Suchergebnisse

One of the settlements of disputes outside the court, mediation is understood as a settlement that is non-judgmental, fast, inexpensive, and provides access to the disputing parties to obtain justice or a satisfactory settlement by means of a win-win solution. The role of an industrial relations mediator is urgently needed to achieve harmonious industrial relations. The mediator becomes a point of contact who plays an active role in settlements outside the court. The strength of the mediator's suggestion in mediation is something that greatly determines the continuity of the settlement process because it can be a dispute resolution up to the Industrial Relations Court (PHI) if the negotiation and the mediator's written recommendation are not accepted by one or both parties. In a formal claim to the Industrial Relations court, a written recommendation is part of the minutes of industrial relations dispute settlement. A written recommendation only has power if a collective agreement is made and is registered with the PHI to get the power to be implemented. Deliberation to reach a consensus through mediation settlement with a written suggestion as one of the settlement methods in Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement has not been optimally implemented as long as it is not registered with PHI to have permanent legal force.Keywords: Mediation; Pancasila; Industrial Relations Disputes.

The sale and purchase of land rights is usually carried out by means of an agreement or what is known as a land rights sale and purchase agreement. In the case of the transfer of land rights, the formal conditions for the sale and purchase of land rights must be proven by a deed of sale and purchase drawn up by and before an authorized official. Before the sale and purchase agreement is carried out, it is usually done with the initial agreement which the deed is drawn up by a notary. The responsibilities of a notary as a public official include the responsibilities of the notary profession itself which are related to the deed, including, the responsibility of a notary in civil terms for the deed he makes relates to the material truth of the deed. Then regarding joint assets that are sold without the consent of the husband and/or wife, is it possible, and does the notary have any responsibility for that. Then there is a court decision regarding joint assets which legalizes the sale and purchase deed because of the good faith buyer's consideration as stipulated in the Supreme Court Circular Letter No. 7 of 2012. The purpose of this study is to analyze the responsibility of a Notary related to the sale and purchase of joint assets and the legal considerations of judges who decide cases based on a circular letter which is not a general rule but an internal one that is not well known to the public. The research method used is normative, using secondary data obtained from library research including primary, secondary and tertiary legal sources. The responsibility of the notary, namely in making the deed of sale and purchase of joint property, is a civil responsibility, that is, all the regulations regulated in the UUJN only provide sanctions for violations of a formal notary, for example the rules for issuing deed and others. Judges should in deciding a case use general rules that are understood and understood by the community instead of using internal rules from the court itself which are not understood by the community, especially regarding buyers with good intentions.

Debt agreement with land certificate guarantee, the accesoir agreement is a guarantee agreement by way of installation of Mortgage which then for repayment if there is negligence / default, an auction is carried out as regulated in Law Number 4 of 1996 concerning Mortgage but in this case it is actually used as a sale and purchase between debtors and creditors. This may cancel the registration of the transfer of land rights that has been carried out by the Purchaser who was previously the Creditor Party. This study uses a normative juridical research method and uses a statutory approach, a conceptual approach, and a case approach. The data sources used are secondary data sources with primary legal sources, secondary legal sources, and tertiary legal sources. Data analysis in this study is a qualitative analysis method with deductive reasoning logic.The results obtained are that the Deed of Sale and Purchase of land rights based on debts and receivables is considered invalid because it is a form of simulation agreement, which is a continuation of accounts payable which if the collateral is a plot of land then it should be the installation of Mortgage Rights. This is based on Article 1131 of the Indonesian Civil Code and the rules contained in Law Number 4 of 1996 concerning Mortgage Rights. Another thing that happened was that the making of the Sale and Purchase Deed was based on the Sale and Purchase Agreement Deed and the Power of Attorney to Sell which contained legal defects so that it affected its validity. The cancellation of land rights can be carried out by means of an application through the Head of the Regency/City Land Office which is then forwarded to the Head of the Provincial Regional Office as described in Article 125-130 of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Cancellation of State Land Rights and Management Rights which are the Implementing Regulations of Government Regulations Number 24 of 1997 concerning Land Registration.

The peace that has been made by the disputing parties, in the presence of a notary with a notarial deed, is expected to end the dispute, provide legal certainty between those who are in dispute. The peace deed is also expected to provide legal certainty, benefit and provide justice between those who are in dispute and for their future descendants. Thus it will create a calm life, peace and harmony between those who are at odds. However, if the peace deed that has been made between them, especially what has been made before a notary with a notarized peace deed, can then be disputed again, the problem raised in this study is the legal force of the peace deed made by a notary in an effort to resolve civil law conflicts in Indonesia. In the example case of the Gianyar District Court decision No. 54/Pdt.G/2015/PN.Gir. To answer these problems, normative juridical legal research methods are used with prescriptive research methods. The results of the analysis and research are that the binding power of a notarial peace deed in proof is a deed that has the power of a judge's decision at the final level. The peace deed that was made was also useless and violated the sense of justice of the parties who made it in good faith. Of course this will also cause doubts both among the parties and in society. Therefore, understanding and clarity are needed regarding the nature of the peace itself and the binding power of the notarized peace deed in proof in court. Extensive knowledge so that the word published does not cause problems in the future for the parties involved.