scholarly journals Jual Beli Tanah Dalam Hukum Tanah Atas Akta Perjanjian Pengikatan Jual Beli Bertingkat yang Dibuat oleh Notaris

Notaire ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 217
Author(s):  
Nailu Vina Amalia
Keyword(s):  
Land Use ◽  
Land Rights ◽  
Serial Number ◽  
Agrarian Law ◽  
Customary Land ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Land Use Rights ◽  
Legal Consequences

The deed of the purchase and sale agreement (PPJB). The deed of the sale and purchase agreement is a preliminary agreement prior to the sale and purchase of land. PPJB is used only once. If what is agreed in the PPJB has been fulfilled then the signing of the sale and purchase deed can be carried out, by signing the sale and purchase deed, the ownership of land rights has been transferred. There are still many people who think that when the PPJB is signed, there will be a transfer of land rights, even though the PPJB is not an evidence of a transfer of land rights. This thesis discusses graded PPJB or recurring PPJB made by a Notary on a plot of land based on ownership rights over land use rights of former customary land based on the quotation of the Decree of the Governor of East Java Region Serial Number I/Agr/117 XI/HM/01.G/1970 issued November 4, 1970, or uncertified land. Whether it contradicts the concept of buying and selling in agrarian law and the legal consequences of the PPAT who made the sale and purchase deed based on the graded PPJB.Keywords: Graded PPJB; Recurring PPJB: Proof of Prior Rights.Akta Perjanjian Pengikatan Jual Beli (akta PPJB). Akta PPJB merupakan perjanjian pendahuluan sebelum diadakannya jual beli tanah. Akta PPJB digunakan untuk sekali saja, namun prakteknya masih ditemukan Akta PPJB bertingkat. Masih banyak masyarakat yang menganggap apabila sudah ada akta PPJB sudah ada peralihan hak atas tanah, padahal akta PPJB bukan bukti adanya peralihan hak atas tanah. Akta Jual Beli (AJB) yang merupakan bukti adanya peralihan hak atas tanah. AJB dibuat apabila syarat-syarat yang ada dalam akta PPJB sudah terpenuhi. Dalam tesis ini membahas tentang akta PPJB bertingkat atau akta PPJB berulang yang dibuat oleh Notaris atas sebidang tanah berdasarkan Hak Milik atas tanah Hak Pakai bekas Gogolan tidak tetap berdasarkan Kutipan Surat Keputusan Gubernur Kepala Daerah Tingkat I Jawa Timur Nomor I/Agr/117/XI/HM/01.G/1970 tertanggal 4 Nopember tahun 1970 atau tanah yang belum bersertipikat apakah akta PPJB bertingkat tersebut bertentangan dengan konsep jual beli dalam hukum tanah dan akibat hukum dari Pejabat Pembuat Akta Tanah (PPAT) membuat AJB berdasarkan akta PPJB bertingkat.Kata Kunci: PPJB Bertingkat; PPJB Berulang; Bukti Hak Lama.

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 Protective Use of Buildings Law of the Lanting House

2021 ◽  
Vol 04 (02) ◽  
Author(s):  
Muhammad Aji Samudra ◽  
Keyword(s):  
Land Use ◽  
Government Regulation ◽  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
The Status ◽  
The Right ◽  
In The Beginning ◽  
Ownership Rights ◽  
Land Use Rights

Existence of Lanting Houses for traditional Kalimantan people, especially Banjarmasin people, is a primary need because it their place to live. The life of the Lanting House is now, in the beginning, to be abandoned because the local government is trying to relocate the Lanting House, and there is no legal status of the Lanting House so that many heirs sell the Lanting House only with receipts. Seeing the object of the Lanting House that was built on the water was not able to get ownership rights like on the land, this caused the weak legal force against the object of this Lanting House if it had transitioned rights because an object that was built floats on the water according to the Agrarian Law does not can get land rights. The purpose of this study was to determine the protection obtained by the Lanting House. This study used a normative juridical approach by reviewing and analyzing the laws and regulations and library materials relating to the Lanting House, and the rules used as the basis for the status of the Lanting House. This study used secondary data covering primary legal material in the form of legislation, and secondary licensed content in the form of theories and literature related to the issues discussed. Research showed that the Lanting House could be protected under Law No. 5 of 1960 concerning Basic Rules of Agrarian Principles and Government Regulation No. 40 of 1996 concerning Land Use Rights, Building Use Rights, and Land Use Rights. Where the Lanting House can be given the right to use the building that has been approved by the minister of agrarian and spatial planning so that the Lanting House is recognized as a building that can be given legal certainty.

