scholarly journals STATUS HUKUM TANAH WARGA YANG BERMUKIM DI WILAYAH PESISIR PERBATASAN KABUPATEN NUNUKAN PROVINSI KALIMANTAN UTARA

2018 ◽  
Vol 33 (3) ◽  
pp. 243
Author(s):  
Sulaiman Sulaiman ◽  
Zulvia Makka
Keyword(s):  
Legal Status ◽  
Forest Products ◽  
Land Ownership ◽  
Coastal Areas ◽  
Basic Law ◽  
The Government ◽  
Legal Proof ◽  
The Right ◽  
Ownership Of Land ◽  
Coastal Residents

The province of North Kalimantan is the youngest province in Indonesia, located in the northern part of Kalimantan Island. Northern Kalimantan Province is established based on Law No. 20 of 2012 establishing the Northern Kalimantan Province. Nunukan Regency is one of five districts / cities in the province of North Kalimantan covering an area of ​​14,263.68 km2. Geographically, Nunukan Regency is located in the northernmost region of Kalimantan, which borders directly with a neighboring country, Sabah-Malaysia. The legal status of the land becomes a written proof that is legally recognized. All land rights are recorded in the form of National Land Agency (BPN) certificates. BPN creates duplicates of landowners to avoid future risks, such as: B.: Lost certificates, burned certificates and duplicate certificates. In Indonesia, land ownership status is governed by the Basic Law of Agriculture (UUPA) No. 5 of 1960 on Agricultural Principles. Rural residents living in the Border Coast, especially in the Nunukan Subdistrict, Nunukan Utara district, is the Nunukan Regency, a leased land owned by PT. Inhutani as the de facto landlord (HGU), above the property for PT. Inhutani in the Nunukan district, Nunukan district, Nunukan Utara district stands thousands of buildings owned by both the community and the government, where the majority have no legal proof of domination. The problem in this study is the legal status of the ownership of land in the border coastal areas and the policy of the local government in providing legal solutions to control the use of land in coastal areas. Based on the results that concludes the legal status of the land of coastal residents who live in the region as the right boundary, as the conversion of Hak Guna Usaha (HGU) by PT.Inhutani is used, that researchers know ended Hak Guna Usaha ( HGU) was on the ground since 2009. But it was extended to 2038. While the legal solution for providing legal certainty of the owner of the building in the country of PT. Inhutani receives until the bleaching of the rights building use rights (HGB) to the community, because PT. Inhutani is no longer productive / operates and produces forest products, in Nunukan sub-district, Nunukan Utara village, but only the establishment of settlements and thousands of municipal and state buildings.

scholarly journals The Legal Status of Certified Land Ownership of People Inhabiting around Limboto Lake

2020 ◽  
Vol 2 (1) ◽  
pp. 5-18
Author(s):  
Mohamad Taufiq Zulfikar Sarson
Keyword(s):  
Legal Status ◽  
Legal Protection ◽  
Land Ownership ◽  
Management Planning ◽  
Land Registration ◽  
Space Management ◽  
The Government ◽  
Ownership Of Land ◽  
The Village ◽  
Prior Permission

The raised ground (aanslibing) is land directly controlled by the State, and therefore every person who will control the land arise (aanslibing) must obtain prior permission from the government. The aim of this research was to determine and understand the process of issuance of ownership land certification around Limboto Lake after the silting up and determine the legal protection of owners certified land after the revitalization of the lake. The research was carried out at plains of Limboto Lake at two Kelurahan- Hutuo and Hunggaluwa, District of Gorontalo, Province of Gorontalo. Data collection employed interview and documentation techniques. The result of research showed that the issuance procces of certified land ownership around Limboto Lake was based on The Goverment Regulation No. 24 1997 concerning land registration. The regulation includes one of which was land with a hundred meters (100) distance from the lake border, land without certification at all, the land which is not under dispute, the land which is not under the bank fiduciary, the land which is under the authority of community proven by document legalizing the authority signed by the village head. For the ownership of land deposit, permit from the regional goverment is required. However, the National Land Body does no longer issue land ownership certification with reference to circulation letter of the Governor of Gorontalo Province. Legal protection for the holders of certified land after the revitalization activities may be attempted by the issuance of regional regulation draf that concerns the Provincial Space Management Planning of Strategic Areas of the Limboto Lake. However, legal protection for the certificates issued previously has not been available due to the onggoing procces of discussion of the Regional the Regulation Draft.

