scholarly journals Standing of Mortgage Rights on Cultivation Rights That Have Been Determined as Deflanded Land in Solok District

Author(s):  
Alvin Rachman Putera ◽  
Yuslim Yuslim ◽  
Hengki Andora

Cultivation Right are rights to exploit land which is directly controlled by the state for agricultural, fishery or livestock companies for a period of time. One of the reasons for the removal of the cultivation right was because it was neglected. cultivation rights is one of the land rights that can be used as collateral for debt and encumbered with mortgage rights. The write-off of the mortgage rights because the write-off of land rights that are encumbered with a security right does not cause the guaranteed debt to be written off. In practice, the abolition of the cultivation right which is being subject to mortgage rights due to a decision to determine abandoned land creates confusion regarding the repayment of debts between the debtor (PT. Karatau Limo Sajati) and the creditor (PT. Bank Rakyat Indonesia Tbk.) And the difficulty of utilizing the former cultivation right object which is has been designated as abandoned land. The problems in this research are 1) how is the process of controlling cultivation right as an object of abandoned land in Solok Regency ? 2) what is the position of the mortgage rights above the cutivation rights which has been designated as abandoned land in Solok Regency ? 3) how is the utilization of the ex-cultivation rights land on which a mortgage has been imposed after it has been designated as abandoned land in Solok Regency ? The approach method used is juridical empirical, the nature of the research is descriptive analytical, the research data used is in the form of primary data, namely through interviews with sources and literature study to obtain secondary data. The data is processed systematically and analytically. The results showed that 1) the control process of PT. Karatau Limo Sajati as an abandoned land object which is carried out by means of inventory, identification and research, warnings, the proposal to determine abandoned land and the determination of abandoned land can actually be canceled through a lawsuit to the PTUN based on the weaknesses in the warning process. 2) the position of the mortgage over the cultivation rights which has been designated as abandoned land has been abolished, but the abolition of the mortgage because the termination of the land title does not cause the guaranteed debt to be canceled and subsequently the debtor's debt repayment is regulated in Articles 1131 and 1132 of the KUH Perdata. 3) The utilization of the ex-cultivation rights land on which a mortgage is imposed after it is designated as abandoned land is subject to a delay from BPN RI.

2020 ◽  
Vol 3 (1) ◽  
pp. 131
Author(s):  
Lilik Eko Sukaryono ◽  
Amin Purnawan

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late.�Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.


2018 ◽  
Vol 7 (4) ◽  
pp. 432-446
Author(s):  
Assafrul Ali Adhim ◽  
Etty Soesilowati

Tujuan penelitian ini untuk mengetahui pola rantai distribusi perikanan, margin keuntungan setiap pelaku tata niaga perikanan, dan mencarikan model distribusi alternatif untuk perikanan tangkap laut di Kabupaten Kendal. Metode yang digunakan yaitu pendekatan deskriptif kuantitatif guna untuk mengetahui pola rantai distribusi perikanan, margin pemasaran, dan penentuan model distribusi alternatif. Jenis data yaitu data sekunder, dan data primer yang di ambil langsung dari 93 nelayan, 50 pedagang pengecer, 35 pedagang sedang, dan 10 pedagang besar. Teknik pengumpulan data yang digunakan yaitu interview, kuesioner, observasi, dan studi pustaka. Hasil dalam penelitian ini yaitu sekurang-kurangnya terdapat tiga pola distribusi namun hanya ada dua pola yang paling dominan yaitu pola pertama: nelayan ke pedagang sedang ke pedagang besar ke pabrik atau pasar tradisional. Pola yang kedua yaitu nelayan ke pedagang sedang ke pedagang pengecer ke konsumen akhir. Margin pemasaran untuk Cumi-cumi tertinggi terjadi pada pedagang besar (21%), Pedagang sedang (8,6%), dan pedagang pengecer (5,7%). Udang tertinggi pada pedagang besar (13,7%), pedagang sedang (5%), pedagang pengecer (3,9%). Ikan Kembung tertinggi pada pedagang besar (31%), pedagang pengecer (11%), pedagang sedang (9%).     The purpose of this research is to know the pattern of fishery distribution chain, profit margin of every fishery trading actors, and to find alternative distribution model for marine catch fishery in Kendal Regency. The method used is quantitative descriptive approach in order to know the pattern of fishery distribution chain, marketing margin, and the determination of alternative distribution model. The types of data are secondary data, and primary data taken directly from 93 fishermen, 50 retailers, 35 medium traders, and 10 wholesalers. Data collection techniques used were interview, questionnaire, observation, and literature study. The result of this research is that there are at least three distribution patterns but there are only two most dominant patterns, namely the first pattern: fishermen to medium traders to wholesalers to factories or traditional markets. The second pattern is the fisherman to the merchant is to the retailer to the end consumer. The highest marketing margin for Squid occurred in wholesalers (21%), Traders (8.6%), and retailers (5.7%). The highest shrimp on wholesalers (13.7%), medium traders (5%), retailers (3.9%). The highest stocks were in big traders (31%), retailers (11%), traders (9%).


