scholarly journals AKIBAT HUKUM AKTA PELEPASAN PALSU PADA KASUS RELOKASI PERLUASAN BANDARA JUANDA

2019 ◽  
Vol 18 (2) ◽  
pp. 248
Author(s):  
Helen Camelia Cahyadi ◽  
Lailatul Maghfirah ◽  
Fardillah Rizkiansyah

<p><em>Land disputes are not a new thing that has happened in the long history of law enforcement in this country, often justice becomes overlapping which then ends at the court table, this article will also raise a case of land dispute namely the dispute over the expansion of Juanda airport, this dispute occurred on a 20-hectare plot of land located in Pranti Village, Sedati, Sidoarjo, whose parties are the East Java </em><em>Pusat Koperasi Karyawan</em><em> (Puskopkar) center as the land rights holder with PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT), this dispute occurred because of the alleged fake release certificate made by individuals claiming to be members of Pusk</em><em>o</em><em>par given to PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT) for that legal protection is needed.</em><em></em></p><p><strong><em></em></strong><em><br /></em><em></em></p>

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 117-135
Author(s):  
Anisa Sekarsari ◽  
Haryo Budhiawan ◽  
Akur Nurasa

Abstract: In order to give the assurance of legal certainty, certainty of rights and legal protection to holders and owners of land rights, the land registration shall be carried out. However, there is still a land dispute which now become a homework for The Government. This is because the certificate which should be a strong evidentiary can not guaranteed the legal certainty for the owner, so the person who right the land can blocking the certificate of land rights at Land Office. The issuance of Regulation Minister of Agrarian Affairs and Spatial / Head of National Land Office Number 13 Year of 2017 concerning the Procedures of Block and Sita which expected to create uniformity, standardization in recording process and abolition of registration blocked, it turns out not all the rules can be implemented at The Land Office of Sleman and Bantul Regency.The result of this research shows that blocking certificate process at Sleman Land Office and Bantul Land Office have a policy that the applicant is required to pay the blocking recording fee after the blocking received. Makes a potential loss to the (PNBP) which should be owned by Land Office for faced the problem of KKPweb application which have not been able to accomodate the time period of blocking. Keywords : blocking certificate, blocking, registration blocked Intisari: Dalam rangka memberikan jaminan kepastian hukum dan kepastian hak serta perlindungan hukum kepada pemegang dan pemilik hak atas tanah, maka dilaksanakan pendaftaran tanah. Namun demikian, masih saja terjadi sengketa pertanahan yang saat ini menjadi pekerjaan rumah bagi Pemerintah. Hal ini disebabkan karena, sertipikat sebagai alat pembuktian yang kuat ternyata belum menjamin kepastian hukum pemiliknya sehingga pihak yang merasa berhak atas tanah tersebut dapat melakukan blokir sertipikat hak atas tanah di Kantor Pertanahan. Dikeluarkannya Permen ATR/Kepala Nomor 13 Tahun 2017 tentang Tata Cara Blokir dan Sita yang diharapkan bertujuan untuk mewujudkan keseragaman, standarisasi dalam pelaksanaan pencatatan dan penghapusan catatan blokir ternyata tidak semua peraturan tersebut dapat dilaksanakan di Kantor Pertanahan Kabupaten Sleman dan Bantul. Hasil penelitian menunjukan bahwa pelaksanaan pencatatan blokir di kantor pertanahan Kabupaten Sleman dan Kabupaten Bantul terdapat kebijakan yaitu pemohon diwajibkan membayar biaya pencatatan blokir setelah blokirnya diterima membuat potensial loss terhadap (PNBP) yang seharusnya didapat kantor pertanahan untuk kendala yang dihadapi yaitu Aplikasi KKPweb yang belum dapat mengakomodir jangka waktu blokir. Kata Kunci: blokir sertipikat, pemblokiran, pencatatan blokir


2021 ◽  
Vol 1 (3) ◽  
pp. 49-51
Author(s):  
Nataliia Sviderska ◽  
◽  
Dmytro Kura ◽  

Author(s):  
Оlena Shtefan ◽  

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.


Author(s):  
M. Syuib ◽  
Sarah Diana Aulia

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.


