scholarly journals Pelaksanaan Pendaftaran Peralihan Hak Atas Tanah Karena Jual Beli

2020 ◽  
Vol 8 (2) ◽  
pp. 192-201
Author(s):  
Nuridin Nuridin ◽  
Muhammad Wildan
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Land Registration ◽  
The Future ◽  
Laws And Regulations

Buying and selling is something that is already familiar to us. Buying and selling in this case the sale and purchase of land rights often occurs in the community, but in its implementation the community has not been too understanding in terms of land registration procedures due to legal acts of sale and purchase. The lack of understanding from the community resulted in disputes in the future such as the rise of disputes over land rights resulting from the transfer of rights to land that had not yet been registered. This writing uses a normative juridical research method, where this study refers to the provisions of applicable laws and regulations. The results of the study show that legal actions through buying and selling must be officially registered with the local Land Office. The purpose of registering the transfer of land rights is to obtain legal guarantees for the parties regarding ownership of the land rights. So that there is a need for further understanding of the importance of registration of land rights due to buying and selling.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

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

scholarly journals Legal Vacancies in the Transfer of Rights to Class III State Houses in the Form of Flats

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Adi Jatmika
Keyword(s):  
Research Method ◽  
Land Rights ◽  
The Other ◽  
Class Iii ◽  
Land Registration ◽  
Group Iii ◽  
Positive Law ◽  
Shared Objects ◽  
The Status ◽  
The Impact

Class III state houses are in the form of flats including those whose rights can be transferred either independently and / or in the form of Apartment Units with or without their land by means of leasing, there are sectoral regulations that regulate these matters such as rules regarding state houses, flats, state property, and land registration have the impact of disharmony and legal vacancies. The research method used is the juridical-normative research method. The final part of this research concludes that the validity of Class III State Houses in the Form of Flats must meet the requirements stipulated in statutory regulations, including the status of land rights, the distribution of apartment elements such as shared land, shared objects, and parts together as regulated in the Law on Flats, the existence of the Association of Owners and Occupants of Apartment Units (<em>PPPSRS</em>) which is formed by the agency concerned, as well as the issuance of the Occupancy Permit of Class III State Houses in the Form of Flats. Holders of occupancy permits have rights, namely SIP Holders of State Houses of Category III can apply for transfer of Class III State Houses to the relevant Minister, protection of efforts to apply for transfer of these rights is preventive based on positive law in Indonesia which regulates the transfer can be carried out. There was a vacuum and disharmony in the Legislation regarding the Transfer of Rights to Group III State Houses in the Form of Flats, seen from the existence of Regulations that govern the transfer as in Presidential Regulation Number 11 of 2008, on the other hand there are no regulations governing the transfer of Class III State Houses. In the form of a Flat with the implications regarding the status of the Flat Ownership Unit (<em>SHM Sarusun</em>) as well as the status of joint shares, common objects, and common land, whether it can be transferred and managed by the Association of Owners and Residents of Flats (<em>PPPSRS</em>) or still become State Property

scholarly journals Kedudukan Notaris dan PPAT dalam Perjanjian Jual Beli Tanah dan Jaminan Perlindungan bagi Para Pihak

2020 ◽  
Vol 1 (2) ◽  
pp. 379-383
Author(s):  
I Komang Edy Susanto ◽  
Ida Ayu Putu Widiati ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Equal Treatment ◽  
Public Official ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Method ◽  
The Law ◽  
The Right

Basically, notaries also serve as Land Deed Making Official (hereafter called PPAT) after they carry out a test. Thus, in carrying out their role as PPAT, they are entitled to make deeds of transferring land rights. Based on this background, this research was conducted with the aim of describing how the position of the notary and PPAT in transferring land rights and how legal protection for parties who transfer land through sale and purchase. The research method used in this research was a normative legal method. The results of this study indicated that the position of a notary in the transfer of land rights as an official deed maker is mentioned in article 2 paragraph (1) of Law No. 2/2014 concerning the Position of Notary, which states that a notary is a public official who is authorized to make authentic deeds and has other powers as referred to in this Law or based on other Prevailing Laws. The position of the PPAT in essence has the task of carrying out land registration by making deeds as evidence and having carried out certain legal actions regarding land rights. Legal protection for parties transferring land through sale and purchase is stated in the 1945 Constitution, namely Article 27 paragraph (1) which states that each person has the right to recognition, guarantee, protection, and legal certainty that is just and equal treatment before the law.

