scholarly journals HARMONISASI REGULASI KEPEMILIKAN TANAH PERTANIAN SECARA ABSENTEE BAGI PEGAWAI NEGERI DALAM PROGRAM LANDREFORM

2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Agricultural Soils ◽  
Land Ownership ◽  
Civil Servants ◽  
Start Time ◽  
The Government ◽  
Legal Subjects ◽  
And Control

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.

scholarly journals KEPEMILIKAN TANAH ABSENTEE OLEHPEGAWAI NEGERI SIPIL BERDASARKAN PERATURAN PEMERINTAH NOMOR 4 TAHUN 1977

2019 ◽  
Vol 6 (1) ◽  
pp. 951-975
Author(s):  
Chita Herdiyanti
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Land Ownership ◽  
Profit Sharing ◽  
Civil Servants ◽  
Basic Rule ◽  
The People ◽  
Level Ii

Agricultural land that is owned by a cord (Absentee) is legally prohibited. Because the ownership of the Absentee-owned Agricultural Land distances the ideals and spirit of land reform as the basic rule of every National Agrarian law. Absentee land tenure is prohibited because it can restore a very detrimental Landlord system especially to local farmers residing in Absentee land. True agricultural land should be utilized and done in an effort to meet the productivity that will raise the economy nationally. However, Government Regulation No. 4 of 1977 concerning Agricultural Land Ownership by Clothes (Absentee) for Retired Civil Servants states that "a Servant within 2 (two) years preceding retirement allowed to buy agricultural land in guntai (absentee) covering an area of up to 2/5 of a part the maximum limit of land tenure for the relevant Level II Regions. ". Is the ban on the ownership of farmland in a strand (Absentee) applies to all the people of Indonesia ?. The prohibition of land ownership does not apply to Civil Servants State From the provisions of the law above can be concluded that Civil Servants (PNS) can have Absentee land because it is considered Civil Servants have been credited as a driver of the state system. However, with the conditions set forth in the legislation. Civil Servants or Retired Civil Servants who have farmland by hand (Absentee) can make a profit-sharing system as an effort to manage the absentee land to be more productive again by sticking to the prevailing laws and regulations.

scholarly journals PENERAPAN LARANGAN PEMILIKAN TANAH PERTANIAN SECARA ABSENTEE

2019 ◽  
Vol 3 (2) ◽  
pp. 159
Author(s):  
Chandra Dewangga Marditya Putra
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Ownership ◽  
Agricultural Lands ◽  
Farming Community ◽  
Reform Program ◽  
The Government ◽  
And Control

Untuk menjadikan masyarakat tani yang adil dan makmur maka pemerintah melalui program landreform yang meliputi perombakan mengenai kepemilikan dan penguasaan tanah serta hubungan-hubungan hukum yang bersangkutan dengan penguasaan tanah. Sesuai dengan Pasal 10 ayat (1) Undang-Undang Pokok Agraria telah mengamanahkan terkait larangan kepemilikan atas tanah pertanian secara absentee. Dengan adanya ketentuan tersebut diharapkan para pemegang hak atas tanah pertanian dapat mengusahakan atau mengerjakan sendiri tanah yang dimilikinya sehingga tanah-tanah pertanian memang menjadi produktif dan tidak terdapat tanah pertanian yang di biarkan atau absentee. Tujuan larangan absentee agar hasil yang diperoleh dari pengusahaan tanah sebagian besar dapat dinikmati oleh masyarakat desa tempat letak tanah. Fenomena larangan tanah absentee/guntai secara nyata terjadi, tetapi tidak dilakukan sanksi yang tegas.Kata kunci: absentee, kepemilikan hak atas tanah, pertanian, sanksi. To make a fair and prosperous farming community, the government through a Land Reform program which includes a reshuffle of land ownership and control as well as legal relations concerned with land tenure. In accordance with Article 10 paragraph (1) the Basic Agrarian Law mandates Absentee prohibitions on ownership of agricultural land. With the existence of these provisions it is expected that holders of agricultural land can cultivate or work on their own land so that agricultural lands are indeed productive and there is no agricultural land that is left or Absentee. The purpose of the Absentee ban is that the results obtained from the cultivation of land can be enjoyed mostly by rural communities where the land is located. The phenomenon of the prohibition of Absentee / guntai land actually occurred, but no strict sanctions were made.Keywords: absentee,ownership of rights to land, agriculture, sanctions.

scholarly journals Introducing CSR - The Missing Ingredient in the Land Reform Recipe?

