scholarly journals The Implementation Of A Judge's Decision On Returning Disputes Of Property Land Rights In Condong Island (Sulah)

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
M. Chairul Rizal ◽  
Recca Ayu Hapsari
Keyword(s):  
Land Rights ◽  
Empirical Approach ◽  
Normative Approach ◽  
Legal Problems ◽  
Research Show

This journal aims is to learn and analyse the judge’s consideration in deciding the dispute in Condong Island, also to find out the implementation of Condong Island cases on judge’s decision  number: 41/ Pdt.G / 2019 / PN.KlA. the method of this research is using the juridical and normative approach by viewing  legal problems as rules that are considered with normative juridical research where its carried out by studying the principles of law in undergraduate theory/opinion, as well as other related laws and regulation. The empirical approach is carried out by seeing and observing directly to the object of the research concerning the implementation of the judge’s decision on the decision of Condong Sulah island case. The results of this research show that there has been a transaction between the plaintiffs according to the convention/reconvention defendant and defendant I, Defendant II, Defendant III/ Reconvention of defendants over the disputed land which located in the area of Tarahan village, Katibung district, south of Lampung regency, covering an area of 93,693 (ninety-three thousand six hundred ninety-three) square meters.

scholarly journals Legal Problems Regarding the Implementation of the Obligation to Read the Notary Deed

Jurnal Akta ◽  
2020 ◽  
Vol 7 (4) ◽  
pp. 274
Author(s):  
Hendy Hendariyadi ◽  
Jawade Hafidz ◽  
Soegianto Soegianto
Keyword(s):  
Empirical Approach ◽  
Social Aspects ◽  
Community Life ◽  
Applicable Law ◽  
Legal Problems ◽  
Real Presence ◽  
Community Behavior ◽  
Legal Consequence ◽  
Notary Public ◽  
Legal Consequences

Reading the deed is an obligation in every authentic deed is made, the reading of the deed by a notary is part of the verlijden or the inauguration of the reading and signing of the deed in question. If the reading of this deed is related to the making of an authentic deed which is part of perfect proof, it is clear that making a notary deed requires the real presence and physical position of the parties concerned. The purpose of this research is to analyze the Notary Public is obliged to read out the deed made based on Act No. 2 of 2014 concerning the Position of Notary Public, To analyze the legal problems of reading deeds made by the Notary, To analyze the legal consequences of deeds that are not read by a Notary based on Act No. 2 of 2014 concerning the Position of a Notary Public. The method used in this research is the method used in this research is juridical empirical, namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects. namely an approach based on applicable law and based on reality in practice. The juridical approach is used to analyze regulations that are related to the Notary Law, while the empirical approach is used to analyze the obligations of notaries in reading deeds which are seen as community behavior that has a pattern in community life that always interacts and relates to social aspects.The legal problem of reading deeds made by notaries, related to article 16 paragraph 7 of the Law on Notary Position regulates deviations from article 16 letter m. Where in Article 16 paragraph 7, it is stated that the reading of the deed is not mandatory, if the viewer wants the deed not to be read because the viewer has read it himself, knows and understands its contents, provided that it is stated in the cover of the deed and also on every minuta deed page initialed by the parties, and witnesses, as well as a notary. The legal consequence of the deed which is not read out by the notary based on Act No. 2 of 2014 concerning the Position of Notary Public, the deed which is not read out is still an authentic deed as long as the reasons for not reading the deed are stated.

scholarly journals Analisis Prosedur Administrasi Peralihan Hak Atas Tanah Hibah pada Kementerian Agraria dan Tata Ruang / Badan Pertanahan Nasional Kabupaten Bungo Provinsi Jambi

2020 ◽  
Vol 5 (1) ◽  
pp. 50-59
Author(s):  
Mardansyah -
Keyword(s):  
Spatial Planning ◽  
Land Rights ◽  
Qualitative Approach ◽  
Survey Method ◽  
Legal Certainty ◽  
Land Grants ◽  
Employee Discipline ◽  
Research Show ◽  
Descriptive Qualitative

This research was conducted due to several problems including: the absence of efforts to transfer land rights according to clear procedures and conditions, the absence of legal certainty and protection for holders of land rights grants. This research was conducted on 20 people involved in the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Bungo Regency of Bungo Regency using a survey method with a descriptive qualitative approach. The results of the research show the procedures for administering the transfer of rights to land grants at the Ministry of Agrarian Affairs and Spatial Planning. Procedures for administering the transfer of land rights to the grant, for land that has been certified by the grantee and the grantee before the official land deed maker (PPAT) to sign the grant deed. In the process of making a grant deed, the grant giver must complete land data and data on the grantee and recipient of the grant. Obstacles to the Office of the Ministry of Agrarian Affairs in the Transfer of Rights to Land Grants is the high number of people who do not understand about the transfer of rights to land grants, underutilized office facilities and infrastructure, lack of employee discipline.

