PENYELESAIAN TERHADAP KASUS SERTIPIKAT GANDA OLEH BADAN PERTANAHAN NASIONAL

2019 ◽  
Vol 5 (2) ◽  
pp. 230-235
Author(s):  
Zahra Zathira
Keyword(s):  
State Institution ◽  
Problem Formulation ◽  
Land Ownership ◽  
Government Officials ◽  
Administrative Authority ◽  
Legal Evidence ◽  
Land Disputes ◽  
Sense Of Justice ◽  
Main Material ◽  
Laws And Regulations

The main material of the research is Completion Of The Double Certificate Case By The National Land Agency with the following problem formulation: 1. How did the emergence of a double certificate which constitutes legal evidence of land ownership?2. How is the resolution carried out by the authorities in resolving the issue of dual certificates? From the results of the study concluded the following conclusions: 1. The cause of the double certificate could be due to the element of intent, accidental and due to administrative errors. The emergence of a double certificate is also caused by the lack of discipline and order of government officials related to the land sector in carrying out their duties. 2. The National Land Agency is not a state institution in the field of judiciary, but nevertheless the National Land Agency has the authority to resolve any land issues including the issue of dual certificates. This authority is only limited to administrative authority, namely the cancellation or revocation of a certificate issued by the National Land Agency itself. The National Land Agency always strives for solutions to resolve land disputes based on the prevailing laws and regulations with due regard for a sense of justice and respect for the rights and obligations of each party. is deliberation. The steps for resolving disputes that they or the National Land Agency take in a dual certificate dispute are negotiation, mediation and facilitation.

scholarly journals THE ROLE OF “KERAPATAN ADAT NAGARI (KAN)” IN SOLVING THE DISPUTE OF COMMUNAL LAND

2021 ◽  
Vol 6 (2) ◽  
pp. 329
Author(s):  
Faisal Bukhari
Keyword(s):  
Problem Formulation ◽  
Legal Basis ◽  
Religious Philosophy ◽  
Land Disputes ◽  
The Family ◽  
Communal Land ◽  
Sense Of Justice

According to miankabaunese’s traditional law, when a dispute or disagreement occurs in a community, it is resolved by consensus among members of the clan or clan leaders which ends in the fellowship of local custom assosiation called with “Kerapatan Adat Nagari (KAN)”. The problem formulation of this research is; what is the role of Kerapatan Adat Nagari (KAN) in resolving communal land (tanah Ulayat) disputes in one of local villager called Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency? and how the efforts of Kerapatan Adat Nagari (KAN) to overcome obstacles in resolving communal land disputes in Kenagarian Bukik Sikumpa, Lima Puluh Kota Regency. The method of the research is an empirical juridical approach. The conclusion of research is that the role of Kerapatan Adat Nagari (KAN) of Bukik Sikumpa of Lima Puluh Kota district is as the mediator any disputes where the provisions of Perda No. 7 of 2018 as the legal basis. This provision declares that every local villagers have to prioritie in conducting local wisdom deliberation as solving problem among the family, community, and tribal levels. Kerapatan Adat Nagari (KAN) acts as an intermediary in resolving disputes if these three domains of local deliberation have been taken by the disputing families. Due to local religious philosophy "Adat basandi syarak, syarak basandi Kitabullah", every customari chiefs whether they are members of the Kerapatan Adat Nagari (KAN) or who are not, should increase the sense of justice and be wiser for people's trust restoration.

scholarly journals Criminal Law in The Land Sector

2020 ◽  
Vol 2 (3) ◽  
pp. 57-62
Author(s):  
Daimon Daimon
Keyword(s):  
Human Life ◽  
Land Rights ◽  
Land Ownership ◽  
Regional Government ◽  
Government Officials ◽  
False Information ◽  
Modus Operandi ◽  
Legal Literature ◽  
Land Disputes ◽  
The Status

One of the natural wealth or natural resources created by God Almighty that is needed for human life is land. Humans live on land and obtain food by utilizing land. Human life cannot be separated from the land. The emergence of a legal dispute is originated from the objection of the guideline of a land right both to the status of the land, its priorities and ownership in the hope of obtaining administrative settlement in accordance with applicable regulations. This study uses normative juridical research methods so that the sources used are sourced from literature and legal literature. the conclusion in this study is The modus operandi in the occurrence of land disputes usually involves a systematic network between financiers, land speculators, land certificate brokers, thugs, regional government officials, the police and of course BPN elements. Commonly used modus operandi: Use of falsified land rights; Counterfeiting Warkah; Provision of false information; Letter forgery; Fictitious buying and selling; Fraud or embezzlement; Lease; Suing land ownership; Mastering thug-style land.

scholarly journals Pendampingan Peraturan Mendagri Nomor 111 Tahun 2014Tentang Pedoman Teknis Peraturan Desa

