scholarly journals Peralihan Hak Atas Tanah Melalui Jual Beli Berdasarkan Hukum Adat

2020 ◽  
Vol 1 (2) ◽  
pp. 213-217
Author(s):  
I Made Krishna Dharma Kusuma ◽  
Putu Gede Seputra ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Local Community ◽  
Economic Value ◽  
Legal Protection ◽  
Land Rights ◽  
Civil Code ◽  
Customary Law ◽  
Literature Study ◽  
The One ◽  
The Village

Humans cannot be separated from the name of land, because land is the one who revives humans and living creatures around it in the progress of the current era of land has Economic Value. Land is the main and largest capital of Indonesia, land is the only capital. The problems of this study are 1) what are the procedures for the transfer of Land Rights according to Customary Law? 2) How is the power of the Law of Sale and Purchase of Property Rights on Land according to Customary Law? The research method used is a normative legal research method, with a literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) the transfer of rights to land according to customary law is valid if the act of light and cash is carried out. The purpose of the sale and purchase agreement is in the presence of PPAT (Land Deed Official) and Witnesses in the transfer of rights to the land and the witness is the head of the village and the local community, which in cash means that there are two actions which are carried out simultaneously, namely the transfer of rights from the seller to the buyer and payment of prices in part or in full from the buyer to the seller. 2). The act of buying and selling that has a good intention is seen when the parties that make a sale and purchase of land rights ask to be done before the Customary Chief / local Village Chief. In the Civil Code the legal protection of buyers with good intentions, if the sale and purchase agreement is carried out based on Customary Law has been protected by the provisions of article 1338 paragraph (3) of the Civil Code.  

Gerakan Sosial (Wuat Wa’i) pada Masyarakat Desa Gurung Liwut

HUMANIS ◽  
2021 ◽  
Vol 25 (1) ◽  
pp. 93
Author(s):  
Rikhardus Haman ◽  
I Ketut Darmana ◽  
Aliffiati .
Keyword(s):  
Social Life ◽  
Research Method ◽  
Formal Education ◽  
Local Community ◽  
Literature Study ◽  
Functional Theory ◽  
The People ◽  
Community Behavior ◽  
The Village ◽  
Economic Improvement

One of the traditions that is still preserved today in the village of Gurng Liwut is the wuat wa'i tradition. The procession of the Wuat Wa'i tradition emphasizes the participation of the local community. The preservation of the tradition of wuat wa'i is based on community behavior which upholds the value of solidarity and integrity towards an innovative society in advancing and prospering social life.  The formulation of the problems in this study include (1). How is the function of wa'i in the community of Gurung Liwut Village, Borong District, East Manggarai Regency? (2). What is the existence of the Wuat Wa'i tradition in the people of Gurung Liwut Village? This study aims to determine the function of the Wuat Wa'i tradition and explain the meaning of the Wuat Wa'i tradition for the people of Gurung Liwut Village. This research uses functional theory from Bronislaw Malinowski and Giving from Marcel Mauss. The method used is a qualitative research method. Data collection techniques include observation, interviews, and literature study. The analysis used is descriptive qualitative.  The results of this study reveal that in the tradition of wuat wa'i there is a relationship between moral values, economic improvement, and improvement in formal education. The implementation of the Wuat Wa'i tradition is a social movement that raises funds to finance formal education and increase capital for someone who goes abroad, both at home and abroad. There are various processes in carrying out the tradition of wuat wa'i, namely the deliberation of the event organizers, determining the good day, the completeness of the event material.  The conclusion of this research is that the tradition of wuat  wa'i is a clear proof of the motivation of the local community for the importance of learning through formal education and desires to improve the community's economy through experience gained in the land of thechain.

scholarly journals Reorientasi Asas Itikad Baik/Kebenaran Sebagai Dasar Kepemilikan Hak Atas Tanah

2019 ◽  
Vol 9 (1) ◽  
pp. 102
Author(s):  
Supriyadi Supriyadi
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Civil Code ◽  
Good Faith ◽  
Basic Question ◽  
Original Owner ◽  
Legal Position ◽  
Customary Land ◽  
The Village

