scholarly journals ANALISIS TERHADAP TANDA BUKTI HAK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TERKAIT PENGGUNAAN GIRIK NOMOR 87 PERSIL 157 KELURAHAN CENGKARENG BARAT (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR 2459K/PDT/2014)

2018 ◽  
Vol 1 (1) ◽  
pp. 1013
Author(s):  
Stella . ◽  
Hasni .
Keyword(s):  
Supreme Court ◽  
Government Regulation ◽  
Land Ownership ◽  
Land Registration ◽  
Land Title ◽  
Research Outcome ◽  
Agrarian Law ◽  
Customary Land ◽  
Common Understanding ◽  
Made In

Since of Agrarian Law in Indonesia, western right land and communal right land have been converted into land right according to Agrarian Law so the state is obliged to provide legal assurance through land registration, with the end product is certificate as a proof of title. Proof is an important part of law society as it is the legal standing of land ownership. A strong proof of title is defined in the Agrarian Law and Government Regulation as the implementing regulation, however Indonesian society especially low-economy society still the old proof of title. The main issue is how Customary Title Status relates to the proof of land right in the national land law and judge of Supreme Court made in consideration in resolving civil dispute number 2459K/Pdt/2014 on use of customary land title no.87 land parcel 157 West Cengkareng urban village. Based on the research outcome, that the existence of customary land title is still recognized to this date only as one of the requirements in the land registration process to prove the old title and conversion of communal land so that decision of Supreme Court is correctly made that customary land title is not a form of land ownership since there is no agency except National Land Agency can issue proof of title that is certificate. As of the result of this, certificate is a strong proof of land title. So should, there is an importance common understanding of customary land title from fiscal cadaster rather than legal cadaster.

scholarly journals Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola
Keyword(s):  
Government Regulation ◽  
Land Ownership ◽  
Land Law ◽  
Role Of Government ◽  
Land Registration ◽  
Land Administration ◽  
Develop Land ◽  
Customary Land ◽  
Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

scholarly journals Tanah Grant Sultan Melayu Deli menurut Teori Positivistik

2019 ◽  
Vol 6 (2) ◽  
pp. 102
Author(s):  
Rafiqi Rafiqi
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Social Engineering ◽  
Land Ownership ◽  
Legal Certainty ◽  
Land Registration ◽  
Regulatory Approach ◽  
The Law ◽  
Agrarian Law

<h1>"Grant Sultan" land certificate is not the basis of rights. The certificate only explained that the land was Grant Sultan's previous right. The Sultan Grant Certificate is a guide for the National Land Agency to see the basis for land ownership. In accordance with the Basic Agrarian Law (UUPA) No. 5/1960, land that is certified by Grant Sultan will be converted to land, either direct or indirect conversion, further consideration and assessment needs to be done. From the background of this writing the problem is formulated How Legal Certainty Land Registration holders of Grant Sultan Land in Deli Malay Customary Community, how Grant Sultan Land in Deli Malay society is seen from Positivistic Theory The research method used in this writing is a regulatory approach and concept. Legal Certainty Land Registration of Grant Sultan Land holders in the Deli Malay Customary community if seen from the positivistic school of thought that Grant Sultan's land must be registered by Grant Sultan holders to ensure legal certainty. Grant Sultan's land in the Deli Malay community is seen from the Positivistic Theory. According to the Pound the law is a Social Engineering conflict with interests compared to the others. From positivistic theory Grant holders must immediately register Grant land in accordance with Government Regulation No. 24 of 1997 concerning Land Registration.</h1>

scholarly journals Analisis Hukum Surat Pelepasan Hak Atas Tanah Adat (Dati) Di Kota Ambon

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 111
Author(s):  
Desy Kosita Hallauw ◽  
Jenny Kristiana Matuankotta ◽  
Novyta Uktolseja
Keyword(s):  
State Government ◽  
Government Regulation ◽  
Land Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Land Registration ◽  
Customary Rights ◽  
Customary Land ◽  
Binding Power ◽  
Ownership Rights

