scholarly journals Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem

2021 ◽  
Vol 2 (3) ◽  
pp. 651-657
Author(s):  
Nyoman Handytya Wiarsa Putra ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Spatial Planning ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
The Republic ◽  
The Government ◽  
Ownership Of Land ◽  
The Village

Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.

scholarly journals Legal Protection for Village Communities Against Land Rights in the Construction of a National Strategy Project Through a Complete Systematic Land Registration System (Study of Pasuruan District Land Registration)

2021 ◽  
Vol 8 (7) ◽  
pp. 48
Author(s):  
Ratna Biraeng Kumalasari
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Third Party ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Community Needs ◽  
Village Communities ◽  
The Republic ◽  
The Government

In this study using normative legal research. Policies related to land are required to guarantee legal certainty and certainty of land ownership rights by every person (individual) or by legal entities. So the community needs to register land in order to obtain a certificate of land rights which serves as a strong means of proof of ownership of land rights by someone. Meanwhile, Article 19 paragraph (1) of the Basic Agrarian Law states that to ensure legal certainty by the Government, land registration is held throughout the territory of the Republic of Indonesia. This is done so that land owners can obtain legal certainty for the land they have owned, and it’s intended that rights holders obtain valid evidence in the form of certificates as a strong means of proof as holders of rights to the land they own. Starting from the description above, the researcher can provide several aspects of the study, including: First, the Complete Systematic Land Registration (PTSL) target is so large that it’s not an easy job for the Pasuruan Regency land office, which has 29 State Civil Servants, assisted by 63 non-government employees, due to the limited number of existing staff, the implementation of the Complete Systematic Land Registration (PTSL) land office in Pasuruan Regency involves; 1. The private sector as a third party helping 20,200 fields for measurement and mapping activities, 2. Community participation in assissting Complete Systematic Land Registration (PTSL) in village locations for 10,100 respectively, and 29,700 fields carried out and carried out by the Pasuruan Regency Land Office ASN.

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 Ideal Construction of Village Government in Organizing Land Registration

2018 ◽  
Vol 5 (2) ◽  
pp. 264
Author(s):  
Fatmawati Cahyaningtyas ◽  
Isharyanto Isharyanto
Keyword(s):  
Spatial Planning ◽  
Government Regulation ◽  
Legal Certainty ◽  
Land Registration ◽  
The Government ◽  
Village Government ◽  
Planning Office ◽  
The Village ◽  
Adjudication Committee ◽  
The Ideal

This article aimed to describe the less clarity of the scope of the regulatory legislation meant in article 26 paragraph (2) item o of Law no. 6 of 2014 about village that is interpreted to the village head’ role as the adjudication committee of land registration who is authorized to collect and organize physical and juridical data of land parcels in his area as it is listed on the government Regulation no. 24 of 1997 about Land Registration, regulation of Minister of Agrarian and Spatial Planning/ Head of National Land Agency of Republic of Indonesia no. 6 of 2018 about Complete systematic land registration. In addition, this article aimed to describe the ideal construction of village government in organizing land registration. The current study was classified as an empirical study with a descriptive qualitative approach. This study takes Pablegan Village Head Office of Matesih District of Karanganyar Regency and The Agrarian and Spatial Planning Office/ National Land Agency (ATR/BPN) of Karanganyar Regency as the location of the study. This study found that in the substance of article 26 paragraph (2) item o of Law no. 6 of 2014 about village, there is a phrase that makes the scope of its regulatory legislation less clear so that an ideal construction of village government in organizing land registration is needed to make the scope of article 26 paragraph (2) item o of Law no. 6 of 2014 about village clear and reflect legal certainty.

scholarly journals First-Time Registration of Ownership of Land Obtained Through Sale and Purchase under the Hand Whose Proof of Ownership Is Lost

2019 ◽  
Vol 6 (2) ◽  
pp. 671
Author(s):  
Bintang Uswatun Hasanah ◽  
Any Suryani ◽  
Widodo Dwi Putro
Keyword(s):  
Land Rights ◽  
Land Registration ◽  
Land Title ◽  
Proof Of Ownership ◽  
The Republic ◽  
The Government ◽  
Sociological Approaches ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
First Time

