scholarly journals SURAT KETERANGAN TANAH ADAT (SKT-A) OLEH DAMANG KEPALA ADAT TERKAIT PEMBUATAN SERTIPIKAT TANAH DI PROVINSI KALIMANTAN TENGAH: Pendekatan Konsep Al- adah al- Muhakkamah

JURISDICTIE ◽  
2017 ◽  
Vol 8 (1) ◽  
pp. 71
Author(s):  
Ferry Setiawan
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Central Kalimantan ◽  
Traditional Leader ◽  
Indigenous Lands ◽  
Indigenous Land Rights ◽  
Indigenous Land

This journal aims to assess whether the Certificate of Indigenous Land created by Damang traditional leader can serve as a means of proof in land registration pursuant to Article 24 Paragraph (1) of Government Regulation No. 24 of 1997 on Land Registration and legal certainty for holders of the Certificate of Indigenous Land , This research is a normative legal research (Normative Legal Research) that use the approach legislation and conceptual approaches. Then assisted with legal materials will be described, described, and analyzed in relation to one another. In this study it was found that the Certificate of Indigenous Land created by Damang traditional leader based regulation Indigenous Institute Central Kalimantan can not be recognized as a means of proof in land registration as provided in Article 24 Paragraph (1) of Government Regulation No. 24 of 1997 on Land Registration. With the Certificate of Indigenous Lands can not be evidence in land registration, then it can not guarantee legal certainty for holders of indigenous land rights in Central Kalimantan.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

scholarly journals The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Gabriella Talenta Sekotibo
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Land Registration ◽  
Strength Of Evidence ◽  
Legal Standing ◽  
Legal Consequences

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.

scholarly journals Keabsahan Surat Keputusan Pemberian Hak Atas Tanah Tanpa Disertai Surat Setoran Pajak

2021 ◽  
Vol 2 (2) ◽  
pp. 38-49
Author(s):  
David Mars Tornado ◽  
Marwati Riza ◽  
Sri Susyanti Nur
Keyword(s):  
Income Tax ◽  
Government Regulation ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Legal Implications ◽  
The Republic ◽  
Legal Subjects ◽  
Research Show

The granting of land rights is one way for legal subjects to be able to obtain a right to land in Indonesia. This study aims to determine the legal implications of the Decree on Granting Land Rights issued by the National Land Agency without implementing Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 concerning Income Tax. This research is empirical legal research. The results of the research show that the Decree on the Granting of Rights to Land is still valid without implying that it is null and void, while Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 is not in line with the principles in the theory of legal certainty and is not effective in its application or enforcement.

scholarly journals Government Policy to Accelerating Legal Certainty of Land Through Complete Systematic Land Registration (PTSL) (Studies in Kendal District Land Office)

2019 ◽  
Vol 2 (1) ◽  
pp. 31
Author(s):  
Siti Sulistiyah ◽  
Umar Ma�ruf
Keyword(s):  
Government Policy ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Registration System ◽  
Land Registration

Problems in this study: (1) How is the implementation of activities in the District Land Office PTSL Kendal? (2) How the Government's policy to accelerate the legal certainty Landrights through PTSL ?. The method used in this research is the method of approach to socio-legal research, consisting of socio research and legal research. The results of this study are: (1) Implementation PTSL in Kendal District Land Office begins by planning activities PTSL by the Head of the Kendal District Land Office with pre inventory candidate and potential participants. (2) Government policy in speeding up the legal certainty of land rights through PTSL is based in Kendal land that already has a certificate covering an area of 13834.46 hectares.Suggestions in this study is consistent with the objectives of land registration is to provide certainty and legal protection to the rights holder, to reduce the escalation of disputes continues to grow, it is time for a land registration system through PTSL changed to positive land registration system.Keywords : Government Policy; Legal Certainty of Land Rights; PTSL.

scholarly journals ESENSI TRANSPARANSI DAN AKUNTABILITASI DALAM PENDAFTARAN TANAH DALAM SISTEM HUKUM INDONESIA

2018 ◽  
Vol 21 (1) ◽  
pp. 1-10
Author(s):  
Deselfia D N M Sahari
Keyword(s):  
Local Government ◽  
Legal System ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Regional Government ◽  
Legal Certainty ◽  
Land Registration ◽  
Positive Tendency ◽  
The Government

The essence of transparency and accountability in land registration within the legal system in Indonesia has not been realized properly. Due to the weakness of the guarantee of legal certainty and legal protection from the government.  In addition, the publication system of land registration adopted is negative with a positive tendency, not applied in Article 32 paragraph (2) of Government Regulation Number 24 Year 1997 regarding expiration to file a five-year lawsuit there is a synchronization / non-harmonization concerning land authority between local government Article 14 paragraph (2 ) Letter k of Law Number 23 Year 2014 regarding Regional Government and Authority of National Land Agency (Regulation of Head of National Land Agency No.2 Year 2013 regarding Abundance of Land Rights and Land Registration Authority) and regulation of grace period of entitlement right. AbstrakEsensi transparansi dan akuntabilitas dalam pendaftaran tanah dalam sistem hukum di Indonesia belum terealisasi dengan baik. Karena lemahnya jaminan kepastian hukum dan perlindungan hukum dari pemerintah. Selain itu, sistem publikasi pendaftaran tanah yang diadopsi negatif dengan kecenderungan positif, tidak diterapkan dalam Pasal 32 ayat (2) Peraturan Pemerintah Nomor 24 Tahun 1997 tentang berakhirnya pengajuan gugatan lima tahun ada sinkronisasi / non-harmonisasi tentang kewenangan pertanahan antar pemerintah daerah Pasal 14 ayat (2) Huruf k Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintahan Daerah dan Kewenangan Badan Pertanahan Nasional (Peraturan Kepala Badan Pertanahan Nasional No.2 Tahun 2013 tentang Kelimpahan Hak atas Tanah dan Pendaftaran Tanah Otoritas) dan peraturan masa tenggang hak cipta. Kata kunci: Transparansi; Akuntabilitas; Pendaftaran Tanah; Sistem Hukum;