<div><p>Perpindahan hak terhadap kepemilikan tanah terpancang pada aturan bahwa seseorang tak dapat mengalihkan sesuatu melebihi dari apa yang dimilikinya hal ini  berhadapan dengan asas ‘<em>bona fides’</em> (itikad baik) yang melindungi pembeli beritikad baik. Posisi hukumnya  menempatkan dua belah pihak yang pada dasarnya tidak bersalah untuk saling berhadapan di pengadilan dan meminta untuk dimenangkan, akibat ulah pihak lain yang mungkin beritikad buruk. Pertanyaan mendasarnya, dalam hal ini pihak manakah yang seharusnya mendapatkan perlindungan hukum, apakah pemegang hak atas tanah  atau  pembeli yang mengaku beritikad baik? Alasan yang paling banyak digunakan adalah telah dilakukannya jual beli melalui notaris/PPAT  Perlindungan terhadap pembeli beritikad baik adalah sebuah perkecualian, yaitu ketika pembeli tidak dapat menduga adanya suatu kekeliruan dalam peralihan hak dan kekeliruan itu terjadi akibat kesalahan pemilik sendiri (toedoenbeginsel). Jika kemudian timbul sengketa, maka harus dipertimbangkan apakah terjadinya peralihan yang tidak sah itu lebih disebabkan oleh kesalahan pembeli yang tidak mencermati asal usul tanah yang dibelinya, atau kesalahan pemilik asal yang tidak menjaga haknya dengan baik. UUPA dan PP No. 24/1997 tidak menjelaskan pengertian ‘itikad baik’. Penegasan ini disimpulkan dari ketentuan KUHPerdata, literatur, dan putusan-putusan. Dalam hal ini, standar yang seharusnya digunakan bukan hanya tahu atau tidaknya pembeli berdasarkan pengakuannya sendiri (subyektif), namun juga apakah pembeli telah melakukan upaya untuk mencari tahu (obyektif), baik secara formil (dengan melakukan transaksi di depan PPAT, atau Kepala Desa jika transaksinya adalah tanah adat), maupun secara materiil</p><p> <em>The transfer of rights to land ownership is fixed on the rule that a person cannot transfer something more than what he has. This is faced with the principle of 'bona fides' (good faith) which protects buyers with good intentions. Its legal position places two basically innocent parties to face each other in court and ask to be won, due to the actions of other parties who may have bad intentions. The basic question is, in this case which party should get legal protection, are the holders of land rights or buyers who claim good intentions? The most widely used reason is the sale and purchase through a notary / PPAT Protection of buyers with good intentions is an exception, that is when the buyer cannot predict the existence of an error in the transfer of rights and errors due to the owner's own fault (toedoenbeginsel). If a dispute arises, then it must be considered whether the illegitimate transition is caused more by the fault of the buyer who did not observe the origin of the land he bought, or the fault of the original owner who did not properly safeguard his rights. UUPA and PP No. 24/1997 does not explain the meaning of 'good faith'. This affirmation is concluded from the provisions of the Civil Code, literature, and decisions. In this case, the standard that should be used is not only whether or not the buyer is based on his own (subjective) recognition, but also whether the buyer has made an effort to find out (objectively), both formally (by conducting transactions before PPAT, or the Village Head if the transaction is customary land), and materially</em><em>.</em></p></div>

scholarly journals Legal Construction of Sale and Purchase of Land in Indonesia in the Perspective of Act No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles

2020 ◽  
Vol 7 (8) ◽  
pp. 706
Author(s):  
Pringgo Soebowo ◽  
Endang Prasetyawati ◽  
Moch. Isnaeni
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Daily Practice ◽  
Customary Law ◽  
Land Law ◽  
Legal Research ◽  
Conceptual Approach ◽  
Approach Method ◽  
Legal Construction

The sale and purchase of land-based on customary law in daily practice is still practiced by some people in Indonesia. The sale and purchase of land in customary law adhere to the principle of "tunai and terang" which means that the handover of rights by the seller is carried out simultaneously with payment by the buyer and immediately the rights have transferred. This research discusses the Ratio legis of the use of the principle of "tunai and terang" in the sale and purchase of land in Indonesia. The research method used is normative legal research with a statutory approach and a conceptual approach as a problem approach method. The results showed that the use of "tunai and terang" in the formation of sale and purchase agreements for land rights in Indonesia is because UUPA accommodates Customary Law as the basis for the National Land Law. The existence of cash and light principles is expected to provide legal protection for sellers and buyers.

scholarly journals Good Selling Buying Agreement and Legal Protection for Sellers

Lentera Hukum ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 133
Author(s):  
Fransiska Novita Eleanora ◽  
Andang Sari
Keyword(s):  
Research Method ◽  
Family Law ◽  
Legal Protection ◽  
Civil Code ◽  
Good Faith ◽  
The Other ◽  
Literature Study ◽  
What Is Said ◽  
Material Things

