Legal Review of Selling Land of Inheritance Without Approval  of All Heirs

Firmansa, Fakhrizal Arief; Anggraeny, Isdian; Pramithasari, Yelita Putri

doi:10.22219/ljih.v28i1.11817

Cited by 14 publications

(13 citation statements)

References 3 publications

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“…Thus, the suspect's self-awareness of the violation of his legal rights is too late to anticipate. [38] In the Semiotics approach of Roland Barthes, the undisclosed originality of the law enforcers' thoughts, which views connotative meanings-basically, is a "silent operation" of the workings of an ideology (interests). Thus, connotative meaning, according to Roland Barthes, is a myth in the form of a communication system and a message system that has been formed historically [35].…”

Section: Instrumental Communication Models By Law Enforcers In Mainta...mentioning

confidence: 99%

Instrumental Communication Actions By Investigators/Public Prosecutors As Objects of a State Administrative Lawsuit

Marbun

Wijaya

2022

KSS

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Law Number 8 of 1981 concerning the Criminal Procedure Code is legislation that has been positioned as a legal umbrella for every law enforcement officer. However, not all powers and discretion exercised by law enforcers—especially investigators and public prosecutors, can be tested or questioned for their validity through the submission of a pretrial application. One model of action that cannot be tested is the act of instrumental communication. Every act of instrumentalist communication always accompanies the application of the authority and discretion of the Investigator and Public Prosecutor, which causes harm to someone who is made a suspect and a defendant. This study aims to find opportunities for legal remedies that can be taken by suspects and defendants against acts of instrumental communication from law enforcement. This research is legal research using an interdisciplinary and multidisciplinary approach. The results of this study indicate that every act of instrumental communication that accompanies the use of authority and discretion and causes harm to the suspect and the defendant can be the object of a state administrative lawsuit based on Law Number 30 of 2014 concerning Government Administration. Keywords: criminal procedures, state administrative lawsuits, investigators, public prosecutors, communication actions

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Section: Instrumental Communication Models By Law Enforcers In Mainta...mentioning

confidence: 99%

Instrumental Communication Actions By Investigators/Public Prosecutors As Objects of a State Administrative Lawsuit

Marbun

Wijaya

2022

KSS

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“…In conditions prior to construction, consumers have the right to clear, correct, honest and accountable information regarding: [10], [20] 1. Land ownership status (certificate of land rights)…”

Section: Condition Prior To Development (No Cinsturuction)mentioning

confidence: 99%

Fulfilling the Rights of Housing Consumers As a Result of Developer's Bankruptcy Decision

Kerti

Wicaksana

2022

KSS

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The state guarantees the right of every citizen to get a decent living and a place to live as a human being. Consumer rights in the housing sector are regulated in Law Number 8 of 1999 concerning Consumer Protection, Law Number 1 of 2011 concerning Housing and Settlement Areas, and Law Number 20 of 2011 concerning Flats. Consumer rights are the obligation of business actors to fulfill. Bankruptcy is an effort for creditors to fulfill their rights to debtors. In principle, consumers in the housing sector do not want developers to go bankrupt, but on the contrary, bankruptcy is used as a loophole for irresponsible developers to avoid their obligations. The consumer’s position becomes a questionable matter because the consumer’s position is harmed by the bankruptcy decision. In this paper, we will discuss on how is the position of consumers in the housing sector as a result of the bankruptcy decision of the developer and the efforts to fulfill the rights of housing consumers fairly. The research method used is normative with an approach to norms and principles in regulation. The data used is secondary with qualitative data analysis and deductive conclusions. The purpose of this paper is to explain the position of housing consumers on the developer’s bankruptcy decision, and efforts to fulfill consumer rights due to the developer’s bankruptcy decision. The developer’s bankruptcy decision has resulted in housing consumers being concurrent creditors. Efforts that can be taken to fulfill consumer rights are to position consumers as creditors with special rights because of the law based on the Circular Letter of the Supreme Court Number 4 of 2016 and the Decision of the Constitutional Court 21 of 2015, in addition to efforts to file a lawsuit to the district court as well as amendments to bankruptcy regulations and consumer protection. Keywords: bankruptcy, housing, consumer protection

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“…This digitalization system with an unsecured level of security and without bureaucratic reform is very vulnerable to being misused and even hijacked. (12) From the user side, digitalization will only be friendly to urban communities and the upper middle class, where access to technology and infrastructure has been built. On the other hand, the poor in urban, rural, and rural areas will be left behind.…”

Section: Public Legal Protection Of Electronic Land Certificate In La...mentioning

confidence: 99%

Community Legal Protection and the Legal Position of Electronic Land Certificate in Land Registration Based on Notarial Assets

Widyastuti

2021

IJMMU

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The electronic land certificate (e-certificate) policy is supported by the presence of the Regulation of the Minister of Agrarian Affairs and Spatial Land/Head of the National Land Agency Number 1 of 2021 concerning Electronic Certificates (Permen ATR / BPN 1-2021). In the future, everyone who makes a property transaction for the first time will no longer hold a physical certificate. Everything is digital for those who have paper certificates, the government is obliged to immediately switch to electronic. Including when the process of buying and selling property assets occurs. There are indeed concerns about the birth of this new policy. The public does not fully believe in the security of the digital world. Especially for land certificates. Many parents are still conventional, lagging behind technological developments. They still believe in maintaining physical land certificates. Efficient land registration, legal certainty and legal protection, reduce the number of disputes, conflicts and court cases regarding land and increase the value of registering property in order to improve the Ease of Doing Business (EoDB) ranking. The implementation of electronic land certificates will also be gradual considering the large number of land parcels in Indonesia. Then in accordance with the very diverse geographical conditions and the socio-economic conditions of a pluralistic society. Security can also be guaranteed because the entire information security process uses encryption technology such as cryptography by the National Cyber and Crypto Agency.

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Legal Review of Selling Land of Inheritance Without Approval of All Heirs

Cited by 14 publications

References 3 publications

Instrumental Communication Actions By Investigators/Public Prosecutors As Objects of a State Administrative Lawsuit

Instrumental Communication Actions By Investigators/Public Prosecutors As Objects of a State Administrative Lawsuit

Fulfilling the Rights of Housing Consumers As a Result of Developer's Bankruptcy Decision

Community Legal Protection and the Legal Position of Electronic Land Certificate in Land Registration Based on Notarial Assets

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