scholarly journals Penyelesaian Sengketa Tanah Kehutanan di Kantor Pertanahan Kabupaten Badung

2020 ◽  
Vol 1 (2) ◽  
pp. 291-295
Author(s):  
I Gede Edy Korneawan ◽  
A.A Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Dispute Resolution ◽  
Land Rights ◽  
Spatial Layout ◽  
Regional Office ◽  
Applicable Law ◽  
Land Dispute ◽  
Land Disputes ◽  
The Republic ◽  
The Government ◽  
The Right

Land is one of the most important parts of the earth's surface, where land is a source of welfare for the community. In the UUPA, the concept of land rights is differentiated into two, namely, first, the right to control of the State as regulated in article 2 which is based on the elaboration of Article 33 of the 1945 Constitution of the Republic of Indonesia. This study aims to determine the process of resolving forestry land disputes at the Land Office of Badung Regency. The research method used is the normative method, namely examining the decision of the head of the BPN RI regional office with the applicable law. The results of the analysis show that based on the Law of the Republic of Indonesia Number 18 of 2003 concerning the prevention and eradication of forest destruction, it is concluded that the causes of the dispute are 6. Based on the Perkab BPN No. 3/2011 there are two land dispute resolution through litigation, namely dispute resolution through court channels, and non-litigation, namely dispute resolution through BPN mediation. Through research, it is hoped that the government can determine the spatial layout of the area so that a single map is created and there are no overlapping policies between the Ministry of Forestry and the Forestry Service

scholarly journals Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

2021 ◽  
Vol 6 (2) ◽  
pp. 217
Author(s):  
M. Syuib ◽  
Sarah Diana Aulia
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Legal Certainty ◽  
Large Area ◽  
Land Registration ◽  
Land Dispute ◽  
Land Disputes ◽  
Legal Uncertainty ◽  
The Government ◽  
Ownership Of Land

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.

scholarly journals Penerapan Аsаs-Аsаs Umum Pemerintаhаn yаng Bаik dаlаm Penyelesаiаn Sengketа Tanah Hak Milik

2021 ◽  
Vol 6 (1) ◽  
pp. 35
Author(s):  
Dita Ernanda ◽  
Istislam Istislam ◽  
Yuliati Yuliati
Keyword(s):  
Dispute Resolution ◽  
Land Registration ◽  
Land Dispute ◽  
Field Assessment ◽  
Data Collection And Analysis ◽  
Land Disputes ◽  
Good Government ◽  
Application Data ◽  
The Republic ◽  
And Control

This study aimed to describe the procedure for resolving land disputes, the application of the General Principles of Good Government (AUPB) in land dispute resolution, and the supporting and inhibiting factors for the application of AUPB in resolving land disputes. This study used a sociological juridical approach, with the type of empirical juridical research. The procedure for resolving land disputes was through two types of applications, namely letters of public complaints and implementation of court decisions. The application of AUPB in land dispute resolution started from the application, data collection and analysis, field assessment and inspection, case exposure, case settlement reports, settlement, and implementation of settlement decisions. Supporting factors for the implementation of AUPB were the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016, Section for Handling Land Problems and Control, as well as facilities and infrastructure for mediation, case titles, and transportation. The obstacle of the AUPB implementation included the inkracht decision to issue replacement certificates that had not been explicitly regulated, resulting in land registration services being blocked by the system and uncooperative parties.

scholarly journals PERLINDUNGAN HUKUM HAK ATAS TANAH ULAYAT MASYARAKAT HUKUM ADAT DI KABUPATEN MALUKU TENGGARA.

2019 ◽  
Vol 5 (1) ◽  
pp. 133-146
Author(s):  
Cornelia Junita Welerubun
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
Land Dispute ◽  
The Law ◽  
The Government ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
The Relationship

Unalienated land dispute resolution in a way that is custom done by indigenous chiefs to resolve the dispute relating to customs. To resolve the disputes of indigenous chiefs hold a customary or sitting often known as judicial customs. The judicial nature of the Customs mediation, there is King as a mediator in it. The important role of indigenous chiefs of in dispute resolution is needed, this is because Community law is very respectful of indigenous chiefs. Legal protection must be viewed stages namely legal protection was born from a provision of the law and the rule of law given by a society that basically is the community's agreement to regulate the relationship between the behavior members of the society and between the individuals with the Government deemed to represent the interests of the community. Legal protection is not a true picture of the work function of the law itself that its purpose is not to provide other guarantees of fairness, expediency and also legal certainty. Legal protection will be more evident in the ownership of land rights is supported by the presence of certificate of land rights, as a means of proof of land ownership rights.