The concept of the agreement is accorded to Article 1313 of the Civil Code (KUHPdt). According to the Civil Code, what is said as an act is an agreement with one person with another person and can be said more and in mutual binding. The scope of the agreement is too broad, including the marriage agreement regulated in the field of family law. A unilateral agreement is an agreement that is not allowed which is indeed not only coming or popping up from various parties or parties, and also not permitted between the two or the other parties. In the agreement there should be an element of binding to each other, meaning that the party from the other agreement maker can always tie themselves to the other party and the other party also binds themselves to those who are different or different. The agreement is evident between the two parties. Without stating the purpose in an agreement by the parties that make the agreement and for what the agreement was made, moreover the contents of the agreement are unclear and prohibited by law. This study uses a research method that is literature study where by referring to literature or books and the rules of existing or normative legislation. The results achieved are then it can be said that the agreement is null and void. According to these reasons, the concept of agreement can be formulated with an agreement in which in the field called assets occurs something or things and material things that are mutual to always bind themselves from the seller or buyer to implement the agreement. Agreements that have been implemented must be carried out in accordance with the rights and obligations of each party and there is no default or negligence in carrying out their obligations so that they can be said to have good intentions in the agreement. Keywords: Legal Protection, Seller, Good Faith

scholarly journals LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE)

2021 ◽  
Vol 6 (1) ◽  
pp. 9-15
Author(s):  
Ni Putu Theresa Putri Nusantara ◽  
I Made Suwitra ◽  
I Nyoman Sujana
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Customary Law ◽  
Legal Research ◽  
Inheritance Law ◽  
Village Community ◽  
Religious Law ◽  
Ownership Rights ◽  
The Village ◽  
Legal Force

This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.  

Perempuan dan Liminalitas dalam Tradisi Perkawinan Adat di Timor Tengah Selatan

2020 ◽  
Vol 6 (1) ◽  
pp. 114
Author(s):  
Marsel Eliaser Liunokas
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Literature Study ◽  
Qualitative Research Method ◽  
South Central ◽  
A Value ◽  
Traditional Marriage ◽  
The Village ◽  
As If

Timorese culture is patriarchal in that men are more dominant than women. As if women were not considered in traditional rituals so that an understanding was built that valued women lower than men. However, in contrast to the article to be studied, this would like to see the priority of women’s roles in traditional marriages in Belle village, South Central Timor. The role of women wiil be seen from giving awards to their parents called puah mnasi manu mnasi. This paper aims to look at the meaning of the rituals of puah mnasi maun mnasi and the role and strengths that women have in traditional marriage rituals in the village of Belle, South Central Timor. The method used for this research is a qualitative research method using interview techniques with a number of people in the Belle Villa community and literature study to strengthen this writing. Based on the data obtained this paper shows that the adat rituals of puah mnasi manu mnasi provide a value that can be learned, namely respect for women, togetherness between the two families, and brotherhood that is intertwined due to customary marital affrairs.

scholarly journals Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Civil Code ◽  
Employment Relationships ◽  
Work Relations ◽  
Library Research ◽  
Work Relationship ◽  
Conducting Research ◽  
Laws And Regulations

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>

scholarly journals Nana Diana

2021 ◽  
Author(s):  
GOVERNANCE: JURNAL POLITIK LOKAL DAN PEMBANGUNAN
Keyword(s):  
Qualitative Research ◽  
Community Participation ◽  
Research Method ◽  
Research Approach ◽  
Literature Study ◽  
District Government ◽  
The Village ◽  
Depth Interviews ◽  
Research Show

This study aims to see the community participation in the satellite area in the construction and maintenance of Drainage in the Village Marindal II District Patumbak Deli Serdang. The research method used to answer the problem in this research is the method of qualitative research approach. Data obtained through in-depth interviews, literature study and documentation. Informant research comes from the elements of sub-district government and community. The results of the research show that the participation, involvement and utilization of drainage facilities are running well.

Legal Protection For Buyers In Trading Land Rights Exercised In Front of The Village Head (The Practice oof Buying and Selling Land Rights Is Not Done Before PPAT In Plana Village Somagede District Banyumas Regency).

