scholarly journals Penerapan Asas Pemisahan Horizontal Pada Hak Pakai Bagi Orang Asing di Indonesia

Media Iuris ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 317
Author(s):  
Alfian Adam Naafiu ◽  
Nian Qisthi Kristalin
Keyword(s):  
Land Use ◽  
Legal Protection ◽  
Customary Law ◽  
The Status ◽  
Residential House ◽  
Laws And Regulations

Horizontal Scheiding is the principle that adopted from customary law, used in the establishment of Undang-Undang Number 5 of 1960 on Peraturan Dasar Pokok-Pokok Agraria as well as related legislation. Horizontal Scheiding provides legal protection for owner of Hak atas Tanah with respect to buildings and/or objects thereon.The creation of laws and regulations that regulate matters related to the ownership of a residential or residential house by foreigners who are domiciled in Indonesia, provides an opportunity for foreigners to be able to have Hak atas Tanah in Indonesia, namely Hak Pakai as stipulated in the Peraturan Pemerintah Republik Indonesia Number 18 of 2021 concerning Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah.In the case of foreigners who can own Hak atas Tanah with the status of Hak Pakai, if the Hak Pakai expire then foreigners are required to return the land according to the status of Hak atas Tanah that they are occupy, including it can lead to the demolition of buildings built on the Hak atas Tanah that have been obtained with or without being able to ask for compensation unless agreed in the land use agreement.Keywords: Horizontal Scheiding; Hak Pakai; Foreigners.Asas Pemisahan Horizontal merupakan asas yang diserap dari hukum adat yang digunakan dalam pembentukan Undang – Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria serta Peraturan Perundang-undangan terkait. Asas Pemisahan Horizontal memberikan perlindungan hukum bagi pemegang hak atas tanah terhadap kaitannya dengan bangunan dan/atau benda-benda diatasnya. Lahirnya Peraturan perundang-undangan yang mengatur hal-hal terkait dengan pemilikan rumah tempat tinggal atau hunian oleh orang asing yang berkedudukan di Indonesia, memberikan kesempatan bagi orang asing untuk dapat memiliki hak atas tanah di Indonesia yakni Hak Pakai sebagaimana ketentuan dalam Peraturan Pemerintah Republik Indonesia Nomor 18 Tahun 2021 tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah.Dalam hal orang asing yang dapat memiliki hak atas tanah dengan status tanah Hak Pakai, apabila Hak Pakai berakhir maka bagi orang asing wajib mengembaikan tanahnya sebagaimana status hak atas tanah yang ditumpangi tersebut termasuk dapat mengarah pada pembongkaran bangunan yang dibangun diatas hak atas tanah yang diperoleh, dengan atau tanpa dapat memohonkan ganti kerugian kecuali diperjanjikan dalam perjanjian penggunaan tanah.Kata Kunci: Asas pemisahan Horizontal; Hak Pakai; Orang Asing.

International Law, Indigenous Land Rights, and Israel

Emptied Lands ◽  
2018 ◽  
Author(s):  
Alexandre Kedar ◽  
Ahmad Amara ◽  
Oren Yiftachel
Keyword(s):  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Land Rights ◽  
Customary Law ◽  
International Labor ◽  
Legal Perspective ◽  
The Status ◽  
United Nations Declaration

This chapter explores the development of international law on indigeneity. It reviews the legal protections endowed by key documents, such as International Labor Organizations Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The chapter also provides a short comparative legal perspective on land rights of indigenous peoples which helps to situate the Israeli case within other settler colonial situations and to address the status of the relevant international legislation and norms. It concludes that several components of the UNDRIP have gained a status of international customary law, and hence with growing relevance to Israeli jurisprudence and to the Bedouins. The chapter ends by addressing the question of indigenous peoples’ rights in Israeli law and how Israeli basic laws should expand to incorporate the legal protection of the Bedouins.

scholarly journals Recognition and Legal Protection of Customary Law Society over Land

2020 ◽  
Vol 1 (1) ◽  
pp. 199-222
Author(s):  
Rosnidar Sembiring ◽  
Journal Manager APHA
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Customary Law ◽  
Identification Approach ◽  
Laws And Regulations

This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigenous and tribal peoples has been determined in Article 3 of the BRAP and Article 18 B paragraph (1) of the 1945 Constitution and other sect oral laws and regulations, it is just that there is no synchronization or harmonization between various sectoral laws and regulations governing the recognition and protection of the rights of indigenous peoples.

