KONSEP HAK KEPEMILIKAN BERDASARKAN HUKUM ADAT DAN HUKUM ISLAM

2021 ◽  
Vol 19 (1) ◽  
pp. 1-24
Author(s):  
Yanto Sufriadi
Keyword(s):  
Islamic Law ◽  
Land Rights ◽  
Social Function ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Research ◽  
Library Research ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Individual Ownership

This study focuses on the concept of land ownership rights based on Indonesian customary law and Islamic law. This study is a normative legal research with the approach of statutory law, customary law and Islamic law. Data obtained through library research. Based on this study, it is concluded that both Indonesian Customary Law and Islamic Law recognize individual ownership of land, but that ownership has a social function, namely that land rights must provide benefits for welfare, both the welfare of the owner and the welfare of the community. Both Indonesian Customary Law and Islamic Law prohibit land ownership that is detrimental to the welfare of others. This concept is expected to become a reference in formulating the ownership of material rights in Indonesian National Law.

scholarly journals Status Hak Atas Tanah Penduduk Desa dalam Kawasan Hutan Perum Perhutani

2019 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Fatimiah Azzahra
Keyword(s):  
Data Collection ◽  
Agrarian Reform ◽  
Land Rights ◽  
Land Ownership ◽  
Colonial Era ◽  
Public Corporation ◽  
The Status ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

This article aims to discuss the conflict of tenure rights between Perhutani and the community and the status of land held by the community after the entry into force of Presidential Regulation No. 86 of 2018 concerning Agraria Reform. The study uses a sociological juridical method. The location of the study is in the forest area of   Perhutani Public Corporation, Malang Regency. Data collection techniques using observation, interviews, and documentation. The results of the study show that conflicts over ownership of land rights between Perhutani and the community have been going on for a long time. Physically the land has been controlled by the community since the Dutch colonial era and passed down from generation to generation. The granting of permission to manage the land and payment of land tax strengthened the community’s argument about land ownership. The land status which is the object of the dispute is based on Presidential Regulation No. 86 of 2018 concerning Agrarian Reform became the authority of Perhutani Public Corporation. Communities can get ownership rights or get land compensation if the Ministry of Forestry releases the land.

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. 

scholarly journals ANALISIS PENYELUNDUPAN HUKUM KEPEMILIKAN HAK ATAS TANAH BAGI WARGA NEGARA ASING DENGAN CARA PELANGSUNGAN PERKAWINAN DENGAN WARGA NEGARA INDONESIA

PRANATA HUKUM ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 34-43
Author(s):  
RISTI DWI RAMASARI
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Civil Code ◽  
District Court ◽  
Foreign Nationals ◽  
High Court ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

Issues concerning the land can be prevented, at least to reduce the potential to avoid the cause, the problems are legal events, so the causes can be known and recognized by re-looking through existing legal ground view. From the problems in court, the process of settling the case takes a long time, sometimes for many years, it is because of the level of court that must be passed the District Court or Administrative Court, High Court, and Supreme Court.The problem in this paper is how the legal protection of land ownership rights for foreigners with the marriage with the citizens of Indonesia?egal protection of ownership of land rights for foreign nationals with marital sustainability with Indonesian citizens as a means of tenure of land ownership by foreign. By applying the nominee agreement, foreign nationals may control land as possessing land rights as Indonesian citizens. However, this agreement has not been regulated in Indonesia, especially the legal system of agreements set forth in the Civil Code (KUHPdt), so it is categorized into the category of legal smuggling of land ownership rights for foreigners. The legal effort to be taken in solving the problem of legal smuggling of land ownership rights for Foreigners with Marriage Sustainability with Indonesian Citizens is inseparable from the provisions of Article 1320 and Article 1338 of the Civil Code (KUHPdt).

scholarly journals PENGALIHAN HAK ATAS TANAH UNTUK KEPENTINGAN UMUM MENURUT HUKUM ISLAM