scholarly journals Scenic Beauty Estimation Analysis of Sara Besar Island for The Development of Coastal Ecotourism in Talaud Islands District

GeoEco ◽  
2021 ◽  
Vol 7 (1) ◽  
pp. 76
Author(s):  
Joyce Kumaat ◽  
Kalvin S Andaria ◽  
Hilda F Oroh
Keyword(s):  
Information Technology ◽  
Coastal Area ◽  
Geographic Information ◽  
Coastal Areas ◽  
Physical Factors ◽  
Coastal Regions ◽  
Scenic Beauty ◽  
Spatial Approach ◽  
The Government ◽  
The Right

<p><em>This study aims to determine the potential of coastal areas in ecotourism development through a spatial approach using Scenic Beauty Estimation (SBE) analysis. The benefits related to the use of geographic information technology will conceptually provide the right solution for planning and regional development in ecotourism development.  Activities carried out include collecting data in the field related to physical and non-physical factors in coastal areas through surveys and mapping, then analyzing data in a Scenic Beauty Estimation (SBE) and designing geographic information systems in the form of mapping on 1) physical, artistic potential, and tourist activities, 2) accessibility (transportation), 3) information and accommodation services.  The contribution of this research is to provide information and input for the government to facilitate and determine the planning and development of ecotourism in the coastal area of Talaud Regency on the island of Sara. It can increase regional or regional income, participation, and support in managing and utilizing coastal regions.</em></p>

scholarly journals PERAN NOTARIS DALAM PEMANFAATAN RUANG BAWAH TANAH UNTUK SARANA JARINGAN UTILITAS TERPADU DI DKI JAKARTA

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Mohammad Isfan Batubara ◽  
Emmanuel Ariananto Waluyo Adi ◽  
Wirdyaningsih Wirdyaningsih
Keyword(s):  
Government Regulation ◽  
Capital City ◽  
Constitutional Court ◽  
Underground Space ◽  
City Region ◽  
Utility Network ◽  
The Government ◽  
The Right ◽  
Ownership Of Land

Peningkatan bonus demografi di Indonesia menyebabkan jumlah permukaan lahan untuk dimanfaatkan ruangnya dalam menggerakan roda ekonomi semakin sempit. Provinsi Daerah Khusus Ibukota Jakarta yang menjadi pusat bisnis dalam menghadapi masalah keterbatasan lahan perlu memanfaatkan ruang bawah tanah yang ada. Keberadaan ruang bawah tanah pada praktiknya dimanfaatkan untuk sarana jaringan utilitas terpadu agar pemanfaatan lahan menjadi lebih optimal. Sebelum adanya Undang-Undang Nomor 11 Tahun 2020 pemanfaatan ruang bawah tanah tidak diatur secara komprehensif. Kemudian barulah Peraturan Pemerintah No. 18 tahun 2021 menegaskan secara yuridis bahwa terdapat pemisahan secara horizontal antara kepemilikan hak atas tanah di atas permukaan dengan di bawah tanah. Namun dalam penerapan peraturan-peraturan dimaksud masih perlu adanya sosialisasi terus menerus agar tercipta keteraturan pemahaman hukum. Lebih lanjut, dengan adanya Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 yang menyatakan UUCK inkonstitusional bersyarat diduga dapat memperlambat proses penerapan peraturan baru ini. Bahwa dalam hal ini diperlukan peranan notaris sebagai pejabat pembuat akta tanah yang akan bersinggungan dengan hal-hal dimaksud. Notaris perlu turut andil dalam peran edukasi terkait khususnya pelaksanaanya selama masa pandemi covid-19 saat ini. Penulis menemukan dalam pemanfaatan ruang bawah tanah menggunakan hak guna bangunan dimana untuk pembuatan aktanya dapat diproses oleh notaris.Keyword: Notaris, ruang bawah tanah, jaringan utilitasAbstractThe increase in the demographic bonus in Indonesia causes the amount of land to be used for economic development purposes has its own limitation. The Province of the Special Capital City Region of Jakarta, which is a business center that dealing with the problem of limited land, needs to take advantage of the existing underground space. The existence of underground space is usually utilized for integrated utility network facilities so that land use becomes more optimal. Prior to Law Number 11 of 2020 the use of underground spaces was not comprehensively regulated. Then the Government Regulation No. 18 of 2021 juridically confirms that there is a horizontal separation between ownership of land rights above the surface and below the ground. However, in the application of these regulations, there is still a need for continuous socialization in order to create a regular understanding of the law. Furthermore, with the Constitutional Court Decision Number 91/PUU-XVIII/2020 which states that the UUCK is conditionally unconstitutional, it is suspected that it can slow down the process of implementing this new regulation. That in this case the role of a notary as an official making land deeds is needed which will intersect with the underground utilization. Notaries need to take part in the role of related education, especially its implementation during the current covid-19 pandemic. The author finds that in the use of the basement using the right to use the building where the deed can be processed by a notary.