scholarly journals PENERAPAN PRINSIP KEPENTINGAN UMUM TERHADAP KEBERADAAN TANAH TERLANTAR DI INDONESIA

2017 ◽  
Vol 6 (3) ◽  
pp. 383
Author(s):  
Nyoman Arif Budiman
Keyword(s):  
Public Interest ◽  
Land Rights ◽  
The State ◽  
Third Party ◽  
Common Interest ◽  
Conceptual Approach ◽  
The People ◽  
The Republic ◽  
The Government ◽  
The Right

This journal shall be entitled as " Implementation Of Public Interest Principles To Neglected Land In Indonesia".The existence of the land on earth must be beneficial both for the welfare and happiness that has it and for the people and the state. The purpose of this study is to know and understand the absolute limits of property rights to land; and want to understand the relationship between the principle of public interest in land. The method in this research is normative by using  conceptual  approach and statute approach. This journal’s preparation is done by legal research, and the approach method being used in this journal shall be used is the combination of the statute approach and the conceptual approach. The result of this research is the essence of the principle of public interest to the land is to create development based on the principle of humanity in the balance as stipulated in the 1945 Constitution of the Republic of Indonesia. The exemption of land rights is caused by public and private interest with the provision of compensation and guided by the principle of musyawarah. While the revocation of land rights is the spirit of the provisions of Article 18 of the Basic Agrarian Laws states that for the interest of the state and the state and the common interest of the people of the right to land may be revoked by compensation. The legal effort that a third party can take to exploit the state land (abandoned land) is to apply the right to the government (Provincial or Regency / City Land Office). Jurnal ini mengambil julul “Penerapan Prinsip Kepentingan Umum Terhadap Terlantar. Keberadaan atas tanah di muka bumi ini  harus bermanfaat baik bagi kesejahteraan dan kebahagiaan yang mempunyainya maupun bagi masyarakat dan negara. Tujuan dari penelitian ini ialah ingin mengetahui dan memahami batas-batas absolut dari hak milik  terhadap tanah; dan ingin memahami hubungan antara prinsip kepentingan umum atas tanah. Jurnal ini mengangkat permasalahan yang juga menjadi tujuan penulisan yaitu apa hakikat kepentingan umum atas tanah dan apa upaya hukum yang dapat dilakukan oleh pihak ketiga terhadap tanah terlantar. Penyusunan jurnal ini dilakukan dengan tipe penelitian normatif dan menggunakan pendekatan peaturan perundang-undangan dan pendekatan konsep. Hasil dari penelitian ini adalah Hakekat dari prinsip kepentingan umum terhadap tanah ialah untuk menciptakan pembangunan yang berlandaskan asas perikemanusiaan dalam keseimbangan sebagaimana diatur dalam UUD NRI tahun 1945. Pembebasan hak atas tanah disebabkan oleh kepentingan umum dan swasta dengan pemberian ganti rugi dan berpedoman pada asas musyawarah. Sedangkan pencabutan hak atas tanah merupakan semangat dari ketentuan Pasal 18 UUPA menggariskan bahwa untuk kepentingan bangsa dan negara serta kepentingan bersama (hanya untuk kepentingan umum) dari rakyat hak atas tanah dapat dicabut dengan memberikan ganti kerugian. Upaya hukum yang dapat dilakukan pihak ketiga untuk dapat memanfaatkan tanah negara (tanah terlantar) ialah melakukan permohonan hak kepada kepada pemerintah (Kantor Pertanahan Provinsi atau Kabupaten/Kota).

scholarly journals Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution

2018 ◽  
Vol 47 (1) ◽  
pp. 47
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Land Rights ◽  
Choice Of Law ◽  
Legal Principles ◽  
Land Dispute ◽  
Land Disputes ◽  
Civil Dispute

AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty.  Keywords: Land civil disputes, alternative dispute resolution and principles of contract.AbstrakPerkembangan yang terjadi saat ini, banyak terjadi sengketa pertanahan yang bersifat vertikal maupun horizontal. Permasalahan mengenai pertanahan yang terjadi sering disebabkan akibat salim klaim penguasaan hak atas tanah. Sengketa tanah yang dimaksudkan adalah sengketa perdata tentang tanah. Mewujudkan win-win solution dalam penyelesaian sengketa perdata tentang tanah relatif sulit dapat terwujud, apabila penyelesaiannya diselesaikan melalui sidang peradilan (litigation). Pilihan hukum (choice of law) yang dapat dipilih untuk memperoleh dan mewujudkan win-win solution dalam menyelesaikan sengketa perdata tentang tanah tentunya adalah melalui alternative dispute resolution. dengan cara negosiasi, mediasi dan konsiliasi. Dalam rangka penyelesaian sengketa perdata tentang tanah diselesaikan melalui alternative dispute resolution, maka penyelesaiannya tidak dapat mengabaikan asas-asas hukum yang berlaku mengenai perjanjian. Kata Kunci :   Sengketa perdata tanah, alternatif penyelesaian sengketa dan asas-asas    perjanjian.  