THE “ENTIRE PEOPLE OWNERSHIP” REGIME ON LAND AND THE NATURE OF LAND USE RIGHTS IN VIETNAM

2021 ◽  
Vol 9 (07) ◽  
pp. 349-358
Author(s):  
Luu Quoc Thai
Keyword(s):  
Land Use ◽  
Mineral Resources ◽  
Land Rights ◽  
Legal Aspects ◽  
The State ◽  
Public Property ◽  
The Right ◽  
Ownership Rights ◽  
Land Use Rights ◽  
Land Water

Since the Constitution 1980, all land in Vietnam has been regulated to be owned by the entire people (Article 19). This issue continues to be affirmed in the Constitution 1992 (Article 17). The current Constitution 2013 continues to declares: “Land, water resources, mineral resources, resources in the sea and airspace, other natural resources and properties invested and managed by the State are public property owned by the entire people and managed by the State representing owners and unified management” (Article 53). Under this regulation, the current Land Law 2013 states that the State is powered to perform ownership rights as representative of the whole people. Therefore, No one other than the state can become the owner of the land. Individuals and organizations only have “land use rights” in accordance with the law. However, they may have the right to transfer this right (and also include the land) to others. This policy has caused certain complications in accessing land and exercising land rights, especially for foreign entities in Vietnam. So, this paper will discuss what is called the land use rights under the specialized ownership regime on land in Vietnam to clarify relevant legal aspects.

The Time of Dishonour: Land and Murder under Colonial Rule in the Tian Shan

2012 ◽  
Vol 55 (4-5) ◽  
pp. 664-687 ◽  
Author(s):  
Svetlana Jacquesson
Keyword(s):  
Land Use ◽  
Field Data ◽  
Land Rights ◽  
Colonial Rule ◽  
Land Use Rights ◽  
False Accusations ◽  
Tian Shan

Abstract In this article I try to uncover the reasons for false accusations of murder, instigated murders, and staged murders among the Tian Shan Kyrgyz under Russian colonial rule. Towards this end, I read, contrapuntally, field data, ethnohistorical accounts, colonial statutory laws, and colonial ethnography. I argue that colonial interventions—namely, the hybrid adjudication of murders, the newly designed system of self-government, and the imposition of an arbitrary land-rights regime—correlated in unexpected ways and triggered instigated and staged murders and false accusations of murder as an extreme recourse in defence of land-use rights. I conclude by relating the particular legal setting of Russian colonial rule to its representation as “the time of dishonour.” Dans cet article j’essaie d’élucider les fausses accusations de meurtre, les meurtres prémédités et les meurtres simulés attestés parmi les Kirghiz du Tian Shan à l’époque colonial. A cette fin, j’analyse des récits ethno-historiques, les lois statutaires coloniales et les écrits des ethnographes coloniaux. Je soutiens que des interventions coloniales, telles le jugement hybride des meurtres, le système d’auto-gouvernance nouvellement introduit et la gestion ambiguë de la terre, se combinent de façon inattendue pour produire les meurtres bizarres comme ultime remède aux injustices terriennes. Dans les conclusions, je relie l’environnement légal de la domination coloniale à sa représentation comme “le temps de déshonneur.”

scholarly journals Status Hak Atas Tanah Penduduk Desa dalam Kawasan Hutan Perum Perhutani

2019 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Fatimiah Azzahra
Keyword(s):  
Data Collection ◽  
Agrarian Reform ◽  
Land Rights ◽  
Land Ownership ◽  
Colonial Era ◽  
Public Corporation ◽  
The Status ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

This article aims to discuss the conflict of tenure rights between Perhutani and the community and the status of land held by the community after the entry into force of Presidential Regulation No. 86 of 2018 concerning Agraria Reform. The study uses a sociological juridical method. The location of the study is in the forest area of   Perhutani Public Corporation, Malang Regency. Data collection techniques using observation, interviews, and documentation. The results of the study show that conflicts over ownership of land rights between Perhutani and the community have been going on for a long time. Physically the land has been controlled by the community since the Dutch colonial era and passed down from generation to generation. The granting of permission to manage the land and payment of land tax strengthened the community’s argument about land ownership. The land status which is the object of the dispute is based on Presidential Regulation No. 86 of 2018 concerning Agrarian Reform became the authority of Perhutani Public Corporation. Communities can get ownership rights or get land compensation if the Ministry of Forestry releases the land.