KONSTRUKSI HUKUM PENATAUSAHAAN HASIL HUTAN DI KABUPATEN MAJALENGKA

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Rahmat Hidayat
Keyword(s):  
Sustainable Forest Management ◽  
Forest Products ◽  
The Public ◽  
The People ◽  
Wood Demand ◽  
The Government ◽  
Construction Law ◽  
Technical Manpower ◽  
The Right ◽  
Right Order

The Community forrest is a source of good supplier of the wood demand for the timber industry and the community. To ensure the right order of distribution of the forrest products, to protect private rights, and provide legal certainty to the community both producers and users of the forest products of the people, the Government has issued regulations regarding the administration of the forest products from the forrests rights. This study aims to determine whether the legal construction of the circulation of the forest products in the perspective of management of the forest products has known to the public and whether it has been providing solutions to the management of the forest products in the Regance of  Majalengka.The Construction law distribution of the forest products in the perspective of the management of the forest products largely unknown by the public in Majalengka. It is seen from the implementation of the distribution of the forest products in Majalengka that doesn’t use the document as a complete transport in the transport of the forest products, and as a proof of the validity of the forest products transported.The Construction law distribution of the forest products in the perspective of the management of the forest products hasn’t provided the solutions to the management of the forest products in the regance of Majalengka. This happens because of the regulations on the administration of the forest products originating from the private forest largely unknown by the public in Majalengka. otherwise it occurs due to less of a socialization, no incentive for publishers officials the Certificate of Origin, the less of enforcement by the authorities, the absence of the civil servants investigator and supervisor of the technical manpower for the sustainable forest management in the Forest Service Majalengka.Needs to be the disseminated of comprehensive and holistic by the relevant agencies of regarding the rules and the regulations of the forest product administration, namely West Java of the Provincial Forrest Service, the Forrest Products of the Monitoring distribution center of Jakarta Region VII Production and the Forestry Office Majalengka. Additionally need the involvement of all components outside the government that the people (owners of folk wood) and the businesses wood of the forest products.

6. Adverse Possession

2019 ◽  
pp. 181-216
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

English Noblemen and Their Advisers: Consultation and Collaboration in the Later Middle Ages

1986 ◽  
Vol 25 (2) ◽  
pp. 157-177 ◽  
Author(s):  
Carole Rawcliffe ◽  
Susan Flower
Keyword(s):  
Middle Ages ◽  
Tenth Century ◽  
Deliberative Process ◽  
Ruling Elite ◽  
Medieval Europe ◽  
Alternative Power ◽  
The Government ◽  
The Right ◽  
Ownership Of Land ◽  
Council Of State

In the society of late medieval Europe, where power, wealth, and influence were derived from the ownership of land, the delegation of responsibility by the ruling elite became a matter of financial, administrative, and political necessity. Not only was it physically impossible for a great rentier to oversee personally routine points of organization on his estates, but the overwhelming litigiousness of contemporary life also made it essential for any property owner of note to engage the services of men practiced in the law. Furthermore, regular consultation with leading members of his following played a crucial part in determining the success—or even the survival—of the magnate in question. Just as an astute monarch recognized the importance of the deliberative process, making himself accessible to his ablest and most powerful subjects, so too the great lord had to involve his kinsmen and supporters in questions of policy and politics. In the right hands the seignorial council could, therefore, become a formidable weapon, sometimes even providing an alternative power structure to the government itself. A striking instance of this usurpation of authority is to be found in tenth-century Japan, where the administrative council of the dominant Fujiwara clan effectively superseded the central bureaucracy of the Heian state. Indeed, it was from the chambers of this body (known as the Mandokoro) that the real government of the country was carried out. The old framework was carefully preserved, and the great council of state continued to perform a ceremonial function, but, so far as practical control was concerned, the orders of the Fujiwara advisers took the place of imperial decrees.