scholarly journals The Essence and Methods of Resolving Land Disputes

2020 ◽  
pp. 257-273
Author(s):  
Nadiia CHUDYK-BILOUSOVA ◽  
Liudmyla TARANENKO
Keyword(s):  
Legal Status ◽  
Land Rights ◽  
Internally Displaced ◽  
Administrative Procedure ◽  
Land Dispute ◽  
Land Disputes ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Right ◽  
Effective Use

It is proposed to consider land disputes as a special type of legal relationship, which is based on differences of subjects manifested in the emergence, implementation, change or termination of land rights, their protection in connection with the violation of rights and legitimate interests (or their recognition) of owners or users of land plots, including tenants and other subjects of land legal relations. It is established that the process of improving the existing mechanisms for resolving land disputes is ongoing, so it should take place through a system of legal, organizational and economic measures. Such measures must be taken by authorized subjects of land relations in the application of procedures for the protection of land rights and ensuring the effective use of land under the conditions specified by the legislation of Ukraine. Land disputes are defined as a conflict between the subjects of land relations, which need to be resolved in the manner prescribed by law. Its participants are the subjects of land relations: the state and its authorized bodies, individuals and legal entities, whose legal status is determined by the rules of land and civil law. The classification of land disputes by nature, depending on the grounds (methods) of occurrence, change or termination of the right to use the land plot, depending on the settlement mechanism, according to the level of dispute resolution is proposed. The expediency of improving the procedure for consideration and resolution of land disputes by strengthening the administrative procedure for resolving them is substantiated. Due to the effect of quarantine and deterioration of financial situation, the possibility of a person to go to court to resolve a land dispute is significantly limited. The expediency of developing methodological recommendations for united territorial communities on the mechanisms and procedure for resolving land disputes and methodological recommendations for internally displaced persons on the procedure for protection of land rights is proposed.

scholarly journals PEMBERIAN TANAH KEPADA SESEORANG SEBAGAI SOLUSI DALAM MENGATASI KELALAIAN AHLI WARIS

2021 ◽  
Vol 3 (2) ◽  
pp. 149-162
Author(s):  
Devi Rianti Effendi
Keyword(s):  
Secondary Data ◽  
Population Data ◽  
Land Rights ◽  
Land Dispute ◽  
The People ◽  
Property Data ◽  
National Life ◽  
The Republic ◽  
The Government ◽  
The Relationship

The Indonesian state, which has the concept of the relationship between humans and land, is an individual and society as an inseparable unity (duality), that the fulfillment of one's needs for the land is placed within the framework of the needs of the whole community, so that the relationship is not merely individualistic, but rather collective while still providing place and respect for individual rights. Land management by the government, where the land registered in the territory of Indonesia will give a legal claim to the tutorial of the Republic of Indonesia (NKRI) in full. In addition, it is also to strengthen a harmonious national life by minimizing land dispute conflicts. This research is descriptive in nature, using a normative juridical approach. Data Analysis and Presentation, the data that has been obtained, both primary and secondary data, were analyzed using qualitative methods, namely by grouping data according to the aspects studied and conclusions that are relevant to the issues discussed. It is hoped that in the implementation of this gift, the related government will further improve services in terms of process and completion time. This is because there are many processes that must be passed in registering land. Where in the implementation of this transfer of land rights must go through several related agencies. It is hoped that the government will be more aggressive in providing awareness to the community by providing education on the legality of their lands and proof of their ownership so that there will be no future disputes. Providing knowledge to the wider community, especially the people of Padang City, of the completeness and correctness of their population data (such as the correctness of the data on their KTP), the completeness and correctness of their property data (one of which is their SPPT PBB).

scholarly journals Tinjauan Hukum Terhadap Kompetensi Peradilan Tata Usaha Negara dalam Menyelesaikan Sengketa Tanah

2018 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Marten Bunga
Keyword(s):  
Legal Protection ◽  
The State ◽  
Land Dispute ◽  
Legal Factor ◽  
State Administration ◽  
Land Disputes ◽  
The Government ◽  
The Right ◽  
Dispute Resolution Mechanism ◽  
Laws And Regulations