2020 ◽  
Vol 14 (1) ◽  
pp. 32
Author(s):  
Trio Saputra ◽  
Elly Nielwaty ◽  
Dwi Herlinda
Keyword(s):  
Local Community ◽  
State Institution ◽  
Government Officials ◽  
Community Based ◽  
Protected Forests ◽  
The Republic ◽  
Tourism Potential ◽  
Village Government ◽  
Correct Understanding ◽  
The Village

Abstrak Desa adalah suatu lembaga Negara yang merupakan kesatuan masyarakat yang memiliki batas-batas wilayah yang berwenang untuk mengatur dan mengurus kepentingan masyarakat setempat, berdasarkan asal usul dan adat istiadat setempat yang diakui dan dihormati dalam sistem Pemerintahan Negara Kesatuan Republik Indonesia. Salah satu wujud kewenangan desa untuk mengatur kepentingan masyarakatn melalui pembentukkan produk hukum desa dalam bentuk peraturan desa (Perdes). Salah satu tujuan dari pembentukkan produk hukum desa untuk menertibkan penyelenggaraan pemerintahan desa serta mengatur pelaksanaan pembangunan dan pelayanan umum. Peraturan desa yang ada di Desa Buluh Cina hanya mencakup pada perdes tentang Anggaran Belanja Desa dan Bumdes. Melihat dari potensi wisata yang dimiliki Desa Buluh Cina terdapat Danau, Hutan lindung serta keramba ikan. Jika tidak ada aturan yang mengikat maka lambat laun  akan memicu konflik di masyarakat terkait pengelolaan potensi wisata. Oleh karena itu, pemahaman yang benar terhadap fungsi, kedudukan, dan tata cara pembuatan produk hukum desa menjadi hal penting yang harus diketahui oleh aparat pemerintah desa, agar produk hukum yang dibuat benar-benar dapat berfungsi sebagaimana mestinya dan tidak bertentangan dengan peraturan perundangan yang berlaku. Kata Kunci: Desa, Pendampingan, Peraturan   Abstract The village is a state institution which is a community unit that has territorial boundaries that are authorized to regulate and manage the interests of the local community, based on local origins and customs that are recognized and respected in the system of Government of the Unitary State of the Republic of Indonesia. One form of village authority to regulate community interests through the formation of village legal products in the form of village regulations (Perdes). One of the goals of the formation of village legal products is to bring order in the administration of village government and to regulate the implementation of development and public services. The village regulations in Desa Buluh Cina only cover village regulations on Village Expenditures and Bumdes. Seeing from the tourism potential that is owned by the Village of China there are lakes, protected forests and fish cages. If there are no binding rules, it will gradually trigger conflicts in the community related to the management of tourism potential. Therefore, a correct understanding of the functions, position and procedures for making village legal products is an important thing that must be known by village government officials, so that legal products that are made can function properly and are not in conflict with applicable laws and regulations.   Keywords: Village, Assistance, Regulation

scholarly journals Pemikiran Ibnu Hajar Al-Asqalani dalam Ilmu Administrasi Negara

2021 ◽  
Vol 13 (1) ◽  
pp. 13-30
Author(s):  
Wisber Wiryanto
Keyword(s):  
Research And Development ◽  
Public Administration ◽  
Educational Research ◽  
Research Methods ◽  
Problem Formulation ◽  
Government Officials ◽  
First Semester ◽  
The Public ◽  
Library Research ◽  
Data Subject

Ibn Hajar Al-Asqalani (773-852 H) was a classical Islamic scholar and an author of the Fathul Baari book which explains the Sahih Bukhari book. His book contains themes that discuss among others law in the maintenance of power and government in the State which is thought to have a connection with public administration sciences. Therefore, research about Ibn Hajar Al-Asqalani's thoughts in the public administration sciences was conducted, with a problem formulation, how the concept of Ibn Hajar al-Asqalani's thoughts in public administration sciences? The purpose of this study to know about Ibn Hajar Al-Asqalani's thoughts in public administration sciences from Fathul Baari books. Library research methods are used to study the Fathul Baari books as a source of data/subject of research; then as the focus/object of research is public administration sciences. The data collected were processed and analyzed using induction and deduction techniques. The research was conducted in the first semester of 2020. The results of the study found a concept from Ibn Hajar Al-Asqalani’s thoughts in public administration sciences, which includes categories: leadership; government officials; personnel in the organization; governance; administrative principles; salary, and reward & punishment which is relevant to public administration sciences which are sourced from the Qur’an, hadith, and Islamic legacy. Next, stakeholders and related academics need to use these findings for educational, research, and development purposes public administration sciences using non-Western perspectives.

scholarly journals POLITIK HUKUM KEWENANGAN KONSTITUSIONAL DEWAN PERWAKILAN DAERAH DALAM PROSES LEGISLASI PASCA PUTUSAN MK NOMOR 92/PUU-X/2012