The legal status of personnel involved in United Nations peace operations

2013 ◽  
Vol 95 (891-892) ◽  
pp. 613-636 ◽  
Author(s):  
Dieter Fleck
Keyword(s):  
United Nations ◽  
Legal Status ◽  
Legal Protection ◽  
Customary Law ◽  
Peace Operations ◽  
International Organisations ◽  
Host State ◽  
The Status ◽  
Open Issues

AbstractThis article examines the status of military and civilian personnel of sending states and international organisations involved in UN peace operations. It undertakes an assessment of relevant customary law, examines various forms of treaty regulation and considers topics and procedures for effective settlement of open issues prior to the mission. The author stresses the need for cooperation between the host state, the sending states and the international organisation in this context. He draws some conclusions with a view to enhancing the legal protection of personnel involved in current and future UN peace operations.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMBELI ATAS HAK MILIK TANAH DALAM MENIKMATI FUNGSI DAN MANFAAT TANAH SEBAGAI PEMEGANG HAK MILIK

2019 ◽  
Vol 17 (2) ◽  
pp. 154
Author(s):  
Bayu Sagita
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Problems ◽  
The Status ◽  
Customary Land

Abstract : In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.

scholarly journals Perlindungan Hukum bagi Pembeli atas Hak Milik Tanah dalam Menikmati Fungsi dan Manfaat Tanah sebagai Pemegang Hak Milik

2017 ◽  
pp. 154-166
Author(s):  
Bayu Sagita Damopolii Bayu Sagita Damopolii ◽  
Imam Koeswahyono Imam Koeswahyono ◽  
Moh. Fadli Moh. Fadli
Keyword(s):  
Property Rights ◽  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Problems ◽  
The Status ◽  
Customary Land

In the process of buying and selling land as the basis for the transition of land rights from the seller to buyers in the area of Bolaang Mongondow, especially in Lolak Village District Lolak is done in two ways, namely the process of buying and selling as in general the sale and purchase of land ownership is a unity of land and buildings and plants above it and the process of buying and selling of land is not a unity between the land and buildings and plants above it or the sale and purchase by using the principle of separation horizontal is separate sale and purchase. However, in the development of the practice of the process of buying and selling land that is considered as part of the process of buying and selling property rights on customary land or customary law, it raises legal problems, the process of buying and selling property rights on land that can not provide legal protection of the status of property in full for the buyer in the land and enjoy the benefits and functions of the land itself.

scholarly journals Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran

2020 ◽  
Vol 1 (1) ◽  
pp. 157-163
Author(s):  
I Gede Wardana Oka Sastra Wiguna ◽  
I Nyoman Putu Budiartha ◽  
I Putu Gede Seputra
Keyword(s):  
Land Use ◽  
Research Methods ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Mixed Marriages ◽  
The Status ◽  
The Times ◽  
Ownership Of Land ◽  
Land Use Rights

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

scholarly journals HARMONISASI NORMA HUKUM BAGI PERLINDUNGAN HAK KEPERDATAAN ANAK LUAR KAWIN DALAM SISTEM HUKUM INDONESIA

2019 ◽  
Vol 1 (1) ◽  
pp. 55-67
Author(s):  
Bernadeta Resti Nurhayati
Keyword(s):  
Civil Rights ◽  
Legal Theory ◽  
Legal Protection ◽  
Children's Rights ◽  
Scientific Publications ◽  
Daily Lives ◽  
Legal Norms ◽  
The Status ◽  
Status Position ◽  
Laws And Regulations