2020 ◽  
Vol 8 (2) ◽  
pp. 287-310
Author(s):  
Faozi Latif ◽  
Asep Sunarko
Keyword(s):  
Public Interest ◽  
Islamic Law ◽  
Land Rights ◽  
Public Interests ◽  
The Public ◽  
Library Research ◽  
Ownership Rights

Transfer of land rights for public interest in the community often occurs. The transfer of land is done for various purposes, including the construction of roads, hospitals, places of education, places of worship and others. This research is pursued in the discussion of the process of transferring land rights in the public interest according to Islamic law and the consequences for the transfer of ownership rights to land in the public interest. This research uses library research. The results of the study explained that in Islamic law the transfer of land rights was carried out in the time of the Prophet and also shahaba. Transfer of land rights for public interest in Islam can be done through buying and selling or compensation and endowments. After the transfer of land rights, the rights to manage and use the land are transferred to the second party.  Keywords: Land, Public Interests, Waqf.

scholarly journals Diskriminasi Terhadap WNI Keturunan Tionghoa Terkait Kepemilikan Tanah di Yogyakarta

ijd-demos ◽  
2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Brilian Satrio Pamungkas ◽  
Febrio Elfianta ◽  
Kintan Anindita Zulfana ◽  
Tanti Sabila
Keyword(s):  
Scientific Journal ◽  
Land Rights ◽  
Land Ownership ◽  
Land Policy ◽  
Regional Government ◽  
Citizenship Status ◽  
Chinese Descent ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Special Region

AbstractThis scientific journal writing aims to analyze the land policy established by the Yogyakarta Special Region government regarding land rights ownership for Indonesian citizens of Chinese descent. The enactment of the UUAP in Jogja resulted in that individuals with Indonesian citizenship status were allowed to pocket or hold ownership rights to land. However, this is very inversely proportional to reality, first implementing the Deputy Governor's Instructions which made it impossible for Indonesian citizens of Chinese descent to own land rights in Jogja. The local government only allows Indonesian citizens of Chinese descent to only be allowed as use rights, building use rights, and business use. The Yogyakarta Regional Government seems to discriminate against its citizens, especially those of Chinese descent. This situation has made many Indonesian citizens of Chinese descent cast strong protests over the ownership of land rights for their groups to the local governmentKeywords: citizenship, restriction on the acquisition of rights, land ownership in Yogyakarta AbstrakPenulisan jurnal ilmiah ini bertujuan untuk menganalisis kebijakan pertanahan yang ditetapkan oleh Pemerintah Daerah Istimewa Yogyakarta mengenai kepemilikan hak atas tanah bagi warga negara Indonesia keturunan Tionghoa. Dengan berlakunya UUAP di Jogja, warga negara Indonesia diperbolehkan mengantongi atau memiliki hak kepemilikan atas tanah. Namun hal ini sangat berbanding terbalik dengan kenyataan, pertama melaksanakan Instruksi Wakil Gubernur yang tidak memungkinkan warga negara Indonesia keturunan Tionghoa memiliki hak atas tanah di Jogja. Pemerintah daerah hanya mengizinkan warga negara Indonesia keturunan Tionghoa untuk hanya diperbolehkan sebagai hak pakai, hak guna bangunan, dan guna usaha. Pemerintah Daerah Yogyakarta terlihat melakukan diskriminasi terhadap warganya, terutama yang keturunan Tionghoa. Situasi ini membuat banyak warga Indonesia keturunan Tionghoa melayangkan protes keras atas kepemilikan hak atas tanah bagi kelompoknya kepada pemerintah daerah.Kata kunci: kewarganegaraan, pembatasan perolehan hak, kepemilikan tanah di Yogyakarta

scholarly journals Akibat Hukum Terhadap Peralihan Hak Milik Atas Tanah Yang Belum Lunas Pembayarannya

Jurnal Akta ◽  
2017 ◽  
Vol 5 (1) ◽  
pp. 65
Author(s):  
M. Adib Luthfi ◽  
Akhmad Khisni
Keyword(s):  
Land Rights ◽  
Customary Law ◽  
Payment Method ◽  
New Process ◽  
Legal Effect ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Sense Of Justice ◽  
Binding Agreement

