Real Property Jurisprudences (Public Court and State Administrative Court)
Eddy M. Leks
This book’s main contents are compilation of jurisprudences (judicial precedent) commencing as early as 1950s, before the Agrarian Law of 1960 and until the present era in the modern context. The main sources of the compilation of jurisprudences are public court’s and state administrative court’s decisions. Its contents cover land ownership, agreement related to land, agreement related to building, agreement related to land and building, lease arrangement, revocation of land right, land procurement, protection for a good faith party, collateral seizure, fiduciary on land, civil procedure-related issue, and PPAT. Each category is broken down with more detail sections.
This book not only provides compilation of jurisprudences according to their categories but also gives commentaries on the legal rules of many of the jurisprudences so the readers can understand the context of legal rule, its references with the prevailing laws and regulations covered in the legal rule, and its relationship with other legal rule(s). In addition, this book explains the various terminologies used in the compilation along with the list of relevant regulations so that the readers can comprehend the meaning of legal rule better and any of the regulations involved or mentioned in the legal rule by the judges.
By reading this book, one can see that the legal issues on real property in Indonesia are complex. One may not find an absolute uniformity on overall legal rules. It must be seen on a case-by-case basis. By understanding the legal rules, the government can also use them to issue or enact new rules and regulations to remedy the existing defects or loophole in the applicable laws and regulations.