scholarly journals First-Time Registration of Ownership of Land Obtained Through Sale and Purchase under the Hand Whose Proof of Ownership Is Lost

2019 ◽  
Vol 6 (2) ◽  
pp. 671
Author(s):  
Bintang Uswatun Hasanah ◽  
Any Suryani ◽  
Widodo Dwi Putro
Keyword(s):  
Land Rights ◽  
Land Registration ◽  
Land Title ◽  
Proof Of Ownership ◽  
The Republic ◽  
The Government ◽  
Sociological Approaches ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
First Time

In practice, people who experience loss of proof of ownership rights over land where in the land title application must provide evidence of information about the land which includes data on physical and physical data. As stipulated in Law No. 5/1960 concerning Regulation on Basic Agrarian Principles article 19 that To ensure legal certainty by the Government registration of land throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations, registration includes one of giving letters - proof of rights, which applies as a strong evidence tool. The problem in this study is how is the validity of buying and selling rights to land carried out under the hands? and how is the registration process the first application for ownership of land to land whose proof of ownership is lost? The purpose of this study was to determine the validity of the sale and purchase of land rights carried out under the hand, and to find out the process of registering the transfer of land rights at the Bima City Land Office whose proof of ownership was lost. This research has benefits both academically and practically. The research used in this study is Empirical Law research and the approach in this study is the Legislative, Conceptual, and Sociological approaches. The process of buying and selling land under the hands carried out before the Head of Village / Lurah and witnesses is valid because the buying and selling conditions have been fulfilled according to Law Number 5 Year 1960 concerning Agrarian Principal Regulations. The first application for land registration in Bima City whose proof of ownership is lost in practice can still be registered.

scholarly journals Problematic Issuance of Land Rights Certificate

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Moh Ali Wafa
Keyword(s):  
Community Psychology ◽  
Land Rights ◽  
Land Ownership ◽  
Land Registration ◽  
Land Dispute ◽  
Land Disputes ◽  
Proof Of Ownership ◽  
The Government ◽  
Ownership Rights ◽  
The Village

Many people who have not registered ownership rights so that they have no protection andlegal certainty due to several factors: First, factor of land ownership history. Second,community psychology. Third, weakness of land registration rules. Fourth, executorimplementation, intervention BPHTB legislation and other fees. Fifth, the mechanism ofregistration of land is too expensive for the community both procedure and registration fee.The Solution and effort to minimize the occurrence of land disputes society are: first, bypreventing the land dispute case is not repeated. Second, the government immediatelysocialize what and how the issuance of land certificates and the purpose of certificates. Third,If there is dispute in the court that the object is not certified land, the court notifies the urbanvillage and local BPN to block the transaction or the transition of the land immediately. Fourth,each transaction or transition of land with proof of ownership in the form of girik, the witness inthe transaction should be the Village Head and the BPN officer, and fifth, it is better if there island dispute in the court, at least one judge from land law expert, such as non-academicjudges (academics). DOI: 10.15408/jch.v5i2.7089

scholarly journals Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem

2021 ◽  
Vol 2 (3) ◽  
pp. 651-657
Author(s):  
Nyoman Handytya Wiarsa Putra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Spatial Planning ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
The Republic ◽  
The Government ◽  
Ownership Of Land ◽  
The Village

Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.

scholarly journals URGENSI PENDAFTARAN PADA TANAH YANG BELUM BERSERTIFIKAT

2019 ◽  
Vol 11 (1) ◽  
pp. 91
Author(s):  
Ningrum Ambarsari ◽  
Noor Azizah
Keyword(s):  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Proof Of Ownership ◽  
Agrarian Law ◽  
Ownership Of Land ◽  
First Time