2021 ◽  
Vol 3 (2) ◽  
pp. 117-122
Author(s):  
Nurul Fitria ◽  
Muh. Arfah Pattereng ◽  
Zulkifli Makkawaru

Dalam era globalisasi dan modernisasi saat ini, tanah memegang peranan sentral dalam kehidupan manusia serta merupakan permasalahan yang paling pokok dan krusial. Terlihat dari banyaknya perkara perdata maupun pidana yang diajukan ke pengadilan, antara lain menyangkut sengketa tata usaha Negara mengenai penertiban sertipikat tanah dan berbagai perbuatan melawan hukum lainnya. Negara mengakomodir perkembangan ini melalui kewajiban pemerintah untuk menyelenggarakan pendaftaran tanah, baik secara sistematik maupun sporadik dengan tujuan untuk menjamin kepastian hukum dan memberikan perlindungan hukum kepada pemegang hak atas tanah. Penelitian yang dilakukan adalah penelitian kepustakaan yang bersifat deskriptif analitis yang menggambarkan mengenai kegiatan pendaftaran tanah beserta berbagai permasalahan seputarnya, khusus mengenai pembatalan Sertipikat Hak Milik berdasarkan Putusan Pengadilan Nomor : 634PK/PDT/2012 yang kemudian dianalisa guna memberikan saran atau jalan keluar bagi permasalahan yang terjadi. Dari penelitian tersebut diketahui bahwa sertipikat hak atas tanah merupakan alat pembuktian yang kuat, bukan alat pembuktian yang mutlak. Land held a central role in human life and has become the main and crucial problem in this globalization and modernization era. It can be seen from the number of civil and criminal cases that have been filed to the court that concerns to State administrative disputes regarding land certificate publication and other illegal acts. The state accommodates this development through the government's obligation to carry out land registration, both systematically and sporadically, with the main objective of ensuring legal certainty and providing legal protection to land holders. Regarding certificate cancellation on land disputes number: 01006/Panciro on 28 of November 2013 elaborated as well on survey document Number 00541/Panciro 2013 on 15 of November 2013, 5.596 M2 areas. Library research has been done, descriptive analysis, to answer the question above which described about land registration activity with some problems around, concerning land rights certificate cancellation exclusively based on the verdict of the court Number: 634PK/PDT/2012 which analyzed to give suggestion and solution to the problem. The result of the research showed that the land rights certificate is not absolute verification but strong.


2021 ◽  
Vol 8 (12) ◽  
pp. 273-280
Author(s):  
Redyanto Sidi ◽  
Samuel Gunawan ◽  
Muhammad Yoga Dwi Anggara Sopiyan

Phenomenon by providing a Doctor's certificate in the criminal justice system involving a witness, a suspect, accused in corruption cases start of the examination in the Police, the Prosecutor's office, Corruption Eradication Commission, the Court, as well as in Correctional Institutions, stating that the person concerned should be treated and treated specifically and also nothing should be referred to the hospital with complete amenities, this phenomenon has been carried out since long. The utilization of a doctor's certificate is against the law in criminal cases of corruption, according to the dynamics of law enforcement in Indonesia is certainly not going to stop. If this issue continues to be adversely affects the process of law enforcement in Indonesia. The research method used in this research is normative juridical. The source of the data obtained in this research is sourced from the material library and descriptive analytics which is intended to reveal a problem or situation or event as it is so that it can uncover the actual facts. The results in this study show that Fraud and irregularities a Doctor's certificate will easily occur. There is a strong tendency among law enforcement, that a doctor's certificate is evidence that the strong, and can not be contested. In the history of law enforcement corruption in Indonesia, law enforcement has yet to cultivate the examination and make a doctor's certificate is genuine or fake and can be justified scientifically and professionally. In addition, it is also never ask for another opinion from another doctor to check the health of a person declared sick and was unable to be present in the judicial process, from the previous doctor. Keywords: A Doctor's Certificate, Criminal Justice, Corruption.


Author(s):  
Ivan N. Mel'nikov ◽  
Ol'ga A. Smirnova

The article is devoted to the study of the process of formation of the institution of notaries in Kostroma land. The work identifi es the main stages of the development of the institution of notaries in the development of the state and the sources of legal regulation of this area of law enforcement. In the process of the historical and legal analysis, the peculiarities of the practical activity of notaries, refl ected in the documents which are stored in the holdings of the State Archives of Kostroma Region, are revealed. Particular attention is paid to the implementation of the judicial reform of 1864 and its role in the formation of the Russian notariat. The main purpose of the work was to assess the infl uence of historical experience on the current state of the institution of notaries, as well as to identify lost traditions in this area of jurisprudence. The results of this study may be of interest to specialists in the fi eld of history of law and local history.


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