scholarly journals The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Gabriella Talenta Sekotibo
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Land Registration ◽  
Strength Of Evidence ◽  
Legal Standing ◽  
Legal Consequences

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.

Penyelesaian Sengketa Akses Jalan Bidang Tanah Pekarangan

Tunas Agraria ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Siti Arifatun Sholihah ◽  
Haryo Budhiawan ◽  
Sarjita Sarjita
Keyword(s):  
Research Method ◽  
Dispute Settlement ◽  
Land Rights ◽  
Social Function ◽  
Land Registration ◽  
Registration Data ◽  
The Social ◽  
Individual Concepts ◽  
Empirical Law ◽  
The Right

Abstract : The right through the yard of another is a form of social function of land rights that reflected in Article 6 of the UUPA. The social function of land rights itself tends to shift toward individual concepts, leading to the non-fulfillment of the social function of land rights. This can lead to disagreements, such as disputes over road access of yard. This study aims to determine the problems encountered in the settlement of access of yard disputes and the pattern of settlement through Mediation, State Administrative Court and General Courts. The research method used is empirical law research method with case approach done to 3 (three) cases related to access of yard disputes. The results showed that the problems faced in the settlement of access of yard disputes is the lack of detailed regulations on the dedication of the yard, and the unoptimal implementation of the provisions related to the access of yard in the first land registration. In relation to its implementation, dispute settlement through Mediation can be said to solve the problem more thoroughly than the handling of disputes through the judiciary, especially related to the maintenance of land registration data. Keywords : Dispute Resolution, Access of  Yard, Social Function of Land Rights Intisari : Hak melalui pekarangan orang lain merupakan salah satu wujud fungsi sosial hak atas tanah yang jiwanya tercermin dalam Pasal 6 UUPA. Fungsi sosial hak atas tanah sendiri cenderung mengalami pergeseran menuju konsep individual, yang berujung pada tidak terpenuhinya fungsi sosial hak atas tanah. Hal tersebut dapat memicu perselisihan, seperti sengketa mengenai akses jalan bidang tanah pekarangan. Penelitian ini bertujuan untuk mengetahui problematika yang dihadapi dalam penyelesaian sengketa akses jalan bidang tanah pekarangan serta pola penyelesaiannya melalui Mediasi, Peradilan Tata Usaha Negara dan Peradilan Umum. Metode penelitian yang digunakan adalah metode penelitian hukum empiris dengan pendekatan kasus yang dilakukan terhadap 3 (tiga) kasus terkait sengketa akses jalan bidang tanah pekarangan. Hasil penelitian menunjukkan bahwa problematika yang dihadapi dalam penyelesaian sengketa akses jalan bidang tanah pekarangan adalah belum tersedianya peraturan detail mengenai pengabdian pekarangan, serta belum optimalnya pelaksanaan ketentuan terkait akses jalan bidang tanah pekarangan pada pendaftaran tanah pertama kali. Terkait pelaksanaannya, penyelesaian sengketa melalui Mediasi dapat dikatakan menyelesaikan masalah secara lebih tuntas dibandingkan dengan penanganan sengketa melalui lembaga peradilan, terutama terkait dengan pemeliharaan data pendaftaran tanahnya. Kata kunci : Penyelesaian Sengketa, Akses Jalan Bidang Tanah Pekarangan, Fungsi Sosial Hak Atas Tanah