2017 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Iga Santi

This paper aims to examine non-physical loss in land procurement based on justice value. This study was conducted considering many problems arising from the current phenomenon in which people of Indonesia have not got their rights fairly. Whereas in the mandate of Constitution Article 33 of the 1945 Constitution states that the earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. The primary data was obtained from direct interviews with related parties, while secondary data were obtained from literature study. The result shows that people's behavior is strongly influenced by the culture exists in society. The culture of society includes religious values and social values. Government recognition by paying attention to the values in society in the determination of non-physical compensation will prevent prolonged conflicts that occur in the process of land acquisition for the public interest, and there are still many articles that need to be reviewed that immediately review the Article 33 letter f, Article 42 Paragraph 1 jo Article 43 UUPT Year 2012 to better reflect justice for eligible citizens and communities affected by development for the public interest.


2021 ◽  
Vol 6 (1) ◽  
pp. 18
Author(s):  
Ansella Rambu Mosa ◽  
Hariyanto Susilo

This study aimed to describe the procedures for implementing land consolidation programs and analyzing legal protections for land rights holders who were harmed in land consolidation programs. The approach used in the research was sociological juridical, with a type of empirical juridical research. Data sources came from data obtained directly from the public or commonly referred to as primary data and other data obtained from library materials or commonly referred to as secondary data. The procedure of implementation of the land consolidation program was carried out through several stages, namely the selection of location and area of the location, socialization, the creation of agreement letters and declarations of the release of land rights, inventory, and the issuance and delivery of certificates. Legal protection for land rights holders who were harmed in the land consolidation program was guided by Article 18 of the Constitution, which stated that landowners were entitled to appropriate compensation if in the implementation of the land consolidation program found burdensome things even cause losses.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 583
Author(s):  
Bondan Zakaria Bushido ◽  
Gunarto Gunarto

The purpose of this study was to determine and analyze Notary authority in Providing Legal counseling in terms of Act No. 2 of 2014 on Amendment of Act No. 30 of 2004 concerning Notary and Notary Code. And to analyze Obstacles and Solutions for a Notary in Role Gives Legal counseling.This study uses empirical juridical approach, the specification is descriptive analytical research, data sources used in the form of primary data obtained through interviews, secondary data with the literature study, qualitative analysis. The problem is analyzed using the theory of Authority and Accountability.Based on the results of this study concluded that 1) Notary authority in providing Legal counseling to Its clients can be divided into two (2) Criteria, namely a) Legal counseling followed by Creation Deed and b) Legal counseling without being followed by Creation Deed. 2) The obstacles in conducting Legal counseling, namely a) Effect of Kinship properties, b) Effect of Position, c) Influence of Consumerism, d) Profession into Business Activity, e) Due to Weak Faith. Solutions to resolve impediments in doing Notaries Legal counseling Legal counseling is doing that is not followed by Creation Deed.Keywords: Notary authority; Legal counseling.


2020 ◽  
Vol 3 (1) ◽  
pp. 9
Author(s):  
Isyadora Islami Salma ◽  
Rakhmat Bowo Suharto ◽  
Widayati Widayati

This study aims to determine how the implementation process of adoptions that occurred in the Religious Court of Semarang, and what is the reason for the judge to give authority to the prospective adoptive parents. In answer to this problem the authors conducted a sociological juridical research, namely by conducting direct research and find data related to this study directly in the field, and also based on legislation regarding adoption. This is to obtain primary data and secondary data, using data collection techniques are observation, interview, and literature study. The data obtained in the analysis using qualitative analytical methods and presented descriptively.Based on the results of research that has been done in the Religious Court of Semarang, we can conclude that 1) the implementation of the adoption of the Religious Court of Semarang is done by people who are Moslem. Filing the petition has been set by the Religious Court of Semarang through 3 stages and was previously submitted to the Department of Social Welfare. 2) Determination of adoption set based on consideration of the judge with reference to the legislation and personal data information provided by the applicant.Keywords: Implementation; Adoption; Religious Court.


