scholarly journals PENGATURAN PROSEDUR PEMBATALAN SERTIPIKAT HAK ATAS TANAH YANG MERUPAKAN BARANG MILIK NEGARA

Author(s):  
Anak Agung Istri Diah Mahadewi

AstractThis study discusses, "regulation of Procedure Cancellation of Certificate of Land whichis the State Owned Assets", which aims to study theoretically on Cancellation of Certificateof Rights to the land including State owned Assets, ie, how the implementation Regulation ofCancellation of Certificate of Land to include of State.This research is a law that is derived from primary and secondary legal materials werethen analyzed by using the approach of legislation and legal concepts and approaches usinganalytical tools and techniques argumetasi legal description.Discussion and research results can be summarized as follows: Regulation Procedurecancellation of Certificate of Land which is the State Owned Assets can not provide legalcertainty for the National Land Agency officials in conducting cancellation, because to thestate owned assets known as asset removal must be approved by Property Manager theMinister of Finance, while the state owned assets such as land has issued a certificate if theobject of the dispute and has permanent legal force in terms of the form of action settlementwith the cancellation of the certificate of land Rights. So in this case the absence of a definiteregulation that can be used as guidelines for the Government Apparatus to take legal action inthe form of cancellation of Certificate of Land Rights

2021 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Orias Reizal De Rooy ◽  
Hendrik Salmon ◽  
Reny Heronia Nendissa

Introduction: Regulation of the land control and land use on conservation areas, especially in coastal and coastal areas refers to the agrarian regulation in general, both for the benefit of the government and the public interest. The public interest is related to the rights that the State can give to its people for certain objects. Concerning the rights of the people, the state constitution guarantees the existence of the basic rights of the people, not only to the rights to land but also to other basic rights that are indeed held by the people and must be protected by the State.Purposes of the Research: Analyze the status of land rights in conservation areas and the legal consequences of land rights in conservation areas.Methods of the Research: The research methods used in this article is Normative Research, which is to examines and identify laws and regulations as well as legal concepts, especially about Land Rights on Conservation Areas to be the subject of study in finding the answers to the issues above.Results of the Research: The nature of the law which is always open and dynamic following the dynamics of changing community needs is expected to be able to answer the need for legal certainty itself through synchronization and harmonization of laws and regulations that explicitly regulate control and use of land in conservation areas that can guarantee certainty of community rights in the area. the coast.


2019 ◽  
Vol 7 (1) ◽  
pp. 68
Author(s):  
Ananda Dwinanti Kinasih , ◽  
M. Hudi Asrori S ,

<p>Abstract<br />This article aims for reviewing how the settlement of compensation as the consequences of the tenure <br />of land rights unlawfully in civil law Surakarta state court verdict number 106/pdt.g/2017/PN.SKT and <br />number 103/pdt.G/2006/PN.SKT where the court’s decision has a permanent legal force. This research is <br />a juridical normative legal research. The location of this research at Notary Office and PPAT Adib Sujarwadi <br />and the State Court Surakarta Class 1A Specific. Kinds and the sources of data in this research are <br />consist of primary data and secondary data. The technique of data collection through interview and library <br />study. The analytical technique used by the author is by the method of syllogism that uses the deduction <br />mindset. Regarding the settlement of compensation due to unlawful tenure of land rights is a compensatory <br />damages, in the form of payment to the victim amounting to a loss that is actually experienced. Based on <br />the decision of the Panel of Judges. Regarding the non-granting of immaterial compensation because <br />the Plaintiff does not attach the appropriate evidence. After the verdict is declared incracht, outside the <br />court, the Defendant and the Plaintiff may hold deliberations to determine the amount of the indemnity or <br />the Plaintiff waived the indemnity obligation, but the Defendant must leave the land of the object of the <br />dispute voluntarily. In the case of still occupy it will be executed by the bailiff from the Court.<br />Keywords: Compensation; Tort; Tenure Of Land Rights.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji bagaimana penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum pada perkara perdata Putusan Pengadilan Negeri Surakarta Nomor 106/<br />Pdt.G/2017/PN SKT dan Nomor 103/Pdt.G/2006/PN SKT, dimana putusan pengadilan tersebut telah <br />berkekuatan hukum tetap. Penelitian ini merupakan penelitian hukum normatif yuridis. Lokasi penelitian <br />yaitu di Kantor Notaris dan PPAT Adib Sujarwadi dan Pengadilan Negeri Surakarta Kelas IA Khusus. Jenis <br />dan sumber data penelitian ini meliputi data primer dan data sekunder. Teknik pengumpulan data melalui <br />wawancara dan studi kepustakaan. Teknik analisis yang digunakan oleh penulis adalah dengan metode <br />silogisme yang menggunakan pola pikir deduksi. Penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum yaitu dengan ganti rugi kompensasi, berupa pembayaran kepada korban <br />sebesar kerugian yang benar-benar dialami. Berdasarkan keputusan Majelis Hakim. Mengenai tidak <br />dikabulkannya ganti rugi immateriil dikarenakan Penggugat tidak melampirkan bukti-bukti yang sesuai. <br />Setelah putusan dinyatakan incraht, di luar pengadilan, Tergugat dan Penggugat dapat mengadakan <br />musyawarah untuk menentukan jumlah ganti rugi atau Penggugat membebaskan kewajiban pembayaran <br />ganti rugi, namun Tergugat harus meninggalkan tanah obyek sengketa secara sukarela. Dalam hal masih <br />tetap menempati maka akan dilakukan eksekusi oleh juru sita dari Pengadilan.<br />Kata Kunci : Ganti Kerugian; Perbuatan Melawan Hukum; Penguasaan Hak Atas Tanah.</p>