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 PERALIHAN HAK MILIK ATAS TANAH YANG BERASAL DARI WARISAN

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 117
Author(s):  
Amin Slamet
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Land Rights ◽  
Land Ownership ◽  
Sampling Techniques ◽  
Legal Certainty ◽  
Land Registration ◽  
Inhibiting Factors ◽  
Qualitative Descriptive ◽  
Descriptive Method

The purpose of this research is: First, to find out the implementation of the transfer of ownership of the inherited land in Samarinda. Second, to find out the inhibiting factors in the registration of the transfer of title to inherited land in Samarinda. To find out the purpose above, then determined the research method is The Qualitative Descriptive Method, with sampling techniques by purposive sampling. Data collection techniques such as interviews with observations and study documents relevant to the problem under study.Therefore it is hoped that the National Land Agency as the only body that regulates land in Indonesia is expected to be able to better socialize land regulations so that people can better understand the importance of registering land rights transfers using deeds to provide legal certainty and protection for right holders. as well as the main purpose of land registration itself.Keywords: Land Ownership, Inheritance

scholarly journals Perlindungan Hukum Atas Kriminalisasi Terhadap Notaris Karena Terjadinya Pembatalan Perjanjian Jual Beli Hak Atas Tanah

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 514
Author(s):  
I Gusti Ngurah Bagus Pramana ◽  
Gde Made Swardhana
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Future ◽  
Problem Formulations

This research is motivated by the existence of conflict norms in Article 16 paragraph (1) letter a UUJN with Article 16 paragraph (1) letter e UUJN. The notary is obliged to behave honestly in checking certificates at the land office, and to be careful in carrying out the sale and purchase agreement process, so as not to cause losses and problems in the future. At this writing, there are two problem formulations: what is the basis for the Notary for canceling the sale and purchase agreement of land rights and what is the legal protection for the criminalization of the Notary by the seller due to the cancellation of the sale and purchase agreement for land rights. The research objective is to find out the basis for the notary to cancel the sale and purchase agreement of land rights and to protect the notary from criminalization by the seller from the cancellation of the sale and purchase agreement of land rights. The legal research method uses normative legal research with a statutory approach and a conceptual approach. The results of the study show that the basis for the notary to cancel the sale and purchase agreement process is to act honestly, thoroughly, independently, and to protect the interests of the parties involved in legal actions and legal protection for criminalization of notaries by the seller because the cancellation of the sale and purchase agreement is a notary. can exercise his denial.

scholarly journals ANALISIS TERHADAP SENGKETA TANAH TERKAIT PENERBITAN SERTIPIKAT HAK GUNA BANGUNAN NOMOR 2849 (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 496/K/TUN/2017)

2018 ◽  
Vol 1 (1) ◽  
pp. 462
Author(s):  
Evani Sugiharto ◽  
Hasni .
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Legal Research ◽  
Concrete Case ◽  
Public And Private ◽  
Land Registration ◽  
Legal Provisions ◽  
Land Title ◽  
Legal Relationship ◽  
Legal Security

Agrarian Law is overall legal provisions, both written and unwritten, which all of that have the same set of objectsthat is as legal institutions and as a concrete legal relationship, public and private aspect, which can be arranged and studied systematically. In agrarian section, in order to deal with concrete case, granting of legal security can’t be realized only with the availability of legal instruments. Land registration is required which will result certificate as a strong sign of land title. Lack of awareness in the importance of land registration activities and uncertainty over the grounds of the rights to the land owned.the problem in thiswritting ishow the implementation of Building Rights Title provition number 2849 according to the data from plaintiff and defendant over ground subject are already in accordance with legal provisions? The research method used is normative legal research method that comes from primary, secondary, and supported by interview with related experts, which is analyzed qualitatively. The result is Head of South Jakarta Land Officer who issued a Decree on Granting of Land Rights on December 5, 2013 number 991 not in accordance with the procedure in article 26 section 1 and article 28 section 1,3 Government Ordinance number 24/1997 because it has been issued 7 days prior to the end of the announcement period, so there are procedural defect in the Building Rights Title number 2849/Cilandak Barat.

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