scholarly journals Brazilian Amazon gold: indigenous land rights under risk

Elem Sci Anth ◽  
2020 ◽  
Vol 8 ◽  
Author(s):  
Sara Villén-Pérez ◽  
Paulo Moutinho ◽  
Caroline Corrêa Nóbrega ◽  
Paulo De Marco
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Health ◽  
Global Climate ◽  
Land Rights ◽  
Indigenous Communities ◽  
Economic Consequences ◽  
Mining Operations ◽  
Indigenous Lands ◽  
Indigenous Land Rights ◽  
Indigenous Land

Brazilian indigenous lands prevent the deforestation of the Amazon rainforest while protecting the land rights of indigenous peoples. However, they are at risk because they overlap with large areas of registered interest for mining. Indigenous lands have been in the spotlight of the pro-development wing of the parliament for decades, and the current president of Brazil, Jair Bolsonaro, promised that he would open up these territories for exploitation. Recently, bill PL191/2020 was released to downgrade the protection status of indigenous lands by regulating mining activities in these territories. Mining operations have an unavoidable socio-environmental impact on indigenous communities that is difficult to compensate. First, rapid demographic growth associated with the incoming migrant workforce often causes social disruption and threat indigenous societies. Moreover, sustained pollution related to mining procedures and accidental spills largely degrade the environment and imperil indigenous health. Finally, mining operations drive deforestation both within and beyond their operational boundaries. Mining is already an essential determinant of forest loss in the Amazon, where further deforestation may result in extended droughts with significant social and economic consequences. We conclude that, if mining operations were allowed in Brazilian indigenous lands, indigenous peoples would be imperiled along with regional and global climate and economies.

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 PENGARUH SERTIFIKAT HAK ATAS TANAH SEBAGAI ALAT BUKTI DALAM MENCAPAI KEPASTIAN HUKUM

2020 ◽  
Vol 12 (1) ◽  
pp. 21-43
Author(s):  
Abdul Muthallib
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
The Government ◽  
The Right ◽  
Role Of The Government

This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative legal view, this article refers to regulations on agrarian. The discussion of the article looks at the role of the government in providing opportunities for all citizens to register land with the aim of obtaining legal certainty and minimizing disputes. This article looks at the purpose of issuing certificates in land registration activities so that right-holders can easily prove that they are the right-holders. This is done so that rights holders can obtain legal certainty and legal protection. However, the land rights certificate issued is considered to be still lacking in minimizing disputes and it is assumed that it has not affected the land rights owners to protect their rights.

scholarly journals JAMINAN KEPASTIAN HUKUM YANG TERKANDUNG DALAM SERTIPIKAT HAK ATAS TANAH

2017 ◽  
Author(s):  
Rahmat Ramadhani
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Registration Process ◽  
Physical Data ◽  
The Law ◽  
The Right ◽  
Legal Subjects

The product of the land registration process is a certificate of title granted to the right holder. The certificate according to Government Regulation No. 24 of 1997 is in the form of one sheet of documents containing information about the juridical data and physical data required on a parcel of registered land. Although the certificate of land rights is referred to as the strongest evidence but in reality the certificate of land rights has not fully guaranteed legal certainty. This is because the law still opens loopholes for other legal subjects to question it both personally and in groups within the judiciary. In order to ensure legal certainty of a right to land for the right holder, the certificate of land rights must be tested in three aspects: relating to; Legal Certainty of Object, Legal Certainty of Status of Rights and Legal Certainty on Subject.

scholarly journals JURIDICAL ANALYSIS OF RIGHTS REGISTRATION PROCESS ON LAND AND OWNERSHIP STATUS TO CONFIRM LEGAL ASSURANCE

2021 ◽  
Vol 1 (1) ◽  
pp. 10-25
Author(s):  
Hafiz Al Hakim ◽  
Point Aminah ◽  
Idham I ◽  
Feby Milanie ◽  
Andri Saifannur Saifannur
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Constraint Factors ◽  
Ownership Status ◽  
The People ◽  
The Status

Land registration aims to guarantee legal certainty and certainty of land rights. By holding land registration, the parties concerned can easily find out the status of the legal status of the particular land they are dealing with, their location, area and boundaries. And also as a condition for the implementation of orderly land administration. The purpose of this study is to find out the legal arrangements regarding the process of registering land rights and ownership status in order to confirm legal certainty and how to implement, constraint factors and solutions to problems that occur in the community. This research uses normative legal research methods. The normative method is writing that uses primary materials or data. In normative legal research, library materials in the form of basic data which in the study are classified as secondary data. Secondary data can include primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the legal arrangements regarding the responsibilities of the Batam City National Land Agency in the process of registering land rights have been carried out well by the Batam City National Land Agency in order to realize legal certainty for the people of Batam City. However, in carrying out their duties there are still obstacles in the process of registering land rights in Batam City because of the imbalance of authority with the Batam Concession Agency as the holder of land management rights in Batam City. So, the solution is expected to have special regulations regarding this so that the process of registering land rights in Batam City can run in accordance with the laws and regulations.

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