2021 ◽  
Vol 9 (1) ◽  
pp. 251-267
Author(s):  
Wahyu Dwi Puriani ◽  
I Gusti Ayu Ketut Rachmi Handayani ◽  
Lego Karjoko

Land certificate is the proof of ownership of land rights. Moreover, the certificate making must implemented with the successive procedure in accordance with UUPA (Basic Agrari-an Law) within the renewal rules that are always updated by government. The determina-tion and stipulation of appropriate limits with the principle of Contradictoire Delimitatie becomes the main key before implementing the land measurement. Because, without a boundary agreement between the land owners adjacent to the registered land, it will be-come a time bomb in the future, lawsuit could arise which results in re-measurement and even the cancellation of the certificate. This research is normative research type (doctrinal research) with statute approach and conceptual approach. This research focuses to the literature study; data which becomes the research source is secondary data. This will give the answer that the mechanism for determining and stipulation boundaries in land registra-tion has applied the principle of safety, so the land owner get the legal certainty of owner-ship of their rights. The law consequence if the determination and stipulation boundaries in land are not accordance with the fact in the field resulting in the absence of legal cer-tainty for the certificate of land rights. Conclusion and suggestion in this research is in determination and determination of land plot boundaries in order to achieve legal certainty must in accordance with PP (Government Regulation) No. 24 of 1997 and PMNA/KaBPN No.3 (Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN) of 1997. Magetan Regency National Land Agency Office before implementing the measurement activities must be more thoroughly in the process of determination of land plot boundary in order to reaches the law certainty so that it can be accounted for.


2018 ◽  
Vol 54 ◽  
pp. 06011
Author(s):  
Dharu Triasih ◽  
B. Rini Heryanti ◽  
Endah Pujiastuti

One of the most significant developments at this time is the online buying and selling transactions. Sellers and buyers do not need face-to-face buying and selling transactions. They only need to have an internet connection that will take them in cyberspace. Until now, there is still a legal vacuum about it in Indonesia. The existence of E-Commerce makes it is necessary to learn about consumer protection in an online sale and purchase agreement. Therefore, there will be no legal dispute that can harm various parties commercially. The approach method used in this study was an empirical juridical approach. This research was conducted in Semarang, Pekalongan, and Magelang. The selection of three cities in Central Java is based on a purposive sampling method. Data were gained by means of an interview, questionnaire, and literature study. Primary data, secondary data. Qualitative analysis. The results showed that the main principle of online transactions in Central Java still prioritized the aspects of trust of sellers and buyers. The principles of online transaction security has not become a major concern for sellers and buyers, especially in small to medium scale transactions.


2018 ◽  
Vol 5 (2) ◽  
pp. 248
Author(s):  
Sundari Sundari ◽  
Ida Ayu Suryasih

Serang Village is one of the tourism village located in Blitar and initiated in 2014. The area of Serang Tourism Village is generally located on land owned by the local communities and Perum Perhutani. But in its management, the Department of Youth, Sport, Culture, and Tourism of Blitar Regency especially tourism sector also become a part of management tourism in Serang Village. It required a synergy between the parts related to the management of the area in Serang Tourism Village. This study aims to determine synergy in the management of the area in Serang Tourism Village. This research is located in Serang Tourism Village, Panggungrejo Subdistrict, Blitar Regency. The data used in this study is qualitative data with the data source in the form of primary data and secondary data. The data were collected using the method of observation, in-depth interview, and literature study. The determination of informants used purposive method. The results show that the total area of Serang Tourism Village is ??928.858 Ha and territorially divided into three (3) territories namely Serang I, Serang II, Serang III. In tourism activities, especially in the area of ??Serang Beach in Serang Tourism Village is located on government land and in this case managed by Perum Perhutani. Synergy in the management of Serang Tourism Village area identified based on several stages, including planning, organizing, directing, and controlling.   Keywords:Tourism Vilage, Synergy, Management, Mapping Of Territories


2021 ◽  
Vol 9 (4) ◽  
pp. 669
Author(s):  
Andika Prasetio Nugroho ◽  
Yaktiworo Indriyani ◽  
Wuryaningsih Dwi Sayekti

This study aimed to determine the decision making, attitudes and factors that affected underprivileged households on buying eggs in Bandar Lampung city. This research was conducted in Teluk Betung Timur. The research method used in this research was survey method. The research data consisted of primary and secondary data. Primary data was collected by conducting interviews with 75 underprivileged households. Secondary data was obtained by literature study. The sampling technique used in this study was simple random sampling. The research data was analyzed descriptively and qualitatively, by Fishbein multiattribute model and multiple linear regression analysis. The results obtained from this study showed that consumers decided to buy eggs at the sales location through the need recognition stage, information search stage, alternative evaluation stage, purchase decision stage and post purchase evaluation stage. The price of chicken eggs was the benefit, main focus and the most considered on choosing a location to buy eggs. Consumers prefer buying eggs at grocery stalls compared to traditional markets and modern markets. Together, the price of eggs, household income, number of household members, the price of free-range chicken eggs, the price of purebred chicken, the price of beef, the price of tempeh, tofu, salted fish and cooking oil had a significant effect on purchasing eggs. Factors that significantly influence the purchase of eggs by underprivileged households in Bandar Lampung were the price of eggs and the number of household members.Key words: attitude, decision, eggs, factors


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