Problematika Pembatalan 605 Sertifikat Tanah Dalam Kawasan Otorita  Batam  ( Studi Putusan Ptun Tanjung Pinang No : 15/G/2014/PTUN - TPI )

Certificates of land rights provide legal certainty to the holders. However, it is possible to file a claim by the party who feels disadvantaged which can result in the cancellation of the certificate. The purpose of this writing is to find out and analyze the reasons for certificates issued by the Batam City Land Office were prosecuted and canceled by PTUN, legal certainty for holders of land certificates whose certificates were canceled, and follow-up from the Batam City Land Office for cancellation of the certificates with court decisions. The method of approach of this research is socio-legal, the subject is PTUN Decision Number: 15/G/2014/PTUN-TPI and the object is legal certainty for holders of land certificates whose certificate is canceled by the court decision. Methods of collecting data were with primary data and secondary data. The results of the research show that the land certificate issued by the Batam City Land Office was brought to the court and canceled due to the illegal transfer of rights to the land of the Himpunan Pengusaha Kecil Pribumi (HPKP) to the Koperasi Usaha Melayu Raya, there is no legal certainty for holders of land certificates whose certificate was canceled with the court decision, as well as the follow-up to the Batam City Land Office was to carry out a court decision if an application had been made by the party who won, namely HPKP.Keywords: Legal Certainty, Cancellation, Certificate Of Land Rights.ABSTRAKSertifikat hak atas tanah memberikan kepastian hukum kepada para pemegangnya. Namun, terbuka kemungkinan diajukan gugatan oleh pihak yang merasa dirugikan yang dapat berakibat pada pembatalan sertifikat. Penulisan ini bertujuan untuk mengetahui dan menganalisis alasan sertifikat yang dikeluarkan oleh Kantor Pertanahan Kota Batam diperkarakan dan dibatalkan oleh PTUN, kepastian hukum bagi pemegang sertifikat tanah yang sertifikatnya dibatalkan, dan tindak lanjut Kantor Pertanahan Kota Batam terhadap pembatalan sertifikat dengan putusan pengadilan. Metode Pendekatan penelitian ini adalah socio-legal, subyeknya Putusan PTUN Nomor: 15/G/2014/PTUN-TPI dan obyeknya kepastian hukum bagi para pemegang sertifikat tanah yang sertifikatnya dibatalkan oleh putusan pengadilan. Metode pengumpulan data dengan data primer dan data sekunder. Hasil penelitian menujukkan alasan sertifikat tanah yang dikeluarkan oleh Kantor Pertanahan Kota Batam diperkarakan dan dibatalkan oleh PTUN adalah karena terjadi peralihan hak yang tidak sah atas lahan Himpunan Pengusaha Kecil Pribumi (HPKP) kepada Koperasi Serba Usaha Melayu Raya, tidak ada kepastian hukum bagi pemegang sertifikat tanah yang sertifikatnya dibatalkan dengan putusan pengadilan, serta tindak lanjut Kantor Pertanahan Kota Batam adalah melaksanakan putusan pengadilan bila telah dilakukan permohonan oleh pihak yang dimenangkan yaitu HPKP. Kata Kunci: Kepastian Hukum, Pembatalan, Sertifikat Hak Atas Tanah.

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Realization of res judicata principle in civil proceedings: the experience of foreign countries

Law Review of Kyiv University of Law ◽

10.36695/2219-5521.1.2020.44 ◽

2020 ◽

pp. 220-225

Author(s):

Tetiana Tsuvina

Keyword(s):