2015 ◽  
Vol 4 (3) ◽  
pp. 365
Author(s):  
Anna Triningsih
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Historical Approach ◽  
The Law ◽  
The Republic ◽  
Laws And Regulations

<p>Undang-Undang Nomor 17 Tahun 2014 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, Dan Dewan Perwakilan Rakyat Daerah (UU MD3) pasca putusan Mahkamah Konstitusi (MK) dinilai memiliki problem substantif/materil akibat materi muatannya bertentangan dengan Undang-Undang Negara Republik Indonesia Tahun 1945 (UUD NRI 1945), yang mengakibatkan kerugian konstitusional terhadap Dewan Perwakilan Daerah (DPD), meliputi dikuranginya kewenangan DPD untuk dapat mengajukan (Rancangan Undang-Undang) RUU, dikuranginya kewenangan DPD untuk membahas RUU dan dikuranginya kewenangan DPD dalam kedudukannya sebagai lembaga perwakilan daerah. Hal ini menunjukan bahwa pembentukan UU MD3 nyata-nyata tidak menghormati putusan MK yang diberi mandat UUD NRI 1945 sebagai lembaga penafsir dan penjaga konstitusi, dengan tidak menghormati, mematuhi, dan melaksanakan putusan MK ini menunjukkan ketidakpatuhan terhadap putusan lembaga negara yang telah ditunjuk konstitusi untuk mengawal kemurnian pelaksanaan konstitusi. Penelitian ini menggunakan metode normatif menggunakan pendekatan perundang-undangan ( statute approach ), pendekatan konsep ( conceptual approach ), dan pendekatan historis ( historical approach ). Ketidaktaatan penyusunan UU MD3 pada putusan MK merupakan pengingkaran UUD NRI 1945 dan perkembangan ini merupakan langkah mundur reformasi. Pembentuk Undang-Undang, dalam hal ini, Dewan Perwakilan Rakyat (DPR) dan Presiden harus segera melakukan perubahan UU Nomor 12 Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan dengan berpijak pada rambu-rambu konstitusional Putusan MK Nomor 92/PUU-X/2012.</p><p>Law Number 17 Year 2014 on the People’s Consultative Assembly, House of Representatives, Regional Representatives Council, and the Regional House of Representatives (MD3 Law) after the decision of the Constitutional Court (MK) is considered to have a substantive problem due to the substance that is contrary to the 1945 Constitution of the Republic of Indonesia (the 1945 Constitution), which resulted in the constitutional loss of Regional Representatives Council (DPD), including the reduction of DPD authority to propose draft bills, to discuss draft bills and the reduction in its authority as the regional representative institution. This shows that the drafting of MD3 Law is obviously not respecting the decision of the Court that is mandated by the 1945 Constitution as the interpreter and guardian institution of the constitutional, by not respecting, obeying and implementing MK’s decision which indicates non-compliance with the decision of the state institution that has been designated to guard the purity of the constitution implementation of the constitution. This study uses normative method with statute approach, conceptual approach and a historical approach. The noncompliance of the drafting of MD3 Law towards the MK’s decision is a denial of MK and this development is a step back of Reformation. The legislators, in this case, the House of Representatives (DPR) and the President should immediately amend the Law Number 12 Year 2011 on the Establishment of Laws and Regulations based on the MK’s Decision No. 92/PUU-X/2012. </p>

scholarly journals Konstitusi Agraria Upaya Reforma Agraria Melalui Program LARASITA Pensertipikatan Hak Milik Atas Tanah

2016 ◽  
Vol 2 (02) ◽  
pp. 245-266
Author(s):  
Nurma Khusna Khanifa
Keyword(s):  
Certificate Program ◽  
The Public ◽  
The People ◽  
Actual Field ◽  
The Will ◽  
Agrarian Law ◽  
Sense Of Justice ◽  
Laws And Regulations

One proactive services implemented by BPN in an effort to make it easy for people to land services in obtaininga land certificate program LARASITA (People Services For Land Certificate). BPN services contained within LARASITA in actual field program carried out by the District Land Office or City. LARASITA program is asympathetic effort to serve people whowant to make a land certificate. LARASITA is an innovative policies that depart from the fulfillment of the necessary sense of justice, and is expected to be considered by the public. LARASITA built and developed to make real mandate of Article 33 paragraph (3) of the Constitution of 1945, the Basic Agrarian Law, as well as all laws and regulations in land and keagrariaan. Development LARASITA depart from the will and motivation to bring the Indonesian National Land Agency (BPN RI) with thecommunity, as well as changing the paradigm of implementing the duties and functions of BPN RI waiting oractive or passive to proactive, go to the people directly.