scholarly journals From conflicting to complementing: The formalisation of customary land management systems governing swidden cultivation in Myanmar

2021 ◽  
Author(s):  
◽  
Jim David Ennion
Keyword(s):  
Land Use ◽  
Land Management ◽  
Management System ◽  
The Philippines ◽  
The State ◽  
Management Systems ◽  
Swidden Cultivation ◽  
Customary Land ◽  
Land Management System ◽  
Land Use Rights

<p>Swiddening is a traditional and widespread agricultural system in mountainous regions of Southeast Asia. It is prevalent in Myanmar’s hilly border region. However, economic, political, demographic, social and technological drivers in this region are causing this form of land use to undergo significant transition. This transition is affecting the customary land use rights of swidden farmers.  Throughout Myanmar’s tumultuous history, customary land management systems and the state land management system have been poorly integrated. This has led to customary land use rights receiving little formal recognition and left customary right-holders vulnerable to exploitation.  Recent political and economic developments within Myanmar have prompted changes to the state land management system. The Myanmar government introduced the Farmland Law 2012 and the Vacant Fallow and Virgin Lands Management Law 2012 which significantly altered how agricultural land is managed. However, these laws also contain minimal interaction with customary land management systems. In relation to swidden cultivation, the legislation is unclear how land under customary tenure is identified, how communally-held land is recognised and what swidden practices are legally permitted.  The draft National Land Use Policy released in late 2014 reveals progress in addressing these issues. However, greater clarity is needed with regard to how the policy is implemented. Many lessons may also be derived from the experiences of surrounding Southeast Asian countries, such as the Philippines and Cambodia, in the way customary land use rights are incorporated into state legislation.  The goal of this thesis is to propose how customary land management systems may be integrated into the state land management system in order for customary land use rights over swidden land to be recognised as comprehensively as possible by the state. The legislative framework should also allow sufficient flexibility for local farmers to adapt to changing circumstances. The identification of swidden land will be considered in the context of producing maps of customary land use, the management of swidden land under collective land-holding structures will be discussed with regard to pressures to individualise land-holding and the use of swidden cultivation practices will be considered in light of proposed development projects.  The current political and economic climate in Myanmar indicates some willingness to acknowledge and address these issues. There is hope that customary land management systems and the state land management system will begin to complement, instead of conflict with, each other in order to enable swidden farmers to access their customarily held land into the future.</p>

Protecting Smallholder Land Rights in Mozambique, 1997–2017: Unfinished Business?

2020 ◽  
pp. 1-24
Author(s):  
Michael Madison Walker
Keyword(s):  
Land Use ◽  
Rural Areas ◽  
Land Rights ◽  
Domestic Investment ◽  
Unfinished Business ◽  
Local Elites ◽  
Rural Settings ◽  
The Law ◽  
Land Use Rights ◽  
Rights Issues

Abstract Mozambique’s land law is notable for its intent to balance the recognition and protection of smallholder land use rights with attracting foreign and domestic investment to rural areas. However, the state’s legitimacy may be undermined through the process of recognition, as state actors and local elites circumvent the law for private gain. Walker focuses on two areas where the law has failed to protect smallholder rights: issues of women’s land rights, and the expansion of protected areas. These issues speak to the problem of recognition, revealing ways the state produces authority, but not necessarily legitimacy, in rural settings.

scholarly journals Penggunaan Blanko Akta Pejabat Pembuat Akta Tanah Dengan Diterbitkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ni Luh Putu Swandewi,SH
Keyword(s):  
Land Rights ◽  
The Other ◽  
Data Sources ◽  
Legal Research ◽  
Land Registration ◽  
Legal Standing ◽  
Other Hand ◽  
Agrarian Law ◽  
Legal Consequences