2013 ◽  
Vol 13 (2) ◽  
pp. 233
Author(s):  
Masruhan Masruhan

Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa&gt;s}id al - shari&gt;ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.


Author(s):  
Seun Bamidele ◽  
Olusegun Oladele Idowu

Abstract The politics of land rights and low or high intensity protest in the twenty-first century has produced several land-related protesters with a variety of strategies. This study focuses on the challenges of urbanization as it affects the Kpaduma community in Abuja, Federal Capital Territory (fct), Nigeria. Kpaduma, an indigenous group, has a history of protest at various times with the government over its ancestral land. The last protest in 2016 brought massive destruction of settlements and forced displacement. Quite a number of works have been written on the land protests, with particular reference to their causes and consequences. However, the post-protests situation, particularly regarding the tense relationship and urbanization process in the locality, is yet to be sufficiently explored. This study investigates the state of relations between the government and Kpaduma as well as the urbanization processes in the country’s capital after the forced displacement of Kpaduma.


2021 ◽  
Vol 3 (2) ◽  
pp. 49-57
Author(s):  
Imron Rizki A ◽  
Rizki Mustika Suhartono ◽  
Safrin Salam

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.  


2021 ◽  
Vol 1 (3) ◽  
pp. 06-17
Author(s):  
Laxmi Saxena ◽  
◽  
Dr. Pratima Rawal ◽  
◽  

On 19th July 2000, Government of Rajasthan issued a gazette notification by which Rajasthan State Electricity Board (RSEB) was unbundled into new entities based on functional specialization. RSEB was unbundled into five new entities out of which Rajasthan Rajya Vidyut Prasaran Nigam Ltd., (RVPN) is constituted as transmission company. Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RVPN) was discharging wheeling of power and electricity transmission only. The Transmission Company operates all the 765 kV, 400kV, 220 kV and 132 kV electricity lines and system in the State. Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RVPN) deliver power from the location of generation to inter-phase point of Discoms so as to enable them to supply where it is needed either in the homes or in businesses they serve. The main important objective of the RVPN is to provide reliable electric transmission service to the customers. Being infrastructure of RVPN it serves as the link in transporting electricity to millions of electricity users as a public utility. RVPN is a Government Company and its Authorized Share Capital is Rs. 7000 crore and paid up capital is Rs.4441.04 as on 31.13.2019. RVPN is a State Power Transmission Utility, wholly owned by the Government of Rajasthan which undertakes activities relating to transmission of power and management of load dispatch in the state of Rajasthan. This study analysis the capital structure and financial performance of Rajasthan Rajya Vidyut Prasaran Nigam Ltd (RVPN) of the last three years 2016-17 to 2018-19. The required data were collected from the secondary source i.e. audited final accounts of RRVPNLTD. This research paper was an effort to identify its financial strength and weakness with the help of various financial analysis tools and techniques.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Irma Garwan