2017 ◽  
Vol 17 (2) ◽  
pp. 758 ◽  
Author(s):  
Henk J Kloppers
Keyword(s):  
Social Responsibility ◽  
Land Reform ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Business Case ◽  
Land Ownership ◽  
Tenure Reform ◽  
Reform Programme ◽  
The Government ◽  
Corporate Social

In reaction to the unequal land ownership brought about by decades of apartheid, the first democratically elected government embarked on an extensive land reform programme - a programme consisting of the three constitutionally protected pillars: restitution, redistribution and tenure reform. The aim of this programme is not only to provide for restitution to persons who lost their land as a result of racially based measures, but also provide previously disadvantaged South Africans with access to land in order to address the unequal land ownership. This research focuses on the restitution and redistribution pillars of the land reform programme. The progress made in terms of both these sub-programmes has been disappointing. With reference to redistribution the government has set the target to redistribute 30% of white owned commercial agricultural land to black persons by 2014. To date, less than 10% of this target has been achieved and all indications are that the overwhelming majority of land which has been redistributed is not being used productively or have fallen into a state of total neglect. The state of the redistributed land can be attributed to a variety of causes, with the main cause being the government's inability to provide proper post-settlement support to land reform beneficiaries. Against this background it is clear that alternative options have to be identified in order to improve the result of land reform. This article identifies corporate social responsibility (CSR) as one of the missing ingredients in the recipe for a successful land reform programme. The article introduces CSR and discusses the business case for CSR; identifies its benefits; considers its possible limitations; and examines the major drivers behind the notion. From the discussion of these topics it will become evident that an assumption of social responsibility by businesses in especially the agricultural sector might contribute to an improved land reform programme.

scholarly journals PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR DALAM RANGKA PENATAGUNAAN TANAH DI KOTA TARAKAN

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Cariono Cariono
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Acquisition ◽  
Normative Approach ◽  
The Republic ◽  
The Government ◽  
And Control

Abstract The presence of land controlled and / or owned by either existing rights above the ground and based on the new land acquisition in some places there are still many in limbo. Seeing the reality of the field on the wastelands, he made government regulation and government last issued Government Regulation No. 11 Year 2010 on Land Reform and Control of Neglected. Based on this background, the problem is formulated, what basic criteria for establishing a right to the top of the ground as the object of regulating the wastelands, who preferred to get right to the land above the ground of the former wastelands, this research was normative approach legislation conceptual and legal materials. The results showed that the controlling authority is the authority wastelands legacy which the Government (President) delegate to the National Land Agency of the Republic of Indonesia. The mechanism through penertibannya stages: (1) an inventory of land rights or land tenure policies that indicated displaced (2) identification and study of land indicated displaced (3) warning against the rights holder (4) Determination of wastelands. Other Issues Regarding legal protection against former titleholders.Keywords: effectiveness, enforcement, wastelands

scholarly journals Pengaruh Politik Agraria Terhadap Perubahan Pola Penguasaan Tanah dan Struktur Pedesaan di Indonesia

2016 ◽  
Vol 19 (1) ◽  
pp. 21
Author(s):  
NFN Syahyuti
Keyword(s):  
Social Structure ◽  
Rural Areas ◽  
Land Reform ◽  
Land Ownership ◽  
Point Of View ◽  
New Order ◽  
Control Rights ◽  
The Social ◽  
The Government ◽  
And Control

