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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN PERBUATAN MELAWAN HUKUM TERHADAP PELELANGAN OBJEK TANAH DENGAN SURAT TIMPANG TINDIH (Studi Putusan Nomor 28/Pdt.G/2021/PN Kba)
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| Subjek | : |
Land tenure
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| Pengarang | : |
Sabil Hidayat
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| Pembimbing | : |
Sulistyandari,
Nur Wakhid,
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.043 2 HID t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The number of land sales and purchases is balanced with land cases. One
of these cases is an unlawful act against an auction buyer with the object of an
overlapping letter in Decision Number 28/Pdt.G/2021/Pn Kba. In this decision the
judge granted compensation for the advocate's honorarium and stated that the
buyer was a buyer in good faith. The formulation of the problem in this research is
how the judge's legal considerations are in granting a claim for compensation for
unlawful acts in the auction of land objects with overlapping letters based on the
Koba District Court Decision Number 28/Pdt.G/2021/PN Kba and what is the form
of legal protection for auction buyers in good faith in Decision Number
28/Pdt.G/2021/PN Kba. This research uses a normative juridical research type,
statutory and case approach methods, as well as analytical prescriptive research
specifications. The data used is secondary data with data collection using library
research which is presented through systematic and logical descriptions in the form
of narrative text.
The results of the research show that the judge's legal considerations in
granting a claim for compensation for unlawful acts in the auction of land objects
with overlapping letters based on Decision Number 28/Pdt.G/2021/PN Kba are not
appropriate in the elements of unlawful acts and compensation. Defendant I/PT BNI
has committed an unlawful act because he did not hand over the object of the case
as a result of not carefully examining the guarantee, resulting in a claim/control by
another party which caused losses to the Plaintiff/Mustafa M. Bong. Carefully
examining collateral is a specific provision of article 8 of the Banking Law, not
article 2 and article 29 paragraph (2) of the Banking Law as per the judge's legal
considerations. The Defendant's actions fulfilled the elements of Article 1365 of the
Civil Code, thereby giving rise to compensation. The judge was wrong in deciding
that the advocate's honorarium compensation was real compensation. A form of
legal protection for buyers with good intentions in the decision is to declare that
the auction minutes do not have binding legal force and grant compensation for the
purchase of the object of the case.
Keywords: Letter of Indemnity, Compensation, Buyer in Good Faith
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