Sengketa kepemilikan tanah akibat jual beli tanah tanpa persetujuan ahli waris (Studi kasus: Putusan No. 106/PDT.G/2013/PN.CBN) = Land ownership dispute due to an act of land sells without consent of the rightfull heir. (Case study, Verdict no 106/PDT.G/2013/PN.CBN)

Rizka, Sarah Fauzia (2017) Sengketa kepemilikan tanah akibat jual beli tanah tanpa persetujuan ahli waris (Studi kasus: Putusan No. 106/PDT.G/2013/PN.CBN) = Land ownership dispute due to an act of land sells without consent of the rightfull heir. (Case study, Verdict no 106/PDT.G/2013/PN.CBN). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Acts against the law is every act that causes harm to others, obliging the person guilty to indemnify. Acts against the law is regulated under Article 1365 KUH-Perdata. Acts against the law related to land disputes often happens in the society. There are various disputes related to land that happens between individuals or between individual and laws disputed, either due to the physical data of the land, jurisdiction data or any acts of law upon the land. Disputes on the physical data of the land can be about the placement, borders or the area while disputes on the jurisdiction data is about the land's status of law (Ownership rights of the land), ownership right holders, or other parties that may create burden. Changes of the ownership rights by the means of sales can be registered and proven by a certificate created by a Land Titles Registrar. The sales procedures of a certificated land starts by the parties involved, in which are the buyer and the seller, to come before the Land Titles Registrar and declare the intent to proceed into the sales of the land. In cases of land disputes, based on the verdict 106/Pdt.G/2013/PN.Cbn in which case if there is an act against the law that is carried out by a defendant to a plaintiff that claims to be the rightfully owner of the land, The Judges, in deciding the case, refers to KUH-Perdata, HIR, rules about land ownership rights acquisition, in which is Undang-Undang No. 5 tahun 1960 concerning basic agrarian regulations, and also to the Government Rules No. 24, 1997 concerning land registration. In the decision where the Judges rules in favor of the plaintiffs and declares legally that the land and building of the object of dispute is the legitimate property of the Plaintiff, then the defendants must pay damages due to the acts of the First and Second defendants on the object of dispute to the plaintiff In the case where the defendants does not approve the rulings, they will be sanctioned to pay a forced fine (dwangsom) of Rp. 20.000.000 per day.

Item Type: Thesis (Bachelor)
Creators:
CreatorsNIMEmail
Rizka, Sarah FauziaUNSPECIFIEDUNSPECIFIED
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorSari, Vicensia Esti PurnamaUNSPECIFIEDUNSPECIFIED
Thesis advisorMainake, YosephusUNSPECIFIEDUNSPECIFIED
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Esterina M. Jonatan
Date Deposited: 04 Oct 2018 07:02
Last Modified: 04 Oct 2018 07:02
URI: http://repository.uph.edu/id/eprint/983

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