scholarly journals ANALISIS PENERAPAN WILAYAH KERJA PPAT BERDASARKAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2016 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 37 TAHUN 1998 DI PROVINSI DKI JAKARTA

2018 ◽  
Vol 1 (1) ◽  
pp. 267
Author(s):  
Ivandi Setiawan ◽  
Rasji .
Keyword(s):  
Government Regulation ◽  
Property Right ◽  
Public Official ◽  
Legal Certainty ◽  
The Public ◽  
Work Area ◽  
The Government ◽  
The Right

PPAT is a public official authorized to make authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. Government Regulation No. 24 of 2016 is the latest regulation made by the government to regulate provisions on PPAT. in Government Regulation No. 24 of 2016 in Article 12 paragraph one explained that the scope of work area of PPAT is expanded into one province where in the previous regulation that is government regulation number 37 year 1998 explained that the scope of work of PPAT is only limited to district only. but the fact is now the government regulation number 24 of 2016 has not been applied efficiently, especially in terms of the scope of work of PPAT, it happens because of several factors that hamper causing the loss of effectiveness in Article 12 Paragraph one of Government Regulation No. 24 of 2016 . it is of course also contrary to the legal certainty that the public should have legal certainty with the enactment of the government regulation number 24 of 2016 by the government then the regulation should be applicable in the scope of the working area of PPAT should be applicable in practice in the community. contrary to lex posterior derogate legi priori principle which explains that in the same rules the new rules can replace the old rules. the approach used in this study using the approach of law.

scholarly journals Peranan PPAT Dalam Pensertifikatan Tanah Akibat Jual Beli

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 241
Author(s):  
Ratih Mega Puspa Sari ◽  
Gunarto Gunarto
Keyword(s):  
Government Regulation ◽  
Property Right ◽  
Public Official ◽  
Land Registration ◽  
The Real ◽  
The Republic ◽  
The Government ◽  
The Right

ABSTRACTDalam Pasal 1 Peraturan Pemerintah Republik Indonesia Nomor 24 tahun 2016 tentang Perubahan Atas Peraturan Pemerintah nomor 37 tahun 1998 tentang Peraturan Jabatan Pejabat Pembuat Akta Tanah ini yang dimaksud dengan Pejabat Pembuat Akta Tanah, selanjutnya disebut PPAT, adalah pejabat umum yang diberi kewenangan untuk membuat akta-akta otentik mengenai perbuatan hukum tertentu mengenai hak atas tanah atau Hak Milik atas Satuan Rumah Susun. Dan sejak berlakunya Pemerintah Peraturan Nomor 10 Tahun 1961 sebagaimana telah diperbaharui dengan Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah, jual beli atas tanah dilakukan oleh para pihak di hadapan PPAT yang bertugas membuat aktanya. Akta jual beli yang ditandatangani para pihak membuktikan telah terjadi pemindahan hak dari penjual kepada pembelinya dengan disertai pembayaran harganya, telah memenuhi syarat tunai dan menunjukkan secara nyata atau riil perbuatan hukum jual beli yang bersangkutan telah dilaksanakan. Akta tersebut membuktikan bahwa benar telah dilakukan perbuatan hukum pemindahan hak untuk selama-lamanya dan pembayaran harganya.Karena perbuatan hukum yang dilakukan merupakan perbuatan hukum pemindahan hak, maka akta tersebut membuktikan bahwa penerima hak (pembeli) sudah menjadi pemegang haknya yang baru .Kata kunci : Pejabat pembuat akta tanah, Akta Jual Beli Tanah ABSTRACTIn Article 1 of the Government Regulation of the Republic of Indonesia Number 24 of 2016 on Amendment to Government Regulation No. 37 of 1998 on the Regulation of the Official of the Author of the Land Deed as meant by the Land Deed Authority Officer, hereinafter referred to as PPAT, is a public official authorized to make the deed- authentic deeds concerning certain legal acts concerning the right to land or the Property Right of the Flats Unit. And since the enactment of Government Regulation Number 10 Year 1961 as has been updated with Government Regulation No. 24 of 1997 on Land Registration, the sale and purchase of land carried out by the parties in the presence of PPAT in charge of making the act. The sale and purchase deed signed by the parties proves that there has been a transfer of rights from the seller to the purchaser, accompanied by the payment of the price, has met the cash requirements and shows the real or real deed of the sale and purchase law concerned has been executed. The deed proves that the right to have done the legal act of transfer of rights for ever and the payment of the price. Because the legal act is done is a legal act of transfer of rights, then the deed proves that the recipient of the right (buyer) has become the new rights holder.Keyword : Land Deed Official ,The Deed Of Sale And Purchase Of Land

scholarly journals The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights

2019 ◽  
pp. 133-148
Author(s):  
Sulistiani Adont ◽  
La Syarifuddin ◽  
Rahmawati Al Hidayah
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
District Court ◽  
Legal Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Legal Provisions ◽  
Valid Evidence ◽  
The Government ◽  
The Right

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

scholarly journals PENGARUH SERTIFIKAT HAK ATAS TANAH SEBAGAI ALAT BUKTI DALAM MENCAPAI KEPASTIAN HUKUM

2020 ◽  
Vol 12 (1) ◽  
pp. 21-43
Author(s):  
Abdul Muthallib
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
The Government ◽  
The Right ◽  
Role Of The Government

