Movement (GEMA PATAS) in order to increase community participation in installing boundary markings, making it easier for BPN officers to take measurements, as well as being able to accelerate the government program on Complete Systematic Land Registration. Thus the community could see the importance of legalizing property rights to the land in order  to avoid disputes and thereby give legal certainty to the parties.

Apriliani, Sandra Dikna

DINAMIKA HUKUM 2021 Universitas Stikubank

Land* is* a* necessity* that* is* needed* by* every* Indonesian* citizen.* The* purpose* of* this* study* is* to* find* out* and* analyze* the* resolution* of* legal* disputes* against* holders* of* certificates* of* ownership* (double* certificate).* A sense of wanting to have a subject that will eventually lead to land disputes. One of the problems is the emergence of multiple ownership certificate (overlapping). "Double Certificate" can lead to civil disputes between the parties, so to ensure legal certainty over the land it needs to be resolved through a judiciary. Based* on* the* results* of* the* study* indicate* that* the* occurrence* of* double* certificates* caused* by* several* factors,* namely* the* bad* intention* of* the* applicant* for* the* certificate,* an* error* from* the* Land* Office,* namely* in* terms* of* collecting* and* processing* physical* data* and* juridical* data* of* the* land,* and* the* unavailability* of* a* comprehensive* land* registration* map.* Double certificate occur because there are two certificates in one office issued officially by the Land Office. This* research* uses* normative* juridical,* data* sources* collected* from* library* data* and* then* the* data* collection* techniques* used* are* literature* study.* The* formulation* of* the* problem* in* this* research* skirpsi* is*what* are* the* factors* that* lead* to* the* submission* of* dual* certificates,* and* the* legal* protection* that* double* certificate.* Legal protection for holders of land rights is as regulated in Government Regulation No.24 of 1997 and Article 38 paragraph (2) UUPA, Article 32 paragraph (2), Article 23 paragraph (2) and Article 19 paragraph (2) letter c, that the certificates of proof of right act as a strong means of proof. The two rights owners who are the object of the dispute do not receive legal protection if the revocation of the land certificate has been decided. Because the publication system used in Indonesia is a negative publication system that contains positive elements. Settlement* of* land* disputes* can* be* resolved* by* deliberation* by* the* parties* or* mediation* and* through* justice.* On* the* other* hand* there* is* a* need* for* special* procedural* law* provisions* either* through* deliberation* or* mediation* at* Land* Office* and* the* court* if* dispute* resolution* occurs* through* litigation. The settlement of disputes through this court route s generally through several solutions, ths is : 1. Lawsuit to the land office 2. Civil suit in court 3. State admnstrative court 4. Kasasi in the menchanism for resolving land disputes with multiple certificate outside the court route includes the use of legal remedies by mediaton.   Keywords:* Settlement,* Land* Certificate,* Double

Mulyanti, Ariska Sri; Suliantoro, Adi

DINAMIKA HUKUM 2021 Universitas Stikubank

One of the problems that often arise in an agreement is default, which can result in the creditor experiencing losses due to the debtor being in default. . In the first trial, the judge usually offers a peace deed. When agreed by the parties, a Deed of Peace is issued by the court. The judge's decision of peace deed has binding power for litigants and there is legal certainty and has executive power, namely the power to carry out what is stipulated in the decision by force by state instruments. Likewise with the decision of the District Court No. 29/Pdt.G.S/2019/PN.Unr. The problem is whether the decision number 29/Pdt.G.S/2019/PN.Unr can be appealed or cassed, how will it be resolved if the defendant in the peace deed does not comply with the contents of the deed. This research uses a normative juridical research type, which is carried out by studying legislation, theories and concepts related to the problems to be studied. From the results of the analysis, it is concluded that the legal force of the peace deed is regulated in Article 1858 of the Civil Code and Article 130 paragraphs (2) and (3) of the HIR. This Peace Deed is essentially irrevocable. Cancellation of the Peace Deed may be requested, if its contents are contrary to the law. The legal basis for the Supreme Court Decision Number 454 K/Pdt/1991. The Plaintiff and the Defendant must comply with the contents of the Deed of Reconciliation, because it is a mutual agreement. The Deed of Peace cannot be appealed or appealed. The legal basis is Article 130 paragraph (2) of HIR. If the defendant does not comply with the decision of the Peace Deed, it can be executed by force through the court. The basis (Article 196 (HIR) and Article 207 Rechtreglement voor de Buitengewesten (RBG).             Keywords: Peace, the Power of Law, HIR and RBG

Ulfa, Jazillatul; Andraini, Fitika

DINAMIKA HUKUM 2020 Universitas Stikubank

Earth, water and space as well as the natural resources contained therein under the control of the State are gifts from God Almighty whose functions and uses are for the prosperity of the people. Land for the Indonesian Nation is a source of livelihood and is regulated in the provisions of the Law. The Basic Agrarian Law No. 5 of 1990 lays the foundation on providing legal certainty for land rights for the Indonesian people. Legal certainty is obtained after the land registration process. Land rights that have legal certainty can be transferred or transferred. however, in the process, disputes over land rights still occur in the community. Blocking of Land Rights Certificates is taken as an administrative step in the dispute resolution process, but there is a period of only 30 days to record the blocking of Peru, it is known how the factors of land blocking, how to know the position of the holder of the Land Rights certificate when the block is being blocked and when the period is 30 blocking day is over but the dispute has not been resolved. The type of research used by the writer is juridical normative and descriptive analytical research specification by collecting data by means of literature study and interviews which are presented in a descriptive manner and analyzed in a descriptive qualitative manner. The results of the research and data analysis carried out show the factors that cause the blocking of Land Rights Certificates, namely: a. Gono-Gini distribution of assets, b. Land Rights Holders do not have good faith, c. Distribution of Inheritance, d. Lost Certificate, e. There is an investigation by the Police, f. Land rights confiscated by the State Receivables Affairs Committee (PUPN) in connection with the settlement of State Receivables. Legal protection & the position of the Land Rights Certificate Holder when the blockage is carried out is that the right holder cannot take legal action against the blocked land for 30 days after the block registration was carried out, article 19 UUUPA / PP 241997 regarding registration will not be lost The legal certainty of the rights holder remains attached to it as long as there has been no transfer of rights to the land they own. If the 30 day period of blocking is over but the dispute has not been completed, the blocking will not be removed by law and will remain in effect as long as there is no request for revocation by the applicant or the provisions -Other provisions which become the reasons for the removal of the block in accordance with article 14 of the Regulation of the Minister of ATR / Head of the National Land Agency No.13 of 2017 concerning the Procedure for Blocking and Confiscation, this is because in the Land Office (Semarang) there is no system that can identify or filter out expired blocks.   Keywords: Land Registration, Legal Certainty, Rightsholders, Blocking of Land Rights Certificates, Position of Rightsholders