scholarly journals Keabsahan Surat Keputusan Pemberian Hak Atas Tanah Tanpa Disertai Surat Setoran Pajak

2021 ◽  
Vol 2 (2) ◽  
pp. 38-49
Author(s):  
David Mars Tornado ◽  
Marwati Riza ◽  
Sri Susyanti Nur
Keyword(s):  
Income Tax ◽  
Government Regulation ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Legal Implications ◽  
The Republic ◽  
Legal Subjects ◽  
Research Show

The granting of land rights is one way for legal subjects to be able to obtain a right to land in Indonesia. This study aims to determine the legal implications of the Decree on Granting Land Rights issued by the National Land Agency without implementing Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 concerning Income Tax. This research is empirical legal research. The results of the research show that the Decree on the Granting of Rights to Land is still valid without implying that it is null and void, while Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 is not in line with the principles in the theory of legal certainty and is not effective in its application or enforcement.

scholarly journals Legal Flaws in the Election of Wali Nanggroe 2018-2023 Period in Aceh

2021 ◽  
Vol 6 (1) ◽  
pp. 72
Author(s):  
Muhammad Ihsan
Keyword(s):  
Research Method ◽  
Electoral System ◽  
Candidate Selection ◽  
Selection System ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Problems ◽  
Election Commission ◽  
Research Show

The problem of elections in public office is often interesting to study, especially with the development of the electoral system which is continually being renewed to prevent corruption, collusion and nepotism, as well as to get candidates who are capable in their fields. One of these public offices which is Aceh-specific is Wali Nanggroe. This institution is a mandate of Aceh Government Law Number 11 of 2006. The determination of the Wali Nanggroe for the 2018-2023 period raises legal problems. Therefore this study will examine the wali nanggroe candidate selection system, the mechanism for selecting wali nanggroe based on Qanun number 8 of 2012, and whether there is a legal flaw in the election of wali nanggroe for the 2018-2023 period. This study uses a normative legal research method with a Law and Conceptual approach. The results of the research show that the wali nanggroe candidate selection system has not been carried out openly and transparently, even though Qanun allows for other candidates, in terms of election mechanisms, according to Qanun, an Election Commission must be formed in which there are 4 elements, but in practice the Commission Elections were not formed, this would be legally problematic, even legally flawed because one of the elements of the Election Commission was not involved as a member of the Election Commission as regulated by the Qanun. The elements that were not involved were representatives of ulama in each district/city.

scholarly journals Cancellation of Land Ownership Certificate by the State Administrative Court Reviewed from the State Administrative Justice Law

2021 ◽  
Vol 8 (4) ◽  
pp. 703
Author(s):  
Nurul Muzakkir ◽  
Yanis Rinaldi ◽  
Adwani Adwani
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Land Ownership ◽  
The State ◽  
Good Faith ◽  
Land Area ◽  
Land Registration ◽  
Legal Problems ◽  
State Administration ◽  
The Right

Based on Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration states, in the event that a land area has been issued a certificate legally and on behalf of a person or legal entity who acquires the land in good faith and expressly controls it, then the other party who feels that it has the right to the land, can no longer demand the exercise of the right if within a period of 5 years from the issuance of the certificate does not object in writing to the holder of the certificate or the Head of the Land Office concerned or does not file a lawsuit to the Court regarding the mastery or issuance of the certificate. Legal problems arise that a certificate that has been issued a certificate for 5 years can not be sued in court on an validity basis. The results showed that the cancellation of land rights certificate by tun court based on The State Administrative Court Law, cancellation of land certificates by deliberation and other efforts and unilateral settlement by the National Land Agency (BPN) has been carried out, where the plaintiffs held a review of the State Administrative Decision that has been issued can not be received by the plaintiff or the disputing party. Prior to the ruling that has legal force it remains prohibited for the relevant State Administration officials to carry out mutations on the land in question, it is to avoid the occurrence of problems in the future that cause harm to the litigants and third parties.

scholarly journals PERANAN SAKSI AHLI FORENSIK DALAM PENETAPAN TERSANGKA TINDAK PIDANA PEMBUNUHAN (Studi Polres Labuhanbatu)

2021 ◽  
Vol 9 (1) ◽  
pp. 52-57
Author(s):  
Poriaman Poriaman ◽  
Abdul Hakim ◽  
Risdalina Siregar
Keyword(s):  
Data Analysis ◽  
Public Prosecutor ◽  
The Public ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Research Material ◽  
Forensic Expert ◽  
Study Techniques ◽  
Research Show