Relinquishment of land rights is the relinquishment of legal relations between the holders of land rights and the land under their control by providing compensation on the basis of deliberation. Letter of Waiver of rights is evidence that is made with the aim of releasing land rights. A letter of release of customary land rights (dati) is applied in the same way as the release of land rights in general, as enforced in accordance with Government Regulation No. 24 of 1997 concerning Land Registration. The process of registering customary land rights (dati) is based on the release of customary rights (dati) issued by the customary land owner (dati) as the basis for rights. So based on the release of land rights, it can be registered at the Ambon City Land Office to obtain proof of land ownership or certificates. The letter of release of customary land rights (dati) issued by the customary State Government in Ambon City is binding as long as it is carried out based on applicable customary law and can be proven the basis of ownership rights to customary land (dati) from the customary land owner (dati) that issues the release letter the land rights. However, as long as it cannot be proven valid, the letter of release of land rights does not have binding power, thus the release of the customary land rights (dati) becomes invalid and the certificate can be canceled.

scholarly journals Permohonan Tanah Ulayat di Minangkabau Menjadi Tanah Hak Milik

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 392
Author(s):  
Siti Raga Fatmi
Keyword(s):  
Property Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Recognition ◽  
Land Registration ◽  
Communal Land ◽  
Agrarian Law ◽  
Customary Land

Communal land is an asset owned by customary law communities and jointly managed by members of customary law communities. Customary land in Minangkabau has been recognized in Indonesian law as mentioned in Article 3 of the Basic Agrarian Law Number 5 of 1960 (BAL) as long as it still exists and corresponding to the development. In fact, although a communal land in Minangkabau is administered collectively, the later development shows that such a communal land has been converted to the proprietary right by customary law communities due to the demand for legal recognition. BAL states that property rights are hereditary, strongest, and fulfilled rights owned by a person on a piece of land. Since there are no regulations governing the transfer of communal land to land ownership, the customary elders and regional apparatus make procedures for the transfer of communal land with certain conditions so that not everyone can submit an application for ownership of customary land into land owned. Keywords: Customary Land, Proprietary Rights, Land Registration

scholarly journals Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 176-180
Author(s):  
I Gusti Agung Ayu Lita Pratiwi ◽  
Nella Hasibuan Oleary ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
Legal Requirements ◽  
Land Registration ◽  
Selling Process ◽  
Ownership Rights

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).

scholarly journals Pelaksanaan Pendaftaran Peralihan Hak atas Tanah Bekas Adat yang Belum Bersertifikat (Studi di Desa Ambit Kecamatan Waled Kabupaten Cirebon)

2021 ◽  
Vol 1 (2) ◽  
pp. 165-183
Author(s):  
Melatul Aliyah ◽  
Fifik Wiryani ◽  
Isdian Anggraeny
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Field Research ◽  
Land Registration ◽  
The People ◽  
The Government ◽  
Customary Land

This study aims to find out all procedures for the transfer of rights to ex-customary land that have not been certified along with the requirements that must be completed to register the transfer of rights to ex-customary land that has not been certified as well as to find out the problems faced by the people of Ambit Village related to the registration of the transfer of rights to land. former customs and solutions for their solutions. The research method used is field research with an empirical juridical approach that is based on field research and interviews and is adapted to legal conditions. The results of the study can be concluded that the registration of the transfer of rights to former customary land that has not been certified in Ambit Village has been carried out in accordance with the provisions of the government regulation of land registration No. 24 of 1997. There are several problems that arise in the process of registering the transfer of rights to former customary land that has not been certified, such as land parcels that are still in dispute and there is no proof of SPPT PBB payment from the previous owner. It can be concluded that the community must follow the procedure and register their land with complete required documents and pay taxes on time. Abstrak Penelitian ini bertujuan untuk mengetahui seluruh prosedur peralihan hak atas tanah bekas adat yang belum bersertifikat beserta persyaratan-persyaratan yang harus dilengkapi untuk mendaftarkan peralihan hak atas tanah bekas adat yang belum bersertifikat serta mengetahui permasalahan yang dihadapi oleh masyarakat Desa Ambit terkait dengan pendaftaran peralihan hak atas tanah bekas adat beserta solusi penyelesaiannya. Metode penelitian yang digunakan adalah penelitian lapangan dengan pendekatan yuridis empiris yang didasarkan pada penelitian lapangan dan wawancara serta disesuaikan dengan keadaan hukum. Hasil penelitian dapat disimpulkan bahwa Pelaksanaan pendaftaran peralihan hak atas tanah bekas adat yang belum bersertifikat di Desa Ambit telah dilaksanakan sesuai dengan ketentuan peraturan pemerintah pendaftaran tanah No. 24 Tahun 1997. Terdapat beberapa permasalahan yang timbul dalam proses pendaftaran peralihan hak atas tanah bekas adat yang belum bersertifikat seperti bidang tanah masih dalam keadaan sengketa serta tidak ada bukti pembayaran SPPT PBB dari pemilik sebelumnya. Dapat disimpulkan bahwa masyarakat harus mengikuti prosedur dan mandaftarkan tanahnya dengan dokumen persyaratan lengkap serta membayar pajak tepat waktu.