Common Law ◽

Civil Law ◽

Civil Procedure ◽

Court Decision ◽

Court Decisions ◽

Legal Certainty ◽

Res Judicata ◽

Foreign Countries ◽

Negative Effect ◽

The Subject

The article is devoted to the analysis of res judicata as an essential element of the legal certainty. Res judicata is considered to be one of the main guaranties of the legal certainty principle in civil procedure which allows a stability of the court decisions in democratic society and increase the public confidence to judiciary. The author analyzes national characteristics of the realization of the principle of res judicata in civil procedure of foreign countries. The author explores the preclusion effect of court decisions, highlighting two effects of the res judicata principle: positive and negative one. The negative effect of res judicata is aimed at preventing the re-consideration of identical disputes between the parties if the dispute has already been resolved by the court, in turn, the positive effect of res judicata allows the parties to refer to circumstances that have already been established by a court decision in the dispute between them, in new proceedings, where they are involved. It is concluded that there are significant differences in the understanding of this principle in common law and civil law legal systems. The common law countries have a broad understanding of the res judicata principle, which includes positive and negative effects, and is implemented through such institutions as the claim preclusion and the issue preclusion. Civil law countries follow a narrow approach to understanding of res judicata principle, which is limited only by the negative effect and is reflected in the claim preclusion, which blocks filing an identical claim if there is a final court decision on the dispute between the parties. In common law jurisdiction there is a wider conception of the “claim”, according to which it is understood in the context of entire dispute and comprise all claims based on the legal relationship between the parties, whether or not they were the subject of court proceedings. At the same time in civil law countries identity of the claims can be notified with the help of the triple identity test, which contains the identity of the subject of the claim, the identity of the cause of action and the identity of the parties of the claim.

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PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

UNES Law Review ◽

10.31933/unesrev.v3i1.144 ◽

2020 ◽

Vol 3 (1) ◽

pp. 40-54

Author(s):

Donald Andrean

Keyword(s):

Task Force ◽

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Field Studies ◽

Primary Data ◽

Legal Certainty ◽

Land Registration ◽

City District ◽

The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

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Returning the Name of Certificate of Property Right based on Judge Decision in the Regency Indragiri Hulu, Riau Province

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v8i8.2907 ◽

2021 ◽

Vol 8 (8) ◽

pp. 263

Author(s):

Hendra Roza ◽

Kurnia Warman ◽

Muhammad Hasbi

Keyword(s):

Competent Authority ◽

Land Rights ◽

Court Decision ◽

District Court ◽

Court Decisions ◽

Legal Certainty ◽

Land Registration ◽

Land Transactions

In order to support land registration in accordance with the rule of law, it is necessary to take legal action that can be useful for people who want to transfer names to land transactions such as buying and selling grants and others, so as to provide legal certainty in society, and the names of people. which has obtained land can be listed in the certificate, one of the changes in the name of the land certificate can occur due to a court decision, where the applicant can request the court to order the Land Office to change the name of the applicant, therefore it is necessary to see how the mechanism of transfer of name is court ruling. In this study, the formulation of the problem is formulated, namely: 1. How is the process of changing the name of the certificate of title to land based on the judge's decision in the Indragiri Hulu district, Riau province, case study number: 42/Pdt.G/2017/PN.Rgt? 2. What is the Mechanism of Registering Land Rights Based on the Judge's Court Decision? The theory used in this research is the theory of legal certainty and the theory of authority. The method used in this thesis is a normative juridical approach, the data sources are primary, secondary and tertiary legal materials. The results of the research obtained are that the procedure for the transfer of title to ownership certificates 42/Pdt.G/2017/PN.Rgt at the Land Agency Office of Indradiri Regency, namely: takes 20 days. The mechanism for registering land rights based on court decisions, in this case district court decisions, is more casuistic in nature and depends on the court's decision itself. The interpretation of the competent authority is needed in making decisions regarding the determination of procedures (Issuance, Transfer and/or cancellation of rights) and the legal basis used (PP No. 24 of 1997 or Regulation of the Head of BPN No. 3 of 2011) to carry out land registration based on the court's decision , while the registration of land rights based on the Decision of the State Administrative Court is simpler and more focused than the registration of land based on the Decision of the District Court (Civil).

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PERALIHAN HAK ATAS TANAH ABSENTE KARENA WARIS (STUDI KASUS DI KANTOR ATR/BPN KABUPATEN KENDAL YANG DOMISILI AHLI WARIS BERADA DILUAR WILAYAH KECAMATAN )

Jurnal Akta ◽

10.30659/akta.v4i2.1790 ◽

2017 ◽

Vol 4 (2) ◽

Author(s):

Ika Rahma Wanti ◽

Munsyarif Abdul Chalim

Keyword(s):

Agricultural Land ◽

Legal Protection ◽

Secondary Data ◽

Land Rights ◽

Primary Data ◽

Legal Certainty ◽

Land Owners ◽

The Right ◽

Rights Transfer ◽

District Work

The law states that if a person has an excess of absent land then the land must be released or the sanction will be imposed. In fact, although this prohibition applies, the ownership or control of agricultural land in absente or drags is found in many sub-districts in kendal district, in the kendal district, there are many owners of agricultural land owned by persons or legal entities that are not only outside the kecamatan but sometimes Outside areas such as, Semarang city, and even those who are domiciled outside the province.The problems studied in this study are as follows: (1) how the concept of transition of absente land rights due to the heirs whose domicile heirs are outside the district area, (2) how the legal protection for the heirs of absente land owners who live outside District area.This study uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate the following: (1) The ownership of Asbsentee land rights due to inheritance issues the right to the heirs to obtain the rights to the absentee land, and for the transition of absentee land to legal certainty, (2) Protection for the heirs of land owners Absentees residing outside the sub-district may occur if the inheritance has been in accordance with the legislation in the true sense of being the heir of the absentee landowner and the heirs residing outside the sub-district work on their own farmland.Keywords: Absente Land / Guntai, Heirs, Land Rights Transfer.