In a trial examination of a criminal case, the judge conducts an examination with at least two valid pieces of evidence and also pays attention to the indictment of the public prosecutor regarding what criminal act the defendant has committed. In the case of murder the judge needs a forensic expert to find out what caused the criminal incident. The forensic doctor's statement in the form of a visum et repertum plays a role in deciding / imposing a sentence for the convicted person, because the Visum Et Repertum contains information or information about the causes that resulted in a person's death or injury. The formulation of the problems in this study are: 1. What is the role of forensic experts in uncovering the crime of murder? 2. What are the obstacles faced by forensic experts in uncovering the crime of murder? This study used a normative approach, the research material was collected using document study techniques, and data analysis techniques were used qualitatively. The results of the research show that: 1. The role of a forensic specialist is very important in uncovering the crime of murder, namely being able to directly provide information in court in the form of visum et repertum. 2. The judge's consideration of the results of the forensic doctor's testimony in court in revealing the crime of murder is very helpful for the judge in taking a legal consideration.Keywords: Witness; forensic expert; Criminal act; Suspect; Murder.

scholarly journals LEGAL REVIEW OF SELLING LAND OF INHERITANCE WITHOUT APPROVAL OF ALL HEIRS

2020 ◽  
Vol 28 (1) ◽  
Author(s):  
Isdian Anggraeny
Keyword(s):  
Economic Value ◽  
Land Rights ◽  
Legal Problem ◽  
Legal Problems ◽  
The Law ◽  
Problem Formulations ◽  
Legal Consequences

The land is one of the most valuable items because it is a source of life and livelihood for humans. The land has economic value and spiritual value for the owner. However, as the community's need for land increases, so does the legal problem in acquiring land. Everyone will disagree with one another in defending their land rights. One of them is ownership disputes that occur in inherited land which are the object of the transfer of land rights to other parties, for example through buying and selling. There are several phenomena of legal problems due to the sale and purchase of inherited land which is carried out unilaterally by one of the heirs and / or several heirs. Therefore, in this paper, we will discuss some problem formulations, namely: (1) What is the position of the sale and purchase of land over inherited land without the consent of all heirs? (2) What are the legal consequences of buying and selling land on inherited land without the consent of all heirs? Through normative juridical study, the following results are obtained. First, the legal act of buying and selling inherited land without the consent of all heirs is an illegal act before the law. Secondly, the legal consequences of buying and selling land on inherited land without the approval of all heirs are null and void.

scholarly journals The Implementation of Making Land Deed Done by Subdistrict Head as The Temporary Land Deed Officials in Bulakamba Subdistrict, Brebes Regency

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 751
Author(s):  
Opy Ropiyah ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Empirical Approach ◽  
Qualitative Data Analysis ◽  
Land Registration ◽  
Analysis Techniques ◽  
Normative Approach ◽  
Registration Process ◽  
And Function ◽  
Legal Consequences

The implementation of Land Registration Services by the Subdistrict Head as Temporary PPAT is referred to PP No 24 year 1997 on land registration, and PP No. 24 year 2016 concerning Land Deed Officials.The purpose of this study was to analyze the making of land deed by the Subdistrict Head in his position and function as Temporary PPAT in Bulakamba District, Brebes Regency, as well as to find out the legal consequences if an error occurred in its implementation.This research is a juridical-empirical approach. Data analysis techniques used qualitative data analysis. The juridical approach was based on a normative approach that analyzed various laws and regulations in the land sector, while the empirical approach is used to analyze normative laws.The results showed that, the temporary PPAT are more likely to only make a sale and purchase deed, because the Subdistrict Head itself is less active, due to busyness with government affairs in his area. The Subdistrict Head, as Temporary PPAT, has not yet installed the nameplate (Article 20 paragraph 2) PP No. 24 year 2016. The delay in submitting the deed and the documents in the land registration process conducted by the temporary PPAT Sub-District Head does not result in the cancellation of the deed that has been made.Suggestions to the Land Office in Brebes Regency is, they should work together with the PPAT Association (IPAT) and must routinely conduct guidance and supervision of the Land Deed Officials (PPAT), especially temporary PPAT in order to minimize mistakes.Keywords: Subdistrict Head, Temporary PPAT, Land Deed

scholarly journals PERANAN BADAN PERTANAHAN NASIONAL DALAM MENGOPTIMALISASIKAN PENDAFTARAN TANAHDI KOTA TEBING TINGGI NATIONAL LAND AGENCY ROLE IN LAND REGISTRATION OPTIMALIZATION IN TEBING TINGGI