In practice, people who experience loss of proof of ownership rights over land where in the land title application must provide evidence of information about the land which includes data on physical and physical data. As stipulated in Law No. 5/1960 concerning Regulation on Basic Agrarian Principles article 19 that To ensure legal certainty by the Government registration of land throughout the territory of the Republic of Indonesia according to the provisions regulated by Government Regulations, registration includes one of giving letters - proof of rights, which applies as a strong evidence tool. The problem in this study is how is the validity of buying and selling rights to land carried out under the hands? and how is the registration process the first application for ownership of land to land whose proof of ownership is lost? The purpose of this study was to determine the validity of the sale and purchase of land rights carried out under the hand, and to find out the process of registering the transfer of land rights at the Bima City Land Office whose proof of ownership was lost. This research has benefits both academically and practically. The research used in this study is Empirical Law research and the approach in this study is the Legislative, Conceptual, and Sociological approaches. The process of buying and selling land under the hands carried out before the Head of Village / Lurah and witnesses is valid because the buying and selling conditions have been fulfilled according to Law Number 5 Year 1960 concerning Agrarian Principal Regulations. The first application for land registration in Bima City whose proof of ownership is lost in practice can still be registered.

scholarly journals Implementation of Accelerated Complete Systematic Land Registration in 2019 in Grabagan Village, Sidoarjo

Academia Open ◽  
2020 ◽  
Vol 3 ◽  
Author(s):  
Siti Lailatul Mufidah ◽  
Sri Budi Purwaningsih
Keyword(s):  
Human Resources ◽  
Spatial Planning ◽  
Government Regulation ◽  
Legal Protection ◽  
Qualitative Approach ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Indonesian Government ◽  
The Village

The Indonesian government holds Land Registration for the Indonesian people in accordance with the provisions in Government Regulation Number 24 of 1997 concerning Land Registration. One of the Indonesian Government's programs regarding land registration is carrying out a Complete Systematic Land Registration program in 2017 to ensure legal certainty and legal protection for the Indonesian people. This study aims to determine the implementation of accelerated land registration in 2019 in Grabangan Village, Tulangan District, Sidoarjo Regency. This type of research uses social legal research by examining laws and other regulations with a qualitative approach accompanied by interviews and questionnaires to obtain data. The results of this study explain that the complete systematic land registration activities for the Indonesian people that have been carried out by the Sidoarjo Regency Land Office are in accordance with the provisions in the Regulation of the Minister of Agrarian / Spatial Planning for the Head of the National Land Agency Number 12 of 2017, however, in Grabangan Village there are obstacles, for example: lack of Human Resources, lack of awareness of the community and the main number of fields that float around makes implementation in the village a problem.

Pelaksanaan Pencatatan Blokir Sertipikat Hak Atas Tanah (Studi di Kantor Pertanahan Kabupaten Sleman dan Bantul)

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 117-135
Author(s):  
Anisa Sekarsari ◽  
Haryo Budhiawan ◽  
Akur Nurasa
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Dispute ◽  
Time Period ◽  
Recording Process ◽  
Potential Loss ◽  
The Government