This article discusses legal certainty as one of the objectives of Law No. 5 of 1960 concerning Agrarian (Undang-Undang Nomor 5 Tahun 1960 tentang Pokok-Pokok Agraria) Principles and the influence of land rights certificates as a strong means of proof of land registration. The provision of guarantees of legal certainty to holders of land rights is accommodated in Law Number 5 of 1960 concerning Agrarian Principles and further regulated in Government Regulation Number 24 of 1997 concerning Land Registration (Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah). Using a normative legal view, this article refers to regulations on agrarian. The discussion of the article looks at the role of the government in providing opportunities for all citizens to register land with the aim of obtaining legal certainty and minimizing disputes. This article looks at the purpose of issuing certificates in land registration activities so that right-holders can easily prove that they are the right-holders. This is done so that rights holders can obtain legal certainty and legal protection. However, the land rights certificate issued is considered to be still lacking in minimizing disputes and it is assumed that it has not affected the land rights owners to protect their rights.

scholarly journals Legal Effects of Sporadik Issuance of Certified Land

2019 ◽  
Vol 6 (3) ◽  
pp. 875
Author(s):  
Lalu Didit Patria ◽  
M. Arba ◽  
Sahnan Sahnan
Keyword(s):  
Land Tenure ◽  
Government Regulation ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Sociological Approach ◽  
Proof Of Ownership ◽  
The Government ◽  
The Right ◽  
Ownership Of Land ◽  
Valid Proof

A certificate is a valid proof of ownership of land, but in this case the certificate does not apply if another person also controls the land. The purpose of this study was to analyze the strength of Sporadik law as the evidence of land tenure based on Law Number 5 of 1960 and analyze legal effects of Sporadik issuance of certified land. This study refers to the type of empirical normative research. It utilizes several approaches, including: 1) statute approach, 2) conceptual approach, and 3) sociological approach. The results of this study indicate that the strength of Sporadik issued must be in accordance with the procedures specified in the Government Regulation No. 24 of 1997 so that it has legal strength as the basis for the right to control over land. If the Sporadik issued is not in accordance with the requirements and provisions in the Government Regulation No. 24 of 1997, it cannot be used as the basis for the right to control over the land which can result in the absence of legal certainty and the appearance of disputes.

scholarly journals The Philosophical Foundation of the Coherence of Regulations Concerning Apartment in Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 18
Author(s):  
Salma Suroyya Yuniyanti
Keyword(s):  
Social Justice ◽  
Government Regulation ◽  
Legal Issues ◽  
Philosophical Foundation ◽  
Legal Certainty ◽  
Separation Principle ◽  
Legal Method ◽  
Shared Objects ◽  
The Government ◽  
The Right

A state holds constitutional responsibility of embodying physical, psychological welfare, and social justice for all of its citizens. Developing apartments is one of the Indonesian government's policy to ensure the embodiment of these responsibilities. Regulation on apartment that adheres to horizontal separation principle (<em>Horizontale scheiding beginnsel</em>) still often leads to a range of legal issues. Accordingly, it is necessary to find out and comprehend the philosophical foundation of the coherence of regulations concerning apartment. The present study applied normative legal method with statutory and conceptual approaches. In practice, horizontal separation principle is not well-implemented and is not in line with the Basic Agrarian Law (BAL). Right of Ownership of an apartment unit (HMSRS) is a personal right and is separated from common right upon shared objects, parts, and land. This phenomenon can lead to legal issues, particularly when the secondary rights (i.e., right to use building or right to use upon the state land and right to use building or right to use upon the right to manage) are no longer extended. The implementation of horizontal separation has not provided a legal certainty for the community regarding apartment unit ownership. Accordingly, in order to provide legal certainties, the government should enact Government Regulation as further stipulation of Law no. 20 of 2011.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

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

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

RETHINKING MODEL BISNIS PEMERINTAH DESA: KASUS PADA BADAN USAHA MILIK DESA DI KABUPATEN BANYUMAS, INDONESIA

2018 ◽  
Vol 16 (1) ◽  
pp. 93-102
Author(s):  
Muhammad Husnul Maab ◽  
Shadu S. Wijaya ◽  
Zaula Rizqi Atika ◽  
Denok Kurniasih
Keyword(s):  
Public Administration ◽  
Rural Community ◽  
Fundamental Difference ◽  
Public Enterprise ◽  
Business Sector ◽  
Social Business ◽  
The Public ◽  
Sector Model ◽  
The Government ◽  
The Right

The emergence of rural community owned enterprises khown as BUMDes has been in line with evolution of public administration pradigm, from OPA to NPM who implemented in local government. Local potency development becomes a substantial aspect to improving local competitiveness. Hence, BUMDes formation is one of the models financial capacity to develop local potency in rural level. The aim is comparing traditional and public enterprise based management in local potency management. The results show that there is a fundamental difference in the management of local potency in rural level. Consequently, We argue that has been on the right track, the evolution of the government business model to the public enterprise for the management of local potency in rural level. Evolution of BUMDes is from a bureaucratic to the business sector model, but as a social business not profit maximizing businesses.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

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