AbstractThe urgency of land registration for the first time on land that has not been certified is intended to realize the orderly administration and legal certainty for landowners. This is because the implementation of land registration will produce a final product that is a certificate as a proof of ownership of land rights. This research aims to determine how the first land registration on land that has not been certified and how obstacles in the first Land registry. This research is expected to make a meaningful contribution. Theoretically, this research is beneficial for the development of legal sciences, especially regarding agrarian law. Keynote: Agrarian, Land Registration, Certified Land. AbstrakUrgensi Pendaftaran Tanah untuk Pertama Kali pada Tanah yang belum Bersertifikat dimaksudkan untuk mewujudkan tertib administrasi dan kepastian hukum bagi pemilik tanah. Hal ini karena penyelenggaraan pendaftaran tanah akan menghasilkan suatu produk akhir yaitu berupa sertifikat sebagai tanda bukti kepemilikan hak atas tanah. Penelitian ini bertujuan untuk mengetahui bagaimana pendaftaran tanah yang pertama kali pada tanah yang belum bersertifikat dan bagaimana kendala – kendala dalam Pendaftaran tanah yang pertama kali. Penelitian ini diharapkan dapat memberikan kontribusi yang sangat berarti. Secara teoritis penelitian ini bermanfaat untuk kepentingan pengembangan Ilmu hukum, khususnya mengenai Hukum Agraria. Kata Kunci: Agraria, Pendaftaran Tanah, Sertifikat Tanah

scholarly journals The Regulation of Ownership of Agricultural Land Rights that Exceeds the Maximum Limit

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 323
Author(s):  
Ana Rubiyani
Keyword(s):  
Agricultural Land ◽  
Land Rights ◽  
Land Area ◽  
Land Registration ◽  
The Government ◽  
Ownership Rights ◽  
And Control ◽  
Maximum Limit

Land is a form of gift given by God, but human has given brain to think the challenges of live like the land problems, so that the government tries to regulate it properly. The problems in this thesis are: 1) How to regulate ownership of agricultural land rights that exceeds the maximum limit based on Act No. 56 (Prp) of 1960 concerning the Determination of Agricultural Land Areas? 2) How is the action taken by the Land Office towards ownership of agricultural land rights that exceeds the maximum limit? The method used is juridical empirical, with descriptive analytical specifications. The method used in this research is an empirical juridical approach. The results of this study are: (1) The regulation of ownership of agricultural land rights that exceeds the maximum limit is based on Act No. 56 (Prp) of 1960, namely that the provisions regarding land restrictions state that the application for ownership rights as referred to in Article 4 paragraph 1 of Act No. 56 (Prp) 1960 was limited to a maximum land area of 2000 m2. 2) The steps of the Land Office in implementing Act No. 56 (Prp) of 1960, namely the need for a concept of supervision and control over control of land rights, given the various problems that often arise such as in land registration activities.

scholarly journals Legal Protection for Village Communities Against Land Rights in the Construction of a National Strategy Project Through a Complete Systematic Land Registration System (Study of Pasuruan District Land Registration)

2021 ◽  
Vol 8 (7) ◽  
pp. 48
Author(s):  
Ratna Biraeng Kumalasari
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Third Party ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Community Needs ◽  
Village Communities ◽  
The Republic ◽  
The Government

In this study using normative legal research. Policies related to land are required to guarantee legal certainty and certainty of land ownership rights by every person (individual) or by legal entities. So the community needs to register land in order to obtain a certificate of land rights which serves as a strong means of proof of ownership of land rights by someone. Meanwhile, Article 19 paragraph (1) of the Basic Agrarian Law states that to ensure legal certainty by the Government, land registration is held throughout the territory of the Republic of Indonesia. This is done so that land owners can obtain legal certainty for the land they have owned, and it’s intended that rights holders obtain valid evidence in the form of certificates as a strong means of proof as holders of rights to the land they own. Starting from the description above, the researcher can provide several aspects of the study, including: First, the Complete Systematic Land Registration (PTSL) target is so large that it’s not an easy job for the Pasuruan Regency land office, which has 29 State Civil Servants, assisted by 63 non-government employees, due to the limited number of existing staff, the implementation of the Complete Systematic Land Registration (PTSL) land office in Pasuruan Regency involves; 1. The private sector as a third party helping 20,200 fields for measurement and mapping activities, 2. Community participation in assissting Complete Systematic Land Registration (PTSL) in village locations for 10,100 respectively, and 29,700 fields carried out and carried out by the Pasuruan Regency Land Office ASN.