scholarly journals Kewenangan Notaris terhadap Pembuatan Covernote

2020 ◽  
Vol 1 (2) ◽  
pp. 421-425
Author(s):  
I Made Ari Nurjaya ◽  
I Nyoman Sumardhika ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Method ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Consequence ◽  
Legal Consequences ◽  
Legal Product ◽  
Laws And Regulations

One of the legal products made by notary as a part of their authorities is a deed, both authentic deeds and underhand-made deeds. In addition to these deeds, a notary also has the authority to issue a certificate which is commonly referred to as a covernote. A certificate or covernote is a statement or note in the form of information confirming that a land ownership deed is in the process of a certificate making that is due to a process of roya, transfer of name of land ownership and splitting of one certificate into two. This study examines two issues related to notary authority, namely the basis for the notary’s authority in issuing a covernote and the legal consequences of making the covernote. This study uses a normative legal research method and a conceptual approach as well as a statutory approach. The results showed that the covernote issued by a notary was actually an ordinary certificate, not a legal product of a notary. Covernote only contains an explanation of the deed that is in the process of certification which has not been completed and will be completed within a period determined by the notary itself, so the covernote is not legally binding. The notary is authorized to make a covernote, but it is not regulated in the laws and regulations so that, if it is concluded, the covernote is not a legal product of a notary. The legal consequences for the notary if they fail to carry out the covernote, they can be held liable to solve them immediately. The legal consequence of not fulfilling the contents of the covernote is a violation of Article 1366 of the Criminal Code because notaries are considered negligent in carrying out their duties and authorities.

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 PENYELESAIAN SENGKETA TANAH SOKO PADA SUKU BENDANG KAMPAR RIAU DENGAN CORAK HUKUM ISLAM

2018 ◽  
pp. 289
Author(s):  
Hengki Firmanda
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Empirical Studies ◽  
Land Ownership ◽  
Maternal Lineage ◽  
Legal Research ◽  
Land Disputes ◽  
The Status ◽  
Customary Land ◽  
Ownership Of Land

The purpose of this study was to describe the ownership status of Soko land in the Indigenous People of the Bendang Tribe, Kampar, Riau; and explain the settlement of the transfer dispute over the ownership of Soko Land to the Indigenous People of the Bendang Tribe, Kampar, Riau. The existence of indigenous peoples will not be separated from their customary lands. The existence of indigenous peoples will be determined by ownership of their customary land. Indigenous people will not be called indigenous peoples without owning their customary land. This type of research is sociological legal research, namely research in the form of empirical studies to find theories about the process of occurrence and the process of working the law in society. The results of this study are, the status of ownership of Soko land in the indigenous people of the kampar tribe of the kampar district is attached to the community that has a maternal lineage. The transfer of ownership of soko land to the indigenous people of the dam tribe of Kampar District is the transfer of ownership of land between generations according to lineage and the transfer of land ownership to the settlement of land disputes.

scholarly journals Changes in Corruption Eradication Commission In Legal Sociology Perspective

Corruptio ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 40
Author(s):  
Joko Sriwidodo
Keyword(s):  
Current Practice ◽  
State Institution ◽  
Public Trust ◽  
Normative Theory ◽  
Legal Research ◽  
Independent State ◽  
The Public ◽  
Library Research ◽  
Legal Sociology ◽  
Laws And Regulations

The Corruption Eradication Commission is an independent state institution whose job it is to carry out the duties and powers of corruption eradication free from any power. The Corruption Eradication Commission was born during the reign of President Megawati, namely through Law No. 30 of 2002 concerning the Corruption Eradication Commission. In 2019 there was a revision of the Corruption Eradication Commission Law, but the revision was opposed by the public, because the change was seen as likely to weaken the Corruption Eradication Commission. Observing the brief description above, the researcher in this paper wants to raise at least 2 problems, namely; 1), Are the three foundations for the formation and amendment of the Prevailing Laws, namely juridical, philosophical and sociological elements that have been fulfilled in the amendment of the Corruption Eradication Commission Law? 2), is the amendment to the Corruption Eradication Commission Law in accordance with the expectations and realities in society from the perspective of legal sociology? This paper would like to try to provide an overview of the Corruption Eradication Commision and the Amendment to the Corruption Eradication Commision Law, both in the prevailing legal normative theory and in current practice. This research is a normative legal research which is carried out through library research. The discussion in the research, if viewed from the aspect of fulfilling the foundation for the formation and changes of laws and regulations, then the amendments to the Corruption Eradication Commision have fulfilled these aspects, namely philosophical, sociological and juridical aspects in which the Corruption Eradication Commision itself has existed for 17 years in carry out its duties and authorities as an agency to eradicate corruption. Meanwhile, from the perspective of legal sociology, the public does not want any changes to the Corruption Eradication Commision, in which the Corruption Eradication Commision is still the institution of public trust in eradicating corruption in Indonesia.

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