Efforts to Realize Legal Certainty of Land Ownership in Lampung through Blocking of Land Certificate

2020 ◽  
Vol 1 (2) ◽  
pp. 91
Author(s):  
Meutia Safitri
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
Land Ownership ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
Land Registration ◽  
Land Title ◽  
Data Source ◽  
The Right

Article 19 of the UUPA states that land registration is carried out as a way to guarantee legal certainty of land rights. The Land Office will issue a certificate of land rights for rights holders. Therefore, the right holder is obliged to register at the local Land Office if there is a transfer or assignment of rights. This study aims to determine: 1) the legal status of the blocked land certificate, and 2) the legal certainty of the land title certificate when the registration of the block has passed 30 days or there has been a court decision regarding the block. This study uses a normative juridical research method. The approach to the problem used is a statutory approach and a conceptual approach. The data analysis used is qualitative in the form of descriptive analytical. The data source used is in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The research results show that: 1) the legal status of the blocked land title certificate is that transitional legal actions and land rights are imposed. 2) The legal certainty of a land title certificate when the registration of the block has passed 30 days is the restoration of the legal status of the land title certificate holder.

KEDUDUKAN SERTIFIKAT HAK ATAS TANAH SEBAGAI JAMINAN KEBENDAAN BERDASARKAN UNDANG-UNDANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH

2020 ◽  
Vol 8 (1) ◽  
pp. 57
Author(s):  
Bayu Setiawan Hendri Putra ◽  
Arief Suryono
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Analysis Techniques ◽  
Land Title ◽  
Strong Position ◽  
Agrarian Law ◽  
The Right

<p>Abstract<br />This article aims to find out the position and legal protection of holders of land title certificates as a material guarantee. This normative legal research is prescriptive and applied. The types and sources of material for this study include primary legal materials and secondary legal materials. Data collection techniques used are literature studies or document studies. Data analysis techniques are carried out by examining research from literature studies or secondary data studies. The results of this study explain that the position of Land Rights as collateral is regulated in the Basic Agrarian Law which states that land rights can be used as collateral for debt by encumbering Mortgage Rights. Land rights that can be used as Mortgage Rights objects must fulfill two elements, namely, must be registered with the Land Office and according to their nature must be transferable. Creditors have a strong position against collateral objects. Legal protection for the holder of the land rights certificate as a material guarantee if the debtor defaults, the creditor has the right to sell collateral for repayment of the receivables regulated in the Mortgage Right Act. The Mortgage Rights Act is a manifestation of the objectives of the Basic Agrarian Law in providing and guaranteeing legal certainty and legal protection in preventive and repressive forms.<br />Keywords: Collateral; Mortgage Right; Legal Protection; Land Right</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui kedudukan dan perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan. Penelitian hukum normatif ini bersifat preskriptif dan terapan. Jenis dan sumber bahan penelitian ini meliputi bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan data yang digunakan yaitu studi kepustakaan atau studi dokumen. Teknik analisis data dilakukan dengan cara mengkaji penelitian dari studi kepustakaan atau studi data sekunder. Hasil penelitian ini menjelaskan bahwa kedudukan Hak Atas Tanah sebagai jaminan diatur dalam UU Pokok Agraria yang menyatakan bahwa hak atas tanah dapat dijadikan jaminan utang dengan dibebani Hak Tanggungan. Hak Atas tanah yang dapat dijadikan obyek Hak Tanggungan harus memenuhi dua unsur yaitu, wajib didaftarkan pada Kantor Pertanahan dan menurut sifatnya harus dapat dipindah tangankan. Kreditur memiliki kedudukan yang kuat terhadap benda jaminan. Perlindungan hukum terhadap pemegang sertifikat hak atas tanah sebagai suatu jaminan kebendaan apabila debitur wanprestasi, kreditur berhak menjual benda jaminan untuk pelunasan piutangnya yang diatur dalam UU Hak Tanggungan. UU Hak Tanggungan merupakan wujud dari tujuan UU Pokok Agraria dalam memberikan dan jaminan kepastian hukum dan perlindungan hukum dalam bentuk preventif dan represif. <br />Kata Kunci: Jaminan; Hak Tanggungan; Perlindungan Hukum; Hak Atas Tanah</p>

scholarly journals JURIDICAL ANALYSIS OF RIGHTS REGISTRATION PROCESS ON LAND AND OWNERSHIP STATUS TO CONFIRM LEGAL ASSURANCE

2021 ◽  
Vol 1 (1) ◽  
pp. 10-25
Author(s):  
Hafiz Al Hakim ◽  
Point Aminah ◽  
Idham I ◽  
Feby Milanie ◽  
Andri Saifannur Saifannur
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Constraint Factors ◽  
Ownership Status ◽  
The People ◽  
The Status

Land registration aims to guarantee legal certainty and certainty of land rights. By holding land registration, the parties concerned can easily find out the status of the legal status of the particular land they are dealing with, their location, area and boundaries. And also as a condition for the implementation of orderly land administration. The purpose of this study is to find out the legal arrangements regarding the process of registering land rights and ownership status in order to confirm legal certainty and how to implement, constraint factors and solutions to problems that occur in the community. This research uses normative legal research methods. The normative method is writing that uses primary materials or data. In normative legal research, library materials in the form of basic data which in the study are classified as secondary data. Secondary data can include primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the legal arrangements regarding the responsibilities of the Batam City National Land Agency in the process of registering land rights have been carried out well by the Batam City National Land Agency in order to realize legal certainty for the people of Batam City. However, in carrying out their duties there are still obstacles in the process of registering land rights in Batam City because of the imbalance of authority with the Batam Concession Agency as the holder of land management rights in Batam City. So, the solution is expected to have special regulations regarding this so that the process of registering land rights in Batam City can run in accordance with the laws and regulations.