scholarly journals Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

2021 ◽  
Vol 6 (2) ◽  
pp. 217
Author(s):  
M. Syuib ◽  
Sarah Diana Aulia
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Legal Certainty ◽  
Large Area ◽  
Land Registration ◽  
Land Dispute ◽  
Land Disputes ◽  
Legal Uncertainty ◽  
The Government ◽  
Ownership Of Land

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.

scholarly journals PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA.

2019 ◽  
Vol 5 (1) ◽  
pp. 133-146
Author(s):  
Cornelia Junita Welerubun
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
Land Dispute ◽  
The Law ◽  
The Government ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
The Relationship

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

scholarly journals Penyelesaian atas Sertipikat Tanah Ganda Menurut Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah (Studi Putusan: Putusan Mahkamah Agung Nomor 1537 K/PDT/2018)

2019 ◽  
Vol 2 (1) ◽  
pp. 1214
Author(s):  
Vanesia Hendrika Elvina ◽  
Hasni Hasni
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
District Court ◽  
Positive System ◽  
Legal Certainty ◽  
Land Registration ◽  
High Court ◽  
Strength Of Evidence ◽  
Ownership Of Land ◽  
First Time

The purpose of implementing land registration is to provide legal certainty and legal protection. The Agrarian Law that is used in Indonesia adheres to a negative system that is tied to a positive system. The land registration activity for the first time produced proof of rights, in the form of certificates as a means of proof of land rights. Certificate as a strong proof of rights means that physical data and juridical data in a certificate have the strength of evidence and must be accepted as true information, as long as it is not proven otherwise with other evidence in the form of certificates or other certificates. In Subari’s case, there was a double land certificate in the same plot of land. Subari has the ownership of land rights that is got from his parents and from purchasing with two buffaloes. But, there are other people who dominate the land that is belong to Subari and they also have the certificate to proof their ownership of the land rights. Settlement of multiple land certificates can be done through the Court, to obtain legal certainty that the certificate of ownership of land rights which has stronger evidence is based on evidence. The district court ruled that ownership of land rights belonged to Subari, and this decision was reinforced by high court and a Supreme Court.[F1]  [F1]Paragarf single

scholarly journals Permanent Grant of Land Certificate for Adat People, is it Possible?

2021 ◽  
Vol 10 ◽  
pp. 1245-1255
Author(s):  
Yusuf Zamil ◽  
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Positive System ◽  
Registration System ◽  
Legal Entity ◽  
Land Registration ◽  
The Government ◽  
Ownership Of Land ◽  
Legal Entities

Adat peoples mean the original inhabitants or the first inhabitants of a country or the earliest population's descendants lived in the area. All this time, adat people in Indonesia have always been marginalized and banished from their homeland. Companies that acquired investment permits from the government often dismiss the adat peoples for their interests. This dismissal occurs due to the absence of proof for the collective land ownership (ulayat land), which is used and utilized collectively and communally. This article discusses the possibility of permanently grant the land certificates to provide legal protection for the adat peoples. Granting a certificate of land rights is possible if the government changes the land registration system from the negative to the positive system (torrens system). Adat peoples may acquire land certificates if they are considered as a legal entity. According to Indonesian law, only individuals or legal entities can register ownership of land. To make adat people a legal entity is by making regulations by the Minister of Agrarian and Spatial Planning which states that adat people in certain areas who have met the requirements are declared as legal entities.

scholarly journals KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH

2019 ◽  
Vol 2 (1) ◽  
pp. 462
Author(s):  
Emerlanda Leticia ◽  
Hasni Hasni
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Land Rights ◽  
Legal Issues ◽  
Property Ownership ◽  
Land Registration ◽  
Proof Of Ownership ◽  
The Right ◽  
Ownership Rights ◽  
Legal Consequences

The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.

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