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The Implementation Of Boundary Marks Obligations For Land Ownership Rights Based On Pp No 24 Of 1997 As One Of The Facilities Of Legal Certainty Provision In Kudus

Jurnal Akta ◽

10.30659/akta.v5i2.3087 ◽

2018 ◽

Vol 5 (2) ◽

pp. 357

Author(s):

Lucky Wahyu Andriyanto ◽

Amin Purnawan

Keyword(s):

Secondary Data ◽

Land Rights ◽

Primary Data ◽

Boundary Line ◽

Legal Certainty ◽

Land Registration ◽

Land Owners ◽

Approach Method ◽

The Right ◽

Ownership Rights

In order to ensure certainty of land rights and certainty, the UUPA has outlined the necessity to carry out land registration throughout Indonesia. One of the land registration activities is the land measurement with the obligation to install boundary line markers for land owners, in order to avoid land disputes in the later days. The approach method was done by social jurisdiction by using primary data and secondary data. The data were gained through interview and library method, then they were analyzed qualitatively. The results of the discussion indicate that (1) the implementation of the obligation to install the land boundary line is done by the holder of the land right with the approval of the neighbors land holder who is bordered by the village apparatus or device and the legal consequences can cause the land dispute (2) provide legal certainty to the holder of the land rights (3) The obstacles faced are the absence of the holder of the land right and the need for the presence of the right holder in accordance with the timing of the installation of the land boundary.Keywords: Land Registration; Legal Certainty; Installation of Land Border Marks

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Supporting 21st-Century Learning by Providing Educational Infrastructure in the Form of Land: Legal Perspective

Tadris Jurnal Keguruan dan Ilmu Tarbiyah ◽

10.24042/tadris.v6i1.8638 ◽

2021 ◽

Vol 6 (1) ◽

pp. 163-170

Author(s):

Zefrizal Nurdin

Keyword(s):

21St Century ◽

Secondary Data ◽

Land Rights ◽

Primary Data ◽

Land Registration ◽

Library Research ◽

Legal Perspective ◽

Library Studies ◽

The Status ◽

The Subject

Land as school infrastructure is often neglected in the certification process. This research emphasized that school land certification is essential and whether it automatically includes authority over everything on it, what land rights can be given to the school, and how it is carried out. This research used the normative juridical research method by leaning on empirical research. Secondary data taken from library research dominates this research. The data was obtained through document studies or library studies. Furthermore, some primary data was obtained through observations. Land certificates is a piece of solid evidence to ascertain the rights of the education provider as the subject of rights so that they can defend their rights from claims by other parties. However, it does not automatically cover all authority over what is on the land because it is a part of the horizontal separation principle. School land can have the status of State land and can also have four types of land rights owned by the education providers, namely Freehold Title, Building Right Title, Cultivation Right Title, and Mortmain (Waqf) right. The rights can be obtained through sporadic registration or complete systematic land registration. The availability and readiness of facilities and infrastructure are essential in 21st-century education and learning because they will significantly affect learning.

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PENYELESAIAN SENGKETA BISNIS MELALUI PENGADILAN NIAGA

PRANATA HUKUM ◽

10.36448/pranatahukum.v14i1.162 ◽

2019 ◽

Vol 14 (1) ◽

pp. 65-79

Author(s):

Meita Djohan Oelangan

Keyword(s):