One action of realizing the objective of the enactment of the Basic Agrarian Law is the implementation of land registration by using a Land Deed Official certificates as proof of registration of land. The existence of the certificate forms of the Land Deed Official regulated by the Regulation of the Head of National Land Agency Number 3 of 1997 which was then amended by the Regulation of the Head of National Land Agency Number 8 of 2012, both of them regulate about the Land Deed Official certificate using the land certificate forms. The legal consequences of the abovementioned fact raises questions of the followings: What is the legal standing of the land certificate forms issued by a Land Deed Official under the Regulation of the Head of National Land Agency Number 3 of 1997 which has been used by a Land Deed Official as an evidence of transfer of registration of land rights in the Land Affairs Office after the date of March 31, 2013 by the enactment of the Regulation of the Head of National Land Agency Number 8 of 2012 and what efforts should be taken by the Land Deed Officials in the event that the certificate forms of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 is not acceptable as an evidence of transfer of registration of land rights after the enactment of the Regulation of the Head of National Land Agency Number 8 of 2012. The study is an empirical legal research, examining the gap between the theories (das solen) with the practices (das sein) in which in the Head of National Land Agency Regulation Number 8 of 2012 Article II point 1 letter a, stipulates that a land certificate form of the National Land Agency (BPN) can still be used. Whereas, in the letter b states that the land certificate forms of the National Land Agency which are no longer being used, shall be returned. In practice, in the Land Deed Official office, the use of a land certificate form of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 cannot be accepted in the Agrarian Office. The data and the data sources of this empirical legal research are primary, secondary and tertiary data. The findings of the study indicate the legal standing of the certificate forms of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 after the date of 31 March 2013 by law (de jure) is no longer considered as the certificate of the Land Deed Official, but as the evidence of the legal acts set forth therein as the perfect evidence. On the other hand, in practice, the certificate cannot be used as registration evidence by the Agrarian Office, and the solution is to summon the parties to re-sign.

Mortgages Under the Rights of Occupancy System in Nigeria

1989 ◽  
Vol 33 (1) ◽  
pp. 19-30
Author(s):  
P. E. Oshio
Keyword(s):  
Land Use ◽  
Local Government ◽  
Urban Area ◽  
State Ownership ◽  
Property Law ◽  
Uniform State ◽  
The Subject ◽  
The Law ◽  
Ownership Of Land ◽  
Ownership Rights

The Land Use Act, 1978 (hereinafter referred to, where the context admits, as “the Act”) introduced a uniform State ownership of land otherwise known as the Rights of Occupancy System in Nigeria. Section 1 of the Act vests all land within the territory of each State in the Federation in the Governor of the State to hold upon trust for the use and common benefit of all Nigerians. Section 5 empowers the Governor in respect of land whether or not in an urban area to grant a Statutory Right of Occupancy to any person for all purposes, while Section 6 empowers the Local Government, where appropriate, in respect of land in a non-urban area to grant a Customary Right of Occupancy to any person. By Sections 34 and 36 former owners of land become deemed holders of rights of occupancy into which their former ownership rights have been transformed by operation of law.The Act continues to attract comments from learned writers as to its effect on various aspects of property law. However, it would appear that not many writers have focused particularly on the effect of the Act on the law of mortgages. This is not to say that the subject is not important, nor that the Act has not significantly affected the law and practice of mortgages. The object of this article is to fill this vacuum.

Language policies in the Kingdom of Hawai‘i

2014 ◽  
Vol 38 (2) ◽  
pp. 128-148
Author(s):  
Rubén Fernández Asensio
Keyword(s):  
Land Use ◽  
19Th Century ◽  
Historical Data ◽  
Empirical Validation ◽  
Language Policies ◽  
Linguistic Imperialism ◽  
Customary Land ◽  
Definition Of ◽  
The 19Th Century ◽  
Land Use Rights

This paper develops Tove Skutnabb-Kangas’ concept of linguicism by distinguishing an effectuative stage and a reproductive stage of linguistic inequality. The effectuative stage is described by inference and compared with Robert Phillipson’s theory of linguistic imperialism, and it is suggested that both frameworks are still missing empirical validation for the claim that language inequality may create other forms of inequality, and that such validation should come from historical data. To demonstrate this, language policies in the Kingdom of Hawai‘i during the 19th century are examined, with emphasis on the interpretation of bilingual statutory law, along with a number of judicial rulings. These are then related to changes in the economic sphere and the interaction is demonstrated in the curtailing of customary land use rights. The new concept of non-discriminatory linguicism is introduced to describe the presence of linguicist ideologies without concomitant discriminatory practices as a key feature of the effectuative stage of linguicism, and a new definition of linguicism is proposed.

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