scholarly journals Pemilikan Hak Atas Tanah Bagi Warga Negara Asing

2018 ◽  
Vol 2 (2) ◽  
pp. 137
Author(s):  
Rokilah Rokilah ◽  
Mia Mukaromah
Keyword(s):  
Research Method ◽  
Land Ownership ◽  
Legal Research ◽  
Foreign Nationals ◽  
Legal Provisions ◽  
Basic Law ◽  
The Right ◽  
Ownership Rights

This writing aims to find out how land ownership rights for Foreign Citizens as regulated in the Agrarian Basic Law (UPPA) Number 5 of 1960, in the UPPA regulate the prohibition on land ownership for Foreign Citizens. This is to reduce the existence of ownership rights to land for foreigners. Because in addition to keeping the land of Indonesian citizens not controlled by the foreigners also helping Indonesian citizens to be able to use their land to support their lives. Prohibition of land ownership rights for foreign nationals as stipulated in Article 21 of the BAL there are also exceptions to the prohibition, foreigners can use the right to use to build buildings or open a business. The method used is the empirical normative legal research method, namely the incorporation of normative legal provisions (laws) with empirical elements (legal events in society/social elements).

scholarly journals General principles of organization and activityof judges in Ukraine

2021 ◽  
pp. 107-111
Author(s):  
Y.V. Harust ◽  
V.V. Mirgorod-Karpova
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Legal Status ◽  
Professional Activity ◽  
Public Confidence ◽  
The European Union ◽  
Association Agreement ◽  
Public Servant ◽  
The Government ◽  
The Right

In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.

scholarly journals Upgrading Status of Right to Builds (HGB) Above The Right Management (HPL) Perumnas to Become Ownership Right (HM) (Case Study at Korpri Housing Bangetayu Wetan Semarang)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 807
Author(s):  
Dian Yunanti Yakob Udi
Keyword(s):  
Land Ownership ◽  
Analysis Method ◽  
Power Of Attorney ◽  
Registration Form ◽  
Descriptive Research ◽  
Land Title ◽  
The Government ◽  
The Right ◽  
Agency Service

In order to facilitate the middle to lower economic level people to have a decent housing, the government established Perumnas. Citizens wishing to improve their land title to HM (Ownership Right) on residential houses purchased from the Right to Use (HGB). This process must meet the prescribed requirements. The research method used was sociological juridical approach with analytical descriptive research specification, while the data analysis method used was descriptive qualitative. Based on the results of study in Korpri Housing Bangetayu Wetan Semarang and Land Office of Semarang City, it can be concluded that the procedure for submission of HGB to HM, the applicant has to visit the Land Office of Semarang City and complete some administrative requirements in the form of filling registration form, ID Card, IMB, HPL Holders Recommendation Perumnas, SPPT PBB of the current year, land ownership statement not more than 5 fields, and power of attorney if the application is authorized. Some obstacles in the application of the upgrade from SHGB on HPL Perumnas land become SHM are some people do not know or less understand about the procedure and requirement to upgrade their right, so that they give authorized to Notary/PPAT (Land Deed Officials), effort in IMB, the house is used as houseshop instead of residence. The way to solve it is by conducting further socialization to the community through BPN (National Land Agency) service, Notary/PPAT and physical inspection of residential houses for which the rights are requested.Keywords: Housing; Perumnas; Right to Manage; Ownership Right; Right to Builds.

scholarly journals Perjanjian Pinjam Nama sebagai Bentuk Kepemilikan Tanah oleh Warga Negara Asing di Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 384-387
Author(s):  
I Komang Gede Suwanjaya ◽  
I Nyoman Sumardika ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Land Tenure ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
The Law ◽  
The Government ◽  
Specific Regulation ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Formal Requirements

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling. 

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