<p><strong>English<br /></strong>Land ownership and control have been major issues in land reform policies in Indonesia over the life of several governments. Land has been a political tool for those in power. From a historical point of view, from the precolonial period until the New Order era (Orde Baru), control of the land by the government has always put farmers into a position of sub ordinance and dependence. This happened because the government has the control rights over the land, while the farmers have user rights only. The social structure in rural areas has changed to follow changes in the land ownership pattern, because for an agrarian community, land is the main livelihood resource.</p><p> </p><p><strong>Indonesian<br /></strong>Aspek penguasaan tanah di Indonesia adalah bagian utama politik agraria dari satu masa ke masa pemerintahaan, dimana tanah selalu dijadikan alat politik bagi pihak penguasa. dari tinjauan historis terlihat bahwa mulai dari zaman kerajaan sampai dengan Orde Baru, penguasaan sumber daya tanah oleh pemerintah telah menjadikan petani selalu berada posisi subordinat dan tergantung. Hal ini di sebabkan karena pemerintahan memegang hak penguasaan tanah,sedangkan petani menjadi penggarap. Petani belum diberi hak penguasaan yang secukupnya agar dapat menjadi pengelola penuh dalam usahataninya. Struktur sosial masyarakat pedesaan juga berubah mengikuti perubaha pola penguasaan tanah tersebut, karena bagi komunitas agraris tanah adalah sumber daya utama kehidupannya.</p>

scholarly journals Auction Winner Legal Protection Execution of Liability for Land Rights in Absentee

2020 ◽  
Vol 3 (4) ◽  
pp. 39-46
Author(s):  
Endry Mayuni ◽  
Maria Suhita
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Land Area ◽  
The Supreme Court ◽  
Circular Letter ◽  
Winning Bidder

The auction is a public sale by finding the highest price, the auction may be movable items or goods not moving. Determined the winning bidder after the auction officials published a treatise auction that has the strength of evidence is perfect as an authentic deed. In the auction of immovable goods, such as land, the minutes of the auction as proof of deed used for basic transition is done at the land department and spatial / National Land Agency. Related to agricultural land auction participants except there is no restriction in Article 77 point (1) of the Regulation of the Minister of Finance Regulation Number 27 / PMK.06 / 2016 the official auction, husband or wife of the auction officials, officials from the seller, auction guide, judges, prosecutors, clerks, Interpreters confiscation, lawyer / Advocate, Notary, official land deed, appraisers, inspectors DJKN, auction hall employees, and there are opportunities outside the auction winner who makes the land area of the object object absentee land. Ownership of absentee land is prohibited by law because it does not comply with land reform in Indonesia is feared the land is not worked actively, therefore, must be transferred not later than 6 months after the issuance of the certificate to others that one domicile to the object land or or move one subdistrict area with the land object. In Article 3d Government Regulation number 41 of 1964 that the prohibition of transfer of land into an object mengabitkan absentee land. Legal protection The auction winner is causing land object into absente stated in a circular letter of the Supreme Court in 2016 for number 4 in the realm of good faith purchaser.

scholarly journals Larangan Kepemilikan Tanah Pertanian Secara Absentee Dan Pertanggung Jawaban Hukum Badan Pertanahan Di Kabupaten Tulungagung

Acta Comitas ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 319
Author(s):  
I Wayan Putra Nugraha ◽  
Anak Agung Istri Ari Atu Dewi
Keyword(s):  
Law Enforcement ◽  
Land Reform ◽  
Social Life ◽  
Agricultural Land ◽  
Land Ownership ◽  
Cultural Factors ◽  
Economic Factors ◽  
Large Role ◽  
Community Awareness ◽  
The Government

Reforms have been carried out by the government through many land reform programs that regulate land ownership and legal relations between owners and land objects, so that a prosperous and productive society is created to advance the national economy and food security. One of them is the prohibition of agricultural land ownership regulated in article 10 paragraph (1) of the Basic Agrarian Law. It is expected that the owners of agricultural land will work on their own land so that productivity will be maximized, the community will be taught to work and be productive regularly and routinely. But in reality in the field in Jabalsari village Sumbergempol subdistrict Tulungagung regency there are still many people who control agricultural land absentee and interpreted the rules of ownership of agricultural land absentee not yet effective, so this research aims to find out the causes of absentee ownership of agricultural land and how a large role Tulungagung Regency National Land Agency in terms of absentee ownership of agricultural land. This research is carried out using the Empirical Juridical method namely how the law is implemented in social life. The results of research conducted in Jabalsari village Sumbergempol Sub-district Tulungagung District showed that absentee land ownership in Tulungagung District occurred due to many factors namely: community awareness factors, cultural factors, legal factors, law enforcement factors in the area, facility and infrastructure factors as well as quite a lot It was found that economic factors, and the responsibility of the National Land Agency of Tulungagung Regency still reached the supervision of certified land and improved administration of agricultural land data, this was done so that in the future it would run and orderly administration of the problem of absentee ownership of agricultural land.