Authentica ◽  
2020 ◽  
Vol 3 (1) ◽  
pp. 54-74
Author(s):  
Yulia Yulia Widiastuti
Keyword(s):  
Government Policy ◽  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Legal Norms ◽  
The People ◽  
The Village ◽  
Local Government Policy

The sale and sale of land rights must be done in the presence of PPAT as proof that there has been a sale and purchase of a land right and then PPAT makes a Deed of Sale and Then followed by registration at the local Land Office following the location of the land. But the fact that until now there is still a sale of land rights done in the presence of the Village Head, as happened in Plana Village Somagede District Banyumas Regency. The point raised in this study is why are the people of Plana Village Somagede sub-district still there who trade land rights, not before the authorized officials, namely PPAT? and what is the legal protection for buyers of land rights that are not done in the presence of authorized officials, namely PPAT? This research uses sociological juridical approach methods, primary data, and secondary data obtained and then analyzed based on legal norms and theories namely legal protection and legal effectiveness. From the results of the research and concluded, then the Village Head must dare to refuse to buy and sell land rights in front of him and the local government policy must impose strict sanctions on the Village Head who violated it, the socialization of the Banyumas district land office must be carried out regularly so that the people trade rights on the land following the prevailing regulations and for the villagers of Plana who have been able to trade rights on the land in front of the Village Head to immediately transition the rights to the land following Article 37 paragraph (1) or paragraph (2) of Government Regulation No. 24/1997 on Land Registration.Keywords: Buy and Sell, Village Head, PPAT

Strategi Penyelesaian Pendaftaran Tanah Hak Komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta

Tunas Agraria ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 45-69
Author(s):  
Ardi Saputra Sinaga ◽  
Julius Sembiring ◽  
Sukayadi Sukayadi
Keyword(s):  
Indigenous Peoples ◽  
Research Method ◽  
Legal Status ◽  
Land Rights ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
Communal Land ◽  
Community Strategy ◽  
Land Control

Abstract: Environment and Forestry Ministry established the reserve incense forest of the Pan-dumaan-Sipituhuta Customary Law Community as a customary forest. But in reality, it has not been guaranteed legal certainty regarding the existence and recognition of the rights of the Pan-dumaan-Sipituhuta Customary Law Community. The objective of this research is to know the le-gal status of Indigenous Peoples forest in Pandumaan-Sipituhuta Customary Law at this time, strategy of the land registration of communal right settlement, and constraint and effort done in the land registration of communal right settlement of Pandumaan-Sipituhuta Customary Law Community. This research uses qualitative research method with empirical juridical research form. Based on the results of the study showed that the legal status of the Indigenous Forests of Pandumaan-Sipituhuta Customary Law Society is currently reserved as customary forest of Pan-dumaan-Sipituhuta Customary Law Community. Strategy for resolving communal rights land registration in the incense forest of the Pandumaan-Sipituhuta Customary Law Community through four stages. First, recognition of the existence of the Pandumaan-Sipituhuta Customary Law Community. Secondly, the establishment of customary forests of the Pandumaan-Sipituhuta Customary Law Community by Environment and Forestry Ministry. Third, the Settlement of Land Control in Forest Areas is carried out in accordance with Presidential Regulation Number 88 of 2017 by issuing customary forests of the Pandumaan-Sipituhuta Customary Law Community from forest areas. Fourth, registration of communal land rights of Pandumaan-Sipituhuta Custom-ary Law Community.Keywords: strategy, communal rights, customary forestsIntisari: Kementerian Lingkungan Hidup dan Kehutanan (KLHK) menetapkan pencadangan hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta sebagai hutan adat. Tetapi kenyataannya, keadaan tersebut hingga saat ini dinilai belum menjamin kepastian hukum akan keberadaan dan pengakuan hak Masyarakat Hukum Adat Pandumaan-Sipituhuta. Tujuan dari penelitian ini untuk menjelaskan bagaimana strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan yuridis empiris. Berdasarkan hasil penelitian menunjukan bahwa status hukum hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta saat ini dicadangkan sebagai hutan adat. Strategi penyelesaian pendaftaran tanah hak komunal hutan kemenyan Masyarakat Hukum Adat Pandumaan-Sipituhuta melalui empat tahapan. Pertama, pengakuan keberadaan Masyarakat Hukum Adat Pandumaan-Sipituhuta. Kedua, penetapan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta oleh KLHK. Ketiga, dilakukan Penyelesaian Penguasaan Tanah dalam Kawasan Hutan sesuai dengan Peraturan Presiden Nomor 88 Tahun 2017dengan cara mengeluarkan hutan adat Masyarakat Hukum Adat Pandumaan-Sipituhuta dari kawasan hutan. Keempat, pendaftaran tanah hak komunal Masyarakat Hukum Adat Pandumaan-Sipituhuta.Kata Kunci : strategi, hak komunal, hutan adat

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