Integrated Circuits ◽

Intellectual Property Rights ◽

Research Method ◽

Secondary Data ◽

Trade Agreements ◽

Layout Design ◽

Legal Certainty ◽

Business Cases ◽

The Subject ◽

Research Show

ABSTRAK The Commercial Court in the Settlement of Business Disputes Linked to the Principle of Legal Certainty As an Effort to Develop the Indonesian Judicial System at this time still needs to be considered to what extent its authority. From this background the problem that is the subject of the research is how is the Commercial Court's authority in resolving business disputes given the lack of clarity about the object of commercial matters that can be handled by the Commercial Court? The research method used is a normative juridical research method through a legislative approach. With data sources namely secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The collected data is analyzed qualitatively. The results of the research show that the authority of the Commercial Court in addition to bankruptcy and other commerce currently being examined is intellectual property rights namely Industrial Design, Layout Design of Integrated Circuits, Patents, Trademarks and Copyright while business disputes are submitted to the Commercial Court which are not regulated by law The law is a case relating to banking, trade agreements, consumer protection, insurance, corporate, transportation and capital markets. As a suggestion the authority of the Commercial Court should be clearly specified in the category of business cases and constitute the absolute competence of the Commercial Court and the Commercial Court to be established throughout the Capital of the Province.

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THE USE OF COMMUNITY LANGUAGE LEARNINGMETHOD TO IMPROVE STUDENTS’ SPEAKING ACHIEVEMENT

GENRE Journal of Applied Linguistics of FBS Unimed ◽

10.24114/genre.v4i1.3956 ◽

2015 ◽

Vol 4 (1) ◽

Author(s):

Eko Widoyo Putro ◽

Berlin Sibarani

Keyword(s):

Language Learning ◽

Secondary Data ◽

Primary Data ◽

Second Grade ◽

Learning Method ◽

Field Notes ◽

The Subject ◽

The Mean ◽

Method Improvement ◽

Community Language

This study is aimed at improving the second grade of students’ speakingachievement by using Community Language Learning (CLL) Method. Theresearch was conducted by applying classroom action research. The subject of this study was second grade of Private Senior High School (Sekolah Menengah Atas Swasta) of Dwi Tunggal Tanjung Morawa which consisted of 31 students. To collect the data, the instruments used were primary data (SpeakingTest) and secondary data (interview sheet, observation sheet, field notes). It can be seen from the score in test I, test II and test III. In the Test I, the mean of the students’score was (64.77), in the Test II was (71.35), and the mean of the students’ score of the Test III was (80.90). Based on the interview, and observation sheet, it shows that the expression and excitement of the students got improved as well. It was found that teaching of speaking by using Community Language Learningcould significantly improve students’ speaking achievement.Key Words: Community Language Learning, Method, Improvement, Speaking Achievement

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THE APPLICATION OF PREVIEW, READ, WRITE, AND RECITE (PRWR) METHOD TO IMPROVE STUDENT’S ACHIEVEMENT IN READING RECOUNT TEXT

10.24114/reg.v3i2.1128 ◽

2014 ◽

Vol 3 (2) ◽

Author(s):

Rahmat Nasution And Rahmah

Keyword(s):

Secondary Data ◽

Analysis Data ◽

Primary Data ◽

Average Score ◽

First Year ◽

Generic Structure ◽

The Subject ◽

Minimum Criteria ◽

Main Ideas ◽

Orientation Test

The objective of this research is to find out whether the application Preview, Read,Write, and Recite (PRWR) method improve student’s achievement in readingrecount text. This research applied classroom action research model. This studywas done in six meetings. The subject of this study was first year of SMAN 1Delitua. Primary data were collected by giving 20 questions of multiple-choicetest, the aspects contained in the tests focused on generic structure, main ideas,factual information, and Secondary data were collected by (interview, observationsheet, and questionnaire sheet. Based on analysis data, it was found that thestudent’s achievement improved. It could be seen from the comparison of result inthe orientation test and the cycle test I and II. There were only 9 students who hadpassed minimum criteria KKM in orientation test (75). The improvement showedthat in cycle I and II, based on the total average score it was 16 (42,4%) up to 26(78,7%) in cycle II, The secondary data gathered from interview, observationsheet, and questionnaire sheet, showed that students’ expression and enthusiasticalso improved. Thus, it was found that the applications of Preview, Read, Write,and Recite (PRWR) method in process of teaching improved students’achievement in reading recount text. It is suggested that English teachers applyPRWR method in teaching reading recount text.

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Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v5i1.2331 ◽

2020 ◽

Vol 5 (1) ◽

pp. 22

Author(s):

Yogi Maron ◽

Ismansyah Ismansyah ◽

Azmi Fendri

Keyword(s):

Legal Theory ◽

Secondary Data ◽

Land Rights ◽

The State ◽

Land Acquisition ◽

District Court ◽

Primary Data ◽

Prison Sentence ◽

Ethics Code

As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli Satria Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1.946.701.050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200.000.000 (two hundred million rupiahs).

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