Abstract: In order to give the assurance of legal certainty, certainty of rights and legal protection to holders and owners of land rights, the land registration shall be carried out. However, there is still a land dispute which now become a homework for The Government. This is because the certificate which should be a strong evidentiary can not guaranteed the legal certainty for the owner, so the person who right the land can blocking the certificate of land rights at Land Office. The issuance of Regulation Minister of Agrarian Affairs and Spatial / Head of National Land Office Number 13 Year of 2017 concerning the Procedures of Block and Sita which expected to create uniformity, standardization in recording process and abolition of registration blocked, it turns out not all the rules can be implemented at The Land Office of Sleman and Bantul Regency.The result of this research shows that blocking certificate process at Sleman Land Office and Bantul Land Office have a policy that the applicant is required to pay the blocking recording fee after the blocking received. Makes a potential loss to the (PNBP) which should be owned by Land Office for faced the problem of KKPweb application which have not been able to accomodate the time period of blocking. Keywords : blocking certificate, blocking, registration blocked Intisari: Dalam rangka memberikan jaminan kepastian hukum dan kepastian hak serta perlindungan hukum kepada pemegang dan pemilik hak atas tanah, maka dilaksanakan pendaftaran tanah. Namun demikian, masih saja terjadi sengketa pertanahan yang saat ini menjadi pekerjaan rumah bagi Pemerintah. Hal ini disebabkan karena, sertipikat sebagai alat pembuktian yang kuat ternyata belum menjamin kepastian hukum pemiliknya sehingga pihak yang merasa berhak atas tanah tersebut dapat melakukan blokir sertipikat hak atas tanah di Kantor Pertanahan. Dikeluarkannya Permen ATR/Kepala Nomor 13 Tahun 2017 tentang Tata Cara Blokir dan Sita yang diharapkan bertujuan untuk mewujudkan keseragaman, standarisasi dalam pelaksanaan pencatatan dan penghapusan catatan blokir ternyata tidak semua peraturan tersebut dapat dilaksanakan di Kantor Pertanahan Kabupaten Sleman dan Bantul. Hasil penelitian menunjukan bahwa pelaksanaan pencatatan blokir di kantor pertanahan Kabupaten Sleman dan Kabupaten Bantul terdapat kebijakan yaitu pemohon diwajibkan membayar biaya pencatatan blokir setelah blokirnya diterima membuat potensial loss terhadap (PNBP) yang seharusnya didapat kantor pertanahan untuk kendala yang dihadapi yaitu Aplikasi KKPweb yang belum dapat mengakomodir jangka waktu blokir. Kata Kunci: blokir sertipikat, pemblokiran, pencatatan blokir

Pengukuran Pihak Ketiga Pasca Asas Contradictoire Delimitatie di Kabupaten Sidoarjo dan Pasuruan

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari
Keyword(s):  
Secondary Data ◽  
Third Parties ◽  
Third Party ◽  
Problem Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Descriptive Approach ◽  
The Government ◽  
Ownership Of Land

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.

scholarly journals Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

2019 ◽  
Vol 1 (2) ◽  
pp. 157-166
Author(s):  
Iskandar Muda Sipayung ◽  
Tan Kamello ◽  
Marlina Marlina ◽  
Arie Kartika
Keyword(s):  
Consumer Protection ◽  
House Of Representatives ◽  
Criminal Investigation ◽  
Legal Certainty ◽  
Legal Research ◽  
Consumer Protection Act ◽  
Approach Method ◽  
The Republic ◽  
The Government ◽  
The Relationship

This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.

scholarly journals STRENGTHENING LAND REGISTRATION SYSTEM THROUGH IMPLEMENTATION OF DOMAIN APPROACH IN MANIFESTING LEGAL CERTAINTY AND COMMUNITY JUSTICE

2021 ◽  
Vol 23 (3) ◽  
pp. 330
Author(s):  
Nia Kurniati ◽  
Jordan Mordekhai
Keyword(s):  
Land Rights ◽  
Land Ownership ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Positive Tendency ◽  
Community Justice ◽  
Land Disputes ◽  
Welfare Society ◽  
The Government

As an implementation of welfare society, the government issued Law Number 5 of 1960 Article 19 paragraph (2) c, which provide the legal certainty of land rights for all Indonesians carried out through land registration. The land registration system adopted by Indonesia is negative land cadastre with positive tendency. The implementation of land registration provide the basis of state duty to produce land registration evidence, namely certificate, which is valid as a strong proof of rights. This certificate guarantees the correctness of physical data besides juridical data as long as it is not proven otherwise. Method: This legal research used Normative juridical method, with qualitative juridical data analysis. Results of the study: Negative land cadastre with positive tendency adopted by Indonesia currently does not guarantee legal certainty of land ownership and the community justice itself. This is indicated by the fact that there is still a phenomenon of land disputes, among the result of the issuance of overlapping. By using a legal cadastre-based domain approach, through an approach of extracting historical values of land and integrating the process of dialogue within the issuing of certificate; obtaining legal certainty and the community justice can be achieved. Conclusion: Negative land cadastre with positive tendency is still unable to manifest legal certainty of land ownership and community justice so it is appropriate that an adage states “the highest legal certainty, is the highest injustice”. Strengthening land registration system through the domain approach is an alternative option to manifest legal certainty and community justice.

scholarly journals PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean
Keyword(s):  
Task Force ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
City District ◽  
The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

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