ABSTRAKHasil penelitian menyimpulkan, bahewa akibat hukum dari peralihan hak milik atas tanah yang belum lunas pembayarannya adalah sah secara jual beli, akan tetapi apabila pembayaran harga tanahnya tersebut belum dilunasi terlebih dahulu maka peralihan hak nya dapat ditangguhkan (sesuai perjanjian pengikatan jual beli lunas). Setelah pembayaran harganya dilunasi baru proses peralihan haknya dilanjutkan (pembuatan Akta Jual Beli dan proses sertifikat). PPAT membuatkan Akta Jual Beli selanjutnya akta tersebut dijadikan alat bukti autentik yang menerangkan telah terjadi peralihan hak atas tanah melalui jual beli selanjutnya untuk didaftarkan. Sedangkan jual beli tanah yang menganut hukum adat bersifat konkret, kontan, nyata dan riil. Artinya peran PPAT dalam melaksanakan amanat Undang-Undang tersebut harus benar-benar terlaksana dan kaitannya dengan peralihan hak milik atas tanah yang belum lunas pembayarannya, PPAT harus menentukan sikap tegas untuk tidak membuatkan Akta Jual Beli tersebut sebelum seluruh pembayaran harganya lunas meskipun cara pembayarannya secara bertahap. Solusinya apabila ada permasalahan seperti itu maka PPAT harus membuatkan perjanjian pengikatan jual beli lunas sebelum dibuatkan Akta Jual Belinya. Hal tersebut dilakukan supaya terwujud rasa keadilan dan meminimalisir wanprestasi antara penjual dan pembeli dalam kaitannya dengan jual beli tanah.Kata Kunci : Akibat Hukum, Jual Beli Tanah, Belum Lunas. ABSTRACT The result of this study concludes that the legal effect of the transfer of ownership of land that has not paid off is valid for the sale and purchase, but if the payment of the land price has not been paid in advance then the transfer of its rights can be suspended (in accordance with the agreement of sale and purchase settlement paid). After payment of the price is paid a new process of transfer of rights continue (making Deed of Sale and Purchase certificate process). PPAT makes the Deed of Sale and then the deed is used as authentic proof that there has been a transfer of land rights through subsequent sale and sale to be registered. While the sale and purchase of land that adheres to customary law is concrete, cash, real and real. This means that the role of PPAT in carrying out the mandate of the Act must be fully implemented and related to the transfer of ownership rights to land that has not paid off, PPAT must determine the firm stance to not make the Deed and Sell before all payment of the price paid in full even though the payment method gradually . The solution if there are problems like that then PPAT must make a binding agreement to buy and sell paid before the Deed of Sale. This is done in order to realize the sense of justice and minimize the default between the seller and the buyer in relation to the sale and purchase of land.Keywords: Legal Effect, Sale and Purchase Land, Not Filled.

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

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

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

scholarly journals Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

2021 ◽  
Vol 1 (2) ◽  
pp. 62
Author(s):  
Mispa Christian Science Paisina ◽  
Adonia Ivone Laturette ◽  
Novyta Uktolseja
Keyword(s):  
Land Ownership ◽  
Customary Law ◽  
Legal Basis ◽  
Land Law ◽  
Law System ◽  
Customary Rights ◽  
Customary Land ◽  
Ownership Of Land ◽  
Binding Power ◽  
Ownership Rights

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.

scholarly journals LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE)

2021 ◽  
Vol 6 (1) ◽  
pp. 9-15
Author(s):  
Ni Putu Theresa Putri Nusantara ◽  
I Made Suwitra ◽  
I Nyoman Sujana
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Customary Law ◽  
Legal Research ◽  
Inheritance Law ◽  
Village Community ◽  
Religious Law ◽  
Ownership Rights ◽  
The Village ◽  
Legal Force

This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.  

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

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