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Seftia Azrianti
Keyword(s):  
Key Words ◽  
Government Regulation ◽  
Land Rights ◽  
Empirical Approach ◽  
Social Aspects ◽  
Land Registration ◽  
The Social ◽  
The Government ◽  
Laws And Regulations

Penelitian ini bertujuan untuk mengetahui dan menganalisis peran badan pertanahan dalam pelaksanaan pendaftaran tanah menurut Peraturan Pemerintah (PP) Nomor 24 Tahun 1997 tentang Pendaftaran Tanah. Metode pada penelitian ini adalah metode pendekatan yuridis empiris. Pendektan yuridis, digunakan untuk menganalisis berbagai peraturan perundang-undangan terkait dengan peranan Kantor Pertanahan Kota Tebing Tinggi dalam upaya meningkatkan pendaftaran hak atas tanah. Sedangkan pendekatan empiris, digunakan untuk menganalisa hukum yang dilihat sebagai prilaku masyarakat yang berpola dalam kehidupan masyarakat yang selalu berinteraksi dan berhubungan dalam aspek kemasyarakatan. Berdasarkan Hasil penelitian dapat disimpulkan Peran Badan Pertanahan Nasional dalam mengoptimalisasikan pendaftaran tanah di Indonesia dilakukan sesuai dengan tugas dan wewenang Peraturan Perundang undangan yang berlaku khususnya Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah,  dalam upaya untuk meningkatkan pendaftaran hak atas tanah,  Badan Pertanahan nasional adalah sebagai garda depan dalam melayani masyarakat dalam melakukan pendaftaran tanah pertama kali maupun dalam rangka pemeliharaan daftar umum pendaftaran tanah. Upaya-upaya yang dilakukan oleh Kantor Pertanahan di Kota Tebing Tinggi untuk mengoptimalkan pendaftaran tanah di Tebing Tinggi adalah menggunakan Program Larasita dan Prona Sebagai cara ampuh mempercepat program pendaftaran tanah di Kota Tebing Tinggi.  Kata Kunci:  Badan Pertanahan Nasional. Optimalisasi, Pendaftaran TanahThe aim of this study was to identify and analyze the role of land agency in the implementation of land registration in accordance with Government Regulation (PP) No. 24 of 1997 about Land Registration. The method in this study was empirical juridical approach. Juridical approach used to analyze the various laws and regulations relating to the role of Tebing Tinggi land agency in an effort to improve the registration of land rights. While the empirical approach, used to analyze the law based on society attitudes in daily interaction and relating in the social aspects. Based on The results of this study, it can be concluded that the role of the National Land Agency in optimizing land registration in Indonesia carried out in accordance with the duties and authority of Laws and regulations, particularly the Government Regulation No. 24 of 1997 on Land Registration, in effort to improve the registration of land, national rights Land Agency was as main officerin serving the community in conducting the first land registration and maintenance . The efforts undertaken by the Land Office at Tebing Tinggi to optimize land registration in Tebing Tinggi was using Larasita and Prona Program as a useful effort to accelerate land registration program in Tebing Tinggi. Key words:  National Land Agency, Optimalization, Land Registration

scholarly journals Implementation of Financial Services Authority Regulation №35/POJK.05/2015 Article 35 by Indonesian Venture Capital Companies in 2015

2021 ◽  
Author(s):  
Eka Mulia AL AMIN
Keyword(s):  
Venture Capital ◽  
Financial Services ◽  
Secondary Data ◽  
Economic Sector ◽  
Indonesian Government ◽  
Normative Approach ◽  
Business Operations ◽  
State Finance ◽  
Capital Regulations ◽  
Research Show

POJK or the Financial Services Authority Regulation is one of the official documents of the Indonesian government related to the state finance sector. Venture capital itself is one of the contributors to the economy of Indonesia, especially in terms of financing or equity participation. Therefore, regulations are needed to control the operation of venture capital businesses to avoid damages caused by problems/disruptions. Generally, the economic sector in Indonesia is highly regulated, and venture capital is not an exception. However, this paper only focuses on the analysis of the actual implementation of one of the venture capital regulations in Indonesia, namely POJK No. 35/POJK.05/2015 concerning equity participation in Venture Capital Companies (VCC), particularly, Article 35 which states that VCC must have a ratio of Equity to Paid-in Capital not less than 30%. For this research, the method of qualitative normative approach has been applied based on the secondary data concerning Business Operations of Venture Capital Companies. The results of this research show fulfillment of these implemented regulations in practice by the existing VCC and its potential.

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