PEMANFAATAN TANAH NON-SERTIFIKASI MENURUT HUKUM PERJANJIAN BARAT & ISLAM  (Studi Kasus Rencana Pemanfaatan Tanah oleh PT. Solusi Bangun Indonesia dengan Pemerintah Desa Sawir, Kecamatan Tambakboyo, Kabupaten Tuban)

This research discusses about the status of land rights whose ownership has been not clear yet, which is the object of cooperation in utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk, according to the laws and principles in force in Indonesia. The problems that will be answered in this study include: (1) What is the status of land rights that are used as objects of utilization between the Sawir Village Government and PT Solusi Bangun Indonesia Tbk? (2) How is the land use cooperation between Sawir Village Government and PT Solusi Bangun Indonesia Tbk according to Western and Islamic Covenant Law? This type of research is a qualitative research, while the approach used is an empirical juridical approach, namely legal research that functions to see the laws that apply in the community. The results of this research are: (1) According to the Sawir Village Government, the land belongs to the Village Government as evidenced by the existence of a field map in the village C book. Meanwhile, according to the Tuban Regency Government, the Tuban Regency National Land Agency, and PT Solusi Bangun Indonesia Tbk, the land ownership is not registered and cannot be claimed as an asset of Sawir Village. According to Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles article 19 paragraph 1, the land cannot be referred to as land belonging to Sawir Village until the certification is completed on behalf of the village. And to get the ownership certificate, the Sawir Village Government must register or submit an application for ownership of the land to the National Land Agency of Tuban Regency. (2) According to the Islamic Covenant Law, the status of the land does not meet the requirements as an object of the agreement. This is because the land has not been legally proven to be owned by the Sawir Village Government. Whereas one of the main requirements for the validity of an agreement is that the object of the agreement must be legally owned by one of the parties who entered into the agreement.Keywords: Utilization, Non-Certified Land, Covenant Law, Customary Rights

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Urgensi Penguatan Hak Atas Tanah Druwe Desa di Bali

Tunas Agraria ◽

10.31292/jta.v1i1.6 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

I Putu Dody Sastrawan ◽

I Gusti Nyoman Guntur ◽

Dwi Wulan Titik Andari

Keyword(s):

Qualitative Research ◽

Research Methods ◽

Land Rights ◽

Land Ownership ◽

Qualitative Research Methods ◽

Legal Subject ◽

Ethnographic Approach ◽

The Status ◽