Indicators Of Land Rights Certificate Cancellation Caused By Overlapping Rights As Administration Failure

2020 ◽  
Vol 1 (2) ◽  
pp. 113
Author(s):  
Suhani Wulandari
Keyword(s):  
Inductive Logic ◽  
Field Research ◽  
Secondary Data ◽  
Land Rights ◽  
Participatory Approach ◽  
Research Approach ◽  
Legal Certainty ◽  
Regional Office ◽  
Land Registration ◽  
Land Title

Land registration which aims to provide legal certainty for the ownership of a person's land parcel, which is in the form of a certificate of land title, in the issuance of which there may be errors resulting in two certificates or overlapping so that one certificate can be ascertained that it contains administrative defects, in handling the dispute case settlement refers to the Regulation of the Minister of ATR/KaBPN Number 11 of 2016 article 24 paragraph (7).This study aims to determine, land title certificate can be said to be administratively flawed, Implementation of cancellation of land title certificate due to administrative defect errors at the Regional Office of BPN Lampung Province and the Land Office. This research uses empirical normative juridical research method. The research approach uses a statutory, analytical and participatory approach. Data analysis uses primary and secondary data to draw conclusions using inductive logic. The results show that in order to resolve dispute cases with an overlapping typology of land title certificates, it is necessary to cancel one of the certificates issued in the latest year, because it can be ascertained that it contains errors in its issuance so that it becomes an administrative defect. And tthe cancellation of the certificate of land title is carried out on the basis of a public complaint or BPN initiative, with a request submitted by the Land Office, the Land Office carries out data collection activities, analysis accompanied by Case Handling Progress Report to be submitted to the Regional Office, at the Regional Office Assessment, Field Research, Exposure, Case Settlement Reports and the issuance of a Decree on the Cancellation are then submitted to the Land Office for announcement and deletion in the Land Office data base.

scholarly journals The Implementation Of Boundary Marks Obligations For Land Ownership Rights Based On Pp No 24 Of 1997 As One Of The Facilities Of Legal Certainty Provision In Kudus

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 357
Author(s):  
Lucky Wahyu Andriyanto ◽  
Amin Purnawan
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Primary Data ◽  
Boundary Line ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Owners ◽  
Approach Method ◽  
The Right ◽  
Ownership Rights

In order to ensure certainty of land rights and certainty, the UUPA has outlined the necessity to carry out land registration throughout Indonesia. One of the land registration activities is the land measurement with the obligation to install boundary line markers for land owners, in order to avoid land disputes in the later days. The approach method was done by social jurisdiction by using primary data and secondary data. The data were gained through interview and library method, then they were analyzed qualitatively. The results of the discussion indicate that (1) the implementation of the obligation to install the land boundary line  is done by the holder of the land right with the approval of the neighbors land holder who is bordered by the village apparatus or device and the legal consequences can cause the land dispute (2) provide legal certainty to the holder of the land rights (3) The obstacles faced are the absence of the holder of the land right and the need for the presence of the right holder in accordance with the timing of the installation of the land boundary.Keywords: Land Registration; Legal Certainty; Installation of Land Border Marks

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

scholarly journals The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Binding Force ◽  
Land Title ◽  
Good Intention ◽  
The Right ◽  
Legal Consequences ◽  
Legal Procedures

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 

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 STRENGTHENING LAND REGISTRATION SYSTEM THROUGH IMPLEMENTATION OF DOMAIN APPROACH IN MANIFESTING LEGAL CERTAINTY AND COMMUNITY JUSTICE

2021 ◽  
Vol 23 (3) ◽  
pp. 330
Author(s):  
Nia Kurniati ◽  
Jordan Mordekhai
Keyword(s):  
Land Rights ◽  
Land Ownership ◽  
Legal Certainty ◽  
Registration System ◽  
Land Registration ◽  
Positive Tendency ◽  
Community Justice ◽  
Land Disputes ◽  
Welfare Society ◽  
The Government

As an implementation of welfare society, the government issued Law Number 5 of 1960 Article 19 paragraph (2) c, which provide the legal certainty of land rights for all Indonesians carried out through land registration. The land registration system adopted by Indonesia is negative land cadastre with positive tendency. The implementation of land registration provide the basis of state duty to produce land registration evidence, namely certificate, which is valid as a strong proof of rights. This certificate guarantees the correctness of physical data besides juridical data as long as it is not proven otherwise. Method: This legal research used Normative juridical method, with qualitative juridical data analysis. Results of the study: Negative land cadastre with positive tendency adopted by Indonesia currently does not guarantee legal certainty of land ownership and the community justice itself. This is indicated by the fact that there is still a phenomenon of land disputes, among the result of the issuance of overlapping. By using a legal cadastre-based domain approach, through an approach of extracting historical values of land and integrating the process of dialogue within the issuing of certificate; obtaining legal certainty and the community justice can be achieved. Conclusion: Negative land cadastre with positive tendency is still unable to manifest legal certainty of land ownership and community justice so it is appropriate that an adage states “the highest legal certainty, is the highest injustice”. Strengthening land registration system through the domain approach is an alternative option to manifest legal certainty and community justice.

scholarly journals PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean
Keyword(s):  
Task Force ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
City District ◽  
The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

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.

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