PENYELESAIAN SENGKETA PERJANJIAN YANG DI INDIKASIKAN SEBAGAI PERJANJIAN NOMINEE DALAM HAL KEPEMILIKAN HAK ATAS TANAH UNTUK MEWUJUDKAN KEPASTIAN HUKUM DAN KEADILAN

Sudiharta, Kadek Endra Bayu (2017) PENYELESAIAN SENGKETA PERJANJIAN YANG DI INDIKASIKAN SEBAGAI PERJANJIAN NOMINEE DALAM HAL KEPEMILIKAN HAK ATAS TANAH UNTUK MEWUJUDKAN KEPASTIAN HUKUM DAN KEADILAN. Masters thesis, Universitas Sebelas Maret.

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    Abstract

    The purpose of this thesis research is to examine and analyze the settlement of dispute agreement which is indicated as the nominee agreement in the case of ownership of land rights to realize legal certainty and justice both due to law of the agreement as well as its legal construction. This research is empirical in other words this research is sociological law research. Types of legal materials consisting of primary legal materials and secondary legal materials. Data collection techniques used are through interviews with resource persons namely the Denpasar District Court judges, indigenous legal experts and notaries in the city of Denpasar Denpasar. The location of research in this study was conducted in Denpasar City, Bali. Based on the results of research and discussion can be concluded that in the customs of indigenous people of Bali, nominee known as "Nyilih Adan". In the settlement of the nominee case that plays a role as a court and notary if it is made authentically. Agreement nominee under the Civil Code, declared null and void because it does not meet the provisions of Article 1320 paragraph (4) Civil Code. A lawful cause is not fulfilled because it violates the provisions of Article 9 in conjunction with Article 21 the Basic Agrarian Law Act and Article 26 of the the Basic Agrarian Law Act, but on land falling to the state can not be applied because the agreement indicated by the nominee agreement is made in the form of a loan-borrowing agreement or by agreement only. In the event of a dispute, in the proceeding of the case of the agreement indicated as the nominee agreement proved is the funds disbursed by a Foreign Citizen to the Indonesian Citizen. This is due to the application of Article 26 of the the Basic Agrarian Law Act ie the land falling to the State can not be applied because the owner is legally Indonesian Citizen. Keywords: Legal Action, Nominee, Null and Void By Law.

    Item Type: Thesis (Masters)
    Subjects: K Law > K Law (General)
    Divisions: Pascasarjana > Magister > Magister Kenotariatan
    Depositing User: Arief Atmojo
    Date Deposited: 10 Dec 2017 11:13
    Last Modified: 10 Dec 2017 11:13
    URI: https://eprints.uns.ac.id/id/eprint/36901

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