Abstrak Perkawinan Siri adalah salah satu bentuk masalah yang tejadi di Negara Indonesia saat ini . Permasalahn ini sangat sulit untuk dipantau oleh pihak yang berwenang, karena mereka yang melaksanakan pernikahan siri ini tidak dilaporkan pernikahan mereka kepada pihak yang berkompeten dalam hal ini yakni Kantor Urusan Agama (KUA) bagi umat muslim dan Kantor Catatan Sipil bagi yang Non Muslim. Pernikahan siri biasanya dilakukan dihadapan tokoh masyarakat atau ustad sebagai Penghulu, atau ada juga yang dilakukan secara adat-istiadat saja kemudian tidak dilaporkan kepada pihak yang berwenang untuk dicatatkan sesuai ketentuan undang-undang No.1 tahun 1974 tentang Perkawinan pada pasal 2 ayat (2) yang berbunyi “tiaptiap perkawinan dicatat menurut peraturan perundang-undangan yang berlaku. Adapun masalah pencatatan perkawinan yang tidak dilaksanakan tidaklah menganggu keabsahan suatu perkawinan yang telah dilaksanakan sesuai hukum islam . karena sekedar menyangkut aspek administrative. Hanya saja jika suatu perwainan tidak dicatatkan, maka suamiistri tersebut tidak memiliki bukti otentik bahwa mereka telah melaksanakan suatu perkawinan yang sah. Akibatnya, dilihat dari aspek yuridis, perkawinan tersebut tidak diakui pemerintah, sehingga tidak mempunyai kekuatan hukum. Dampak positif maupun negative juga menyertai praktk perkawinan siri diantaranya untuk dampak positifnya meminimalisasi adanya perzinaan melalui seks bebas. Namun disisi lain juga dampak negatifnya adalah merugikan banyak pihak terutama hak dan kewajiban wanita dan anakanak dari perkawinan siri tersebut. Akibat hukumnya bagi perkawinan yang tidak memiliki Akte Nikah, secara Yuridis suami atau istri serta anak yang dilahirkan tidak dapat melakukan tindakan hukum keperdataan berkaitan dengan rumah tangganya. Anak-anaknya hanya akan diakui oleh Negara sebagai anak diluar kawin yang hanya memiliki hubungan keperdataan dengan ibu dan keluarga ibunya. Kata Kunci: Hak-hak anak dari pernikahan siri, peerceraian Abstract Siri marriage is one form of the problem that occurred in the State of Indonesia today. Cases is very difficult to be monitored by the authorities, because those who perform marriages this series not reported their marriage to the competent authorities in this case the Office of Religious Affairs (KUA) to Muslims and the Civil Registry for the non-Muslims. Wedding series is usually done before the community leader or cleric as a prince, or some are performed by customs only then are not reported to the authorities to be listed in accordance with the law No.1 of 1974 on Marriage in Article 2 paragraph (2) which reads "every marriage is recorded in accordance with the legislation in force. As for the issue of marriage registration were not carried out would not interfere with the validity of a marriage that has been conducted in accordance with Islamic law. because simply linked to administrative aspects. Only if a perwainan is not listed, then the couple have no authentic evidence that it has executed a valid marriage. As a result, the views from the juridical aspect, the marriage is not recognized by the government, so it does not have the force of law. Positive and negative impacts also accompany praktk marriage siri them to minimize their positive impact through free sex adultery. On the other hand also the negative impact is detrimental to many parties, especially the rights and obligations of women and children from the marriage siri. As a result of the consequences of the marriage that do not have a Marriage Certificate, in Juridical husband or wife and children who are born unable to perform civil legal action related to the household. Her children will only be recognized by the State as a child beyond the mating just have a civil relationship with her mother and her mother's family. Keywords: Children's rights from siri marriage, divorce


2020 ◽  
Vol 16 (2) ◽  
pp. 88-103
Author(s):  
Ajeng Resti Fauzi ◽  
Kholida Atiyatul Maula

The purpose of this research is to know the influence of understanding, awareness, tax rates and taxation services of SMES taxpayer compliance. One of the efforts to help the economic development is in the presence of SMES in Indonesia. Development and development of the country will grow more if the state financing runs smoothly. One of the Government's efforts for the state financing to run smoothly is that the government needs a sufficient source of country for the development of the country that is being done by paying taxes. The population in this study is a SME which includes SMES champion in Karawang Regency period 2019, amounting to 58 MSMES. Data is collected by spreading the questionnaire to SMES The study used multiple linear analysis techniques. In partial testing the results showed that tax awareness and tariffs were influential for taxpayer compliance, while understanding and taxation services had no effect on the taxpayer's obligation. In the simultaneous testing of research results shows that understanding, awareness, tax rates and taxation services jointly affect taxpayer compliance.


Author(s):  
Nourma Dewi

Land rights are one of the rights of life of the community. This right should have been protected by the state as the implementation of Article 33 paragraph (3) of the 1945 Republic of Indonesia Constitution that the earth and natural wealth in it are protected by the state and used for the people's prosperity. This right is violated by the determination of land owned by the people declared in the green zone so that its use and allocation is limited by the government. On the other hand, when the land will be used in the framework of government planning, the status of the land will change according to the interests of the government. This phenomenon illustrates that the law that should support the state to give a sense of justice to the people on the contrary makes people's rights not fulfilled. The aim to be achieved in this study is to analyze the role of the government in protecting community land rights in the green zone. This research is normative legal research. Based on the research, it was concluded that community welfare and community justice were not well accommodated by the government regarding land in the green zone because there was a lack of clear arrangements regarding the ability to transfer the land.


Cepalo ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 63
Author(s):  
Natasha Marcella Geovanny ◽  
Marchelina Theresia ◽  
Devina Felicia Widjaja

The control of land by the state is stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD 1945). Based on this article, it means that the State has authority over land tenure, this encourages the writing of a journal on the application of social functions and the determination of compensation that occurs in the land sector. This research was conducted because the authors see that there are still many disputes related to the implementation of the social function itself and the application of the determination of compensation as stipulated in the provisions relating to this matter it is caused because the application in real life has not been running optimally. This study aims to find out how the government’s authority should be for land tenure and its relation to social functions and the determination of compensation. The location used as a case study is located in Batu Jaya Village, Tangerang City. Data collection is done by interviewing several related parties and also conducting a literature study by finding sources related to government authority over land tenure, the concept of social functions, and the determination of compensation. The results of this study indicate that the government has the power to grant land rights and revoke land rights in the public interest.


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