Communities and laws have long discriminated against children outside of marriage. This causes out of wedlock children to get a negative stigma in their daily lives. People call it with various terms such as: “anak haram”, “haram jadah”, “anak kowar”, “anak astral”  and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. An urgent issue to be resolved is disharmony in written legal norms that regulate the protection of children outside of marriage. The research objective is to evaluate and harmonize the legal norms that exist in the field of protection of civil rights of non-married children. Harmonization of these legal norms is based on the practice of legal protection, doctrine, and written norms that are directly related to the protection of extramarital children in Indonesia. This research is a complement to the dissertation. In this research, an inventory of positive legal norms in the field of status and position of out-of-child children, legal practices relating to the protection of children outside of marriage and the relevant legal theory to see the possibility of protection of children's rights. In this research, mapping of norms and institutions will be conducted to find out the parts that are conflicting / incompatible with each other, as a basis for formulating harmonization of laws and regulations in the field of status and position of children outside of marriage. From this harmonization, it is expected that norms that need to be revised will be found and formulas for norms that provide protection for civil rights for married children in Indonesia. Outputs are in the form of: draft dissertations that have been approved by promoters, reputable international scientific publications, accredited national publications, speakers of national and international meetings, and additional outputs in the form of draft reference books.

EFEKTIVITAS PELAKSANAAN PERATURAN PENCATATAN PERCERAIAN DI KANTOR URUSAN AGAMA

2020 ◽  
Vol 6 (1) ◽  
pp. 1-15
Author(s):  
Juriyana Megawati Hasibuan Dan Fatahuddin Aziz Siregar
Keyword(s):  
Islamic Law ◽  
The State ◽  
Judicial Process ◽  
Positive Law ◽  
State Administration ◽  
Shipping Costs ◽  
The Status ◽  
Happy Marriage ◽  
Religious Courts ◽  
Laws And Regulations

Marriage is a sacred bond which is ideally only held once in a lifetime. Both Islamic law and positive law require an eternal happy marriage. To support this the Koran proclaims marriage as mitsaqan galiza. The marriage is then registered in the state administration. In line with this, the laws and regulations are formulated in such a way as to make divorce more difficult. However, when there are acceptable reasons and due to coercive conditions, divorce can be done through a judicial process. The divorce must then be registered by taking certain procedures. The court delivered the notice and sent a copy of the decision to the marriage registrar to file the divorce properly. The implementation of this divorce record was not effective. The separation of the Religious Courts Institution from the Ministry of Religion has become a factor that causes the registration task not to be carried out. The loss of the obligation to submit a copy of the decision on the judge's ruling caused the recording to be constrained. The unavailability of shipping costs also contributed to the failure to register divorce. Even though there is a threat to the Registrar who neglects to deliver a copy of the verdict, unclear sanctions make this ineffective. As a result of the lack of recording of divorce, the status of husband and wife becomes unclear and opens opportunities for abuse of that status.

Scotland

2017 ◽  
Author(s):  
Alasdair Raffe
Keyword(s):  
Church Of England ◽  
Legal Protection ◽  
Church Of Scotland ◽  
The Status ◽  
Steep Decline ◽  
The Church ◽  
Established Church ◽  
Episcopal Authority

This chapter examines the transformations in the status and character of Scottish Episcopalianism from 1662 to 1829. Despite being re-established in the Church of Scotland in 1661–2, episcopacy was abolished in 1689. Thereafter Episcopalians were a Nonconformist group, and only the minority of congregations whose clergy were loyal to Queen Anne and her Hanoverian successors enjoyed legal protection. But while the intermittent prosecution of the Jacobite clergy contributed to a steep decline in the number of Scottish Episcopalians, disestablishment allowed the clergy to reassess episcopal authority, and to experiment with liturgical reforms. After transferring their allegiance to the Hanoverians in 1788, the Episcopalians drew closer to the Church of England, formally adopting the Thirty-Nine Articles in 1804. By the end of the period, the Episcopalians saw themselves as an independent, non-established Church, one of the branches of international Anglicanism.

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