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

scholarly journals WEAKNESSES OF THE NEGATIVE PUBLICATION SYSTEM WITH POSITIVE ELEMENTS IN AGRARIAN LAW IN INDONESIA

1970 ◽  
Vol 21 (2) ◽  
pp. 231-248
Author(s):  
Suharyono Suharyono
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Court Decision ◽  
Legal Responsibility ◽  
Land Registration ◽  
The Real ◽  
Positive Elements ◽  
Agrarian Law ◽  
Implementation Level

In the negative publication system with positive elements in agrarian law in Indonesia at the implementation level, there are still a number of weaknesses, both weaknesses from the aspect of the norms for the purpose of land registration, aspects of legal responsibility and the system of imposing sanctions. There will be 3 (three) weaknesses in the Negative Publication System (positive elements) which are used as the basis for Land Registration by Government Regulation/PP Number 24 of 1997, namely: first; the norming system because it is imperative (norm imperative) and open (openbaar norm) which provides an opportunity for other parties to prove that they are the real owners of the land, thus resulting in legal disputes that must be resolved through the courts; second; the norm of legal responsibility for BPN/Kakan Land Officials who make mistakes in the implementation of land registration is not regulated in a negative publication system with positive elements, so that BPN/Land Office officials are not legally responsible when a certificate of land rights is canceled or declared invalid by a court decision; and third; norms and system for imposing sanctions for Land Registration Officers (BPN officials) who make mistakes in the implementation of land registration in Government Regulation/PP Number 24 of 1997 is not regulated. Keywords: Negative Publications, Positive Elements, and Agrarian Law.

scholarly journals Pertanggungjawaban Hukum Notaris Terhadap Pengingkaran Akta Jual Beli Tanah Bersertipikat Oleh Pihak Yang Dirugikan

2019 ◽  
Vol 3 (1) ◽  
pp. 147-166
Author(s):  
Muyassar Muyassar ◽  
Dahlan Ali ◽  
Suhaimi Suhaimi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Government Regulation ◽  
Public Official ◽  
Land Title ◽  
Legal Remedies ◽  
Legal Case ◽  
Study Results ◽  
Injured Party ◽  
Special Circumstances

