Analysis of Judges' Legal Considerations Against the Sale of Joint Assets Without the Wife's Agreement in the Study of Positive Law in Indonesia
Keywords:Responsibilities of Notaries, Joint Assets, Circular of the Supreme Court
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.
Joulfaian, D., & Wilhelm, M.O. (1994). Inheritance and Labor Supply. The Journal of Human Resources, 29(4). Special Issue: The Family and Intergenerational Relations, 1205-1234.
Notodisoerjo, R.S. (2010). Notary Law in Indonesia An Explanation. Jakarta: Rajawali Press.
Tobing, G.H.L. (1996). Regulation of the Position of Notary. (3nd ed.). Jakarta: Erlangga.
I Gusti Ayu Ria Rahmawati, I Nyoman Putu Budiartha, & Ni Gusti Ketut Sri Astiti. (2020). Notary Responsibilities of Authentic Deeds Made Regarding Retirement Periods. Journal of Legal Construction, 1(2), 220-234
Prajitno, A.A.A. (2010). Practical Knowledge of What and Who is a Notary in Indonesia Surabaya: Putra Media Nusantara.
Trijono, Rachmat. (2014). Fundamentals of Legal Science. Depok City: Papas Sinar Sinanti.
Asshiddiqie, Jimly. (2007). Principles of Post-Reform Constitutional Law. Jakarta: PT Buana Popular Sciences.
Qomar, Nurul. (2020). Position of Jurisprudence in the Indonesian Legal System. The Journal of Legal Studies, 1(2),115-116
Hotman, P. Sibuea. (2010). Principles of the rule of law, Policy Regulations, Erlangga. New York.
Jimly asshiddiqie, Regarding Law, Rajawali press. (2010). Jakarta.
Khairandy, R. (2004). Good Faith in Freedom of Contract. Jakarta: UIPress.
Subekti, R. (2014). Various Agreements. Bandung: PT Aditya Bakti.
Widjajanti, E. (2010). Good Faith in Buying and Selling Land. Scientific Journal of Al-Qist Law, 11(1). 20-45.
Muhammad Faisal. (June, 2015). The Legal Protection for a Good Faith Buyer Under a Court Decision, Yogyakarta. Journal of Mimbar Hukum, 27(2), 368. https://doi.org/10.22146/jmh.15892.
Dwi Putro Widodo, Zuhairi Ahmad, Salam Syukron, & Lestari TL Elisabth. (2016). Buyers in Good Faith in Civil Disputes with Land Objects. Jakarta: LeIP.
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