A Socio-legal Analysis of the Complexity of Litigating Ancestral Land Rights

2021 ◽  
pp. 247-265
Author(s):  
Willem Odendaal ◽  
Paul Hebinck
Keyword(s):  
Land Rights ◽  
Legal Analysis

scholarly journals Keabsahan Akta PPAT Yang Tidak Ditandatangani Para Saksi (Studi Putusan PN. No.16/Pdt.G/2015/Pn.Krg)

2020 ◽  
Vol 2 (2) ◽  
pp. 57-76
Author(s):  
Valerio Xaverius Tjipto
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
District Court ◽  
Legal Analysis ◽  
Legal Problem ◽  
Land Registration ◽  
Legal Standing ◽  
Legal Effect ◽  
Legal Consequence

ABSTRACT             PPAT Deed is an authentic deed in the case of certain legal actions, especially in the case of transfer of land rights from one party to another party. An authentic deed is a deed made by an authorized official for that, in the place where the deed was made and the format is in accordance with the provisions of the legislation in force. The authentic PPAT deed must be read in front of the parties, and signed by the witnesses and PPAT. The legal standing of witness in the PPAT authentic deed is as an instrument witness who witnessed and knew the making of the PPAT deed and also as evidence to strengthen the PPAT deed was made. If there is a legal problem with the PPAT deed, the instrumentair witness who signed the PPAT deed can be asked for information relating to the implementation of the PPAT deed, including information about the presence of the parties who signed the PPAT deed before the PPAT and the witnesses. The problem in this research is how the legal arrangement of witnesses in the PPAT deed, How is the legal effect on the PPAT deed whose signature was carried out in the presence of two witnesses and How is the legal analysis considered by the Panel of Judges in the Karanganyar District Court Decision No. 16 / Pdt.G / 2015 / PN.Krg.             This type of research is empirical juridical research, in which the approach to the problem is carried out by reviewing the implementation of PPAT obligations based on the applicable laws and regulations in this case are Articles 21 and 22, PP No. 24 of 2016 concerning amendments to PP No. 37 of 1998 concerning PPAT position regulations and this research was also supported by conducting direct interviews with 3 PPAT people whose working area was in Medan City.The results of the study stated that the legal arrangements regarding witnesses in the PPAT deed contained in Articles 21 and 22, PP No. 24 of 2016 concerning amendments to PP No. 37 of 1998 concerning PPAT position regulations, Article 18 paragraphs 3, 4 and 5 of the regulation of the State Minister for Agrarian Affairs / Head of the National Land Agency (BPN) Number 1 of 2006 concerning Provisions for Implementing Government Regulation Number 37 of 1998 concerning PPAT Position Regulations, Article 1895-1912 Civil Code in the description of the criteria for witnesses recognized in making the PPAT deed and Article 37 PP No. 24 of 1997 concerning land registration, the legal consequence of the PPAT deed which was signed before two witnesses was that the PPAT deed was degraded to a deed under the hand, because it contained a formal legal flaw and the legal analysis of the Judge Panel's consideration in the Karanganyar District Court Decision No. 16 / Pdt.G / 2015 / PN.Krg which states that the PPAT has committed acts against the law and the authentic deed has been degraded to a deed under the hand.Keywords: PPAT Law, PPAT Deed, and the Witness Position

scholarly journals The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights

2019 ◽  
pp. 133-148
Author(s):  
Sulistiani Adont ◽  
La Syarifuddin ◽  
Rahmawati Al Hidayah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
District Court ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Provisions ◽  
Valid Evidence ◽  
The Government ◽  
The Right

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

scholarly journals Legal Analysis of the Form Deed of Sale and Purchase Agreements and the Disposal of Land Rights as the Basic Right to Apply Broking Which Has Expired

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 733
Author(s):  
Axel Budi Putra ◽  
Maryanto Maryanto
Keyword(s):  
Qualitative Data ◽  
Land Rights ◽  
The State ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Legal Research ◽  
Research Results ◽  
A Priority ◽  
The Right ◽  
Legal Consequences

The purpose of this study was to analyze: 1) The validity of Deed of Sale and Purchase Agreements form and Release of Land Rights as the foundation for the right over Broking which the period has expired. 2) Barriers and Solutions for the right over Broking which the period has expired. This study is Social Legal research, this study will be presented on the implementation of the deed of waiver to apply transitions and changes in land rights that have expired. Are analytical, because of data obtained was conducted qualitative data analysis.The research results are: 1) the Deed of waiver in this case not only as an authentic act which has been agreed by both parties, but also the legal consequences which are land-status building rights on which the period expires is released into state land and requested back with the new rights by the applicant. Applicant was granted a priority by the state to reapply new rights to the land that is the property that has a definite legal certainty. 2) Constraints that occur is the deed of relinquishment of rights is used as a pedestal right to request building rights that have expired can not start if the deed of release was made prior to the issuance of the Certificate of Registration of Land (SKPT) of the local Land Office,Keywords: Deed; Deed of Release; Broking.

The Racialization of the African-American and Asian-American Citizen: A Comparative Legal Analysis

2019 ◽  
Vol 3 ◽  
pp. 30-41
Author(s):  
Mallory Yung
Keyword(s):  
African American ◽  
Asian Americans ◽  
Asian American ◽  
Model Minority ◽  
Legal Discourse ◽  
Court Cases ◽  
Legal Analysis ◽  
Critical Race ◽  
Social Hierarchies ◽  
American Citizen

The perception of racial tensions in North American settler countries has historically been focused on the Black/White relationship, as has much of the theoretical legal discourse surrounding the concept of “race”. Accordingly, the scope of much critical race scholarship has been restricted such that it rarely acknowledges the racial tensions that persist between different racially-excluded minorities. This paper hopes to expand and integrate the examination of Black and Asian-American racialization that critical race scholars have previously revealed. It will do this by historicizing the respective contours of Black and Asian-American racialization processes through legislation and landmark court cases in a neo-colonial context. The defining features of racialization which have culminated in the ultimate divergence of each group’s racialization will be compared and contrasted. This divergence sees the differential labeling of Asian-Americans as the ‘model minority’ while Blacks continue to be subjugated by modern modalities of exclusionary systems of control. The consequences of this divergence in relation to preserving existing racial and social hierarchies will be discussed in the final sections of this paper.

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