scholarly journals The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency

2020 ◽  
Vol 2 (4) ◽  
pp. 443
Author(s):  
Muhammad Adib ◽  
Sri Kusriyah Kusriyah ◽  
Siti Rodhiyah Dwi Istinah
Keyword(s):  
Government Regulation ◽  
Positive Impact ◽  
Secondary Data ◽  
Civil Servant ◽  
Civil Servants ◽  
Disciplinary Action ◽  
Primary Data ◽  
Immediate Supervisor ◽  
The Government ◽  
The Impact

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constraints and efforts to overcome the impact of the Civil Servant disciplinary punishment in Government of Demak regency. The approach used in this study is a sociological juridical approach or juridical empirical, that is an approach that examines secondary data first and then proceed to conduct research in the field of primary data normative. The process of giving disciplinary sanctions for State Civil Apparatus in Government of Demak regency begins with the examination conducted by the immediate supervisor referred to in the legislation governing the authority of appointment, transfer and dismissal of civil servants. The results showed that in general the process of sanctioning / disciplinary punishment of civil servants in the Government of Demak be said to be good and there have been compliance with the existing regulations / applied in Government Regulation No. 53 of 2010, although it encountered the competent authorities judge still apply tolerance against the employee, but also a positive impact among their deterrent good not to repeat the same offense or one level higher than before either the Civil Servant concerned or the other. Obstacles in carrying out disciplinary punishment in Government of Demak regency environment is still low awareness of employees to do and be disciplined in performing the tasks for instance delays incoming work, lack of regulatory discipline, lack of supervision system and any violations of employee discipline. There must be constraints to overcome need for cooperation with other stakeholders comprising Inspectorate, BKPP, and the immediate superior civil servants in this way can be mutually reinforcing mutual communication, consultation, coordination so that if later there is a problem in the future could be accounted for.Keywords: Delivery of Disciplinary Sanctions; Civil Servant; Government Regulation No. 53 of 2010.

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 Penguasaan Tanah Oleh Orang Asing Dalam Perspektif Hak Bangsa

2018 ◽  
pp. 66-88
Author(s):  
Arif Rachman Nur
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Close Relation ◽  
Land Ownership ◽  
Comparative Approach ◽  
Separation Principle ◽  
The Government ◽  
The Times ◽  
Water Space ◽  
Land Water

The Indonesians has a close relation with land, water, space and natural resources in the territory, in order of the Nations Right to the highest order in the hierarchy of land tenure. But concurrently with the times, not only the Indonesian needed land and buildings, but also foreigners who working in Indonesia. It is the background of enactment of Government Regulation No. 41 of 1996 replaced by Government Regulation No. 103 of 2015 about Residential Ownership by Foreigner. Nevertheless the Government Regulation is considered not nationalists because mortgaging the Indonesia's territory to foreigner for investment reason. The method used in this research is a normative research with statute approach, historical approach and comparative approach. This research used primary legal sources and secondary legal sources incorporating nonlegal resources collected with literature research. Then the legal sources are qualitatively analyzed and then presented descriptively. The results of the study shows: 1) Housing ownership does not necessarily have an implication on land ownership, because the adoption of the Horizontal Separation Principle does not allow foreigners to own land even though they already have buildings on it. However, the period of Right to Use which is too long to reach 80 years can conflict with the Rights of the Nation; 2) Land tenure restriction by foreigners permanent residence in Indonesia is an obligation for the government to respect and protect the Rights of the Nation. The land tenure restriction is carried out by limiting housing ownership in the elaboration of subjects, quota restrictions, zoning, arrangements related to buying and selling and the establishment of duties to supervise the ownership of residential houses for foreigners domiciled in Indonesia.

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