The scope of land disputes that became the competence of the State Administrative Judicature according to the judicial principle adopted in Indonesia, the implementation of the Decision of the State Administrative Court in the settlement of land disputes.This research is conducted through normative legal approach (juridical normative), that is how law is utilized as an instrument to realize the application of land dispute resolution mechanism through authority to try State Administration Court. This research uses normative legal research type to identify and analyze legal factor which is an obstacle in the application of legislation, where this study refers to the laws and regulations on land and State Administration Judicature Law, court decisions and other legal materials.That the State Administration Dispute in the field of land arises because of a written stipulation issued by the State Administration or Administrative Officer containing State Administration law action which in accordance with the prevailing laws and regulations has been concrete, individual and final in the form of land certificate of ownership the right to land issued by the Government. Implementation of the Decision of State Administration which has been decided and has the force of law in practice raises a polemic in the community where the State Administration officials are not willing to carry out the decision of the Administrative Court of the State. This condition is caused because the State Administrative Court is not the executor (executor of the decision) but only as supervisor of the implementation of the decision, for all government actions in order not to violate the law and the role of legal protection for the community.

scholarly journals Problematic Issuance of Land Rights Certificate

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Moh Ali Wafa
Keyword(s):  
Community Psychology ◽  
Land Rights ◽  
Land Ownership ◽  
Land Registration ◽  
Land Dispute ◽  
Land Disputes ◽  
Proof Of Ownership ◽  
The Government ◽  
Ownership Rights ◽  
The Village

Many people who have not registered ownership rights so that they have no protection andlegal certainty due to several factors: First, factor of land ownership history. Second,community psychology. Third, weakness of land registration rules. Fourth, executorimplementation, intervention BPHTB legislation and other fees. Fifth, the mechanism ofregistration of land is too expensive for the community both procedure and registration fee.The Solution and effort to minimize the occurrence of land disputes society are: first, bypreventing the land dispute case is not repeated. Second, the government immediatelysocialize what and how the issuance of land certificates and the purpose of certificates. Third,If there is dispute in the court that the object is not certified land, the court notifies the urbanvillage and local BPN to block the transaction or the transition of the land immediately. Fourth,each transaction or transition of land with proof of ownership in the form of girik, the witness inthe transaction should be the Village Head and the BPN officer, and fifth, it is better if there island dispute in the court, at least one judge from land law expert, such as non-academicjudges (academics). DOI: 10.15408/jch.v5i2.7089

scholarly journals QUO VADIS UNDANG-UNDANG POKOK AGRARIA? Suatu Tinjauan Terhadap Permasalahan Pertanahan di Usia Undang-undang Pokok Agraria yang ke Lima Puluh Delapan Tahun

2018 ◽  
Vol 16 (1) ◽  
Author(s):  
Benny Djaja
Keyword(s):  
Dispute Resolution ◽  
Mediation Process ◽  
Land Dispute ◽  
Depth Analysis ◽  
Land Disputes ◽  
Close Relationship ◽  
The Republic ◽  
Quo Vadis ◽  
Rate Of Success ◽  
Goals And Objectives

Disputes in the world of business are not something to write home about. Amongst all the business-related sectors, one that often rears disputes is the agrarian sector. This is due to the close relationship between development and the need for land, as one of the primary needs of humankind. Therefore, a review and comprehensive exposition of disputes within the land sector and aspects of peaceful mediation of said disputes are needed to gain a deeper understanding of ways to achieve more effective and efficient land dispute resolution. In order to achieve these goals and objectives, an in-depth analysis is needed on the extent to which Undang-undang Pokok Agraria (The Agrarian Law) accommodates the resolution of the agrarian disputes and problems, as well as, in relation to the existence of implementing regulations of Undang-undang Pokok Agraria that support the resolution of land disputes that arose or which may arise in the future. Currently disputes over land can be resolved through the means of a lawsuit in the Private Court of Law or through peaceful mediation. Peaceful mediation of land disputes can be carried out both within and outside the Court of Law. Based on the research, mediation in the court has a low rate of success mainly because of the “out for war” mentality of the parties involved which have been formed prior to entering the mediation process. With the settlement of cases through the Judiciary Court of Law becoming a go-to option in the majority of land dispute resolution, the high costs and length of time commonly incurred in such process greatly hampers the resolution of numerous land disputes and tends to be a field of "money war" between litigant parties. If this continues, at its age of 58 years, it must be questioned "Qua Vadis Undang-Undang Pokok Agraria of the Republic of Indonesia?” 

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