Pasal 1 Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notaris: “Notaris merupakan Pejabat Umum yang berwenang membuat akta otentik.” Peraturan Pemerintah Nomor 24 Tahun 2016 Tentang Peraturan Jabatan Pejabat Pembuat Akta Tanah (PPAT), PPAT berwenang membuat akta otentik hak atas tanah. Kekuatan pembuktian Akta Notaris/PPAT sempurna, namun kenyataannya dapat digugat keotentikannya dan pihak dirugikan dapat mengajukan Notaris/PPAT ke pengadilan. Tujuan penelitian menjelaskan akibat hukum pengingkaran Akta jual beli tanah bersertipikat bagi Notaris/PPAT, konsekuensi yuridis penggunaan hak ingkar Notaris/PPAT, dan upaya hukum pihak dirugikan. Tipologi yuridis normatif. Pendekatan perundang-undangan, analisis, dan kasus hukum. Sumber bahan hukum primer, sekunder, dan tersier. Analisis data kualitatif, diinterpretasikan, kemudian dideskripsikan. Hasil penelitian: pengingkaran pihak dirugikan terhadap akta tersebut tidak langsung berakibat hukum bagi Notaris/PPAT karena keotentikannya tidak serta-merta terdegradasi menjadi akta di bawah tangan, disebabkan materi pengingkaran harus terbukti. Konsekuensi yuridis penggunaan hak ingkar Notaris/PPAT merugikan pihak tertentu namun melindungi notaris secara etika dan administrasi. Upaya hukum pihak dirugikan berupa non-litigasi (di luar pengadilan) dan litigasi (melalui pengadilan). Saran: terdapat aturan dan sanksi bagi notaris terbukti mengeluarkan akta merugikan pihak tertentu, Kementerian Hukum dan HAM memaksimalkan kinerja pengawas notaris/PPAT, dan Mahkamah Agung mengatur pemeriksaan minuta akta dan catatan keadaan khusus pada akhir akta oleh hakim. Article 1 Law Number 2 of 2014 concerning Notarial Position:“Notary is Public Official who authorized to make authentic deeds.”Government Regulation Number 24 of 2016 concerning Regulation of Land-Title-Registrar (PPAT) Position, PPAT has authority to make authentic deeds of right-to-land.Notarial/PPAT’s deed has perfect evidentiary power,but in reality its authenticity could be sued and injured party could submit Notary/PPAT to court.Study aims to explain judicial consequences of Notary/PPAT for denying sale-and-purchase-deed of certified land,juridical consequences for using Notary/PPAT refusal-rights,and legal remedies by injured party.The typology is normative-juridical.Laws,analytical,and legal case approach.The sources of legal materials were primary,secondary,and tertiary.Data was analyzed qualitatively, interpreted, then described. Study results: denial of the injured party to the deed does not have direct judicial consequences for the Notary/PPAT because its authenticity,and not directly degraded into deed-signed-under-hand,due to denial material should be proven. The juridical consequences of using Notary/PPAT refusal-rights were harm certain parties but could protect the notary ethically and administratively. Legal remedies by the injured party were non-litigation (out-of-court settlement) and litigation (through Court). Recommendations: should be rules and sanctions for notary who has proven issued deed that harm certain parties, Ministry of Law and Human Rights should maximize the Notary/PPAT supervisors performance,Supreme Court should regulate minutes of deed examination and special circumstances record at the end of deed by judge.

scholarly journals Legal Review On Auction Sales Of Mortgage Rights Object On Agricultural Land And Its Registration

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 409
Author(s):  
Hardiansah Hardiansah ◽  
Amin Purnawan
Keyword(s):  
Government Regulation ◽  
Agricultural Land ◽  
The State ◽  
Land Registration ◽  
Agrarian Law ◽  
Special Sales

Agrarian Law is one of the legal materials that are directly related to the livelihood of every individual society and the order of life of Indonesian society. The citizens until now are still very dependent on the activities and efforts that mostly work as agrarian, so that the land is one of Agrarian object which is the support and hope for every individual society in order to carry out a prosperous life order. The process of selling the land is divided into two ways: general sales and special sales by auction conducted by the State Property Office and Auction. This auction is conducted in the framework of repayment of debt secured by mortgage rights. This matter is regulated in Act No. 4 Of 1996 concerning Land Mortgage Rights and Objects Related to the Land and Regulation of Minister of Finance Number 27/PMK.06/2016 concerning Guideline for Auction Implementation of Auction or public sale is a part of the occurrence the transfer of rights. According to Article 41 paragraph (1) of Government Regulation No. 24 of 1997 concerning Land Registration explains that the transfer of rights through auction can only be registered if it is proven by quotation of auction minutes made by auction officials.Keywords: Auction Sales; Mortgage Right Objects; Land Registration.

Sign in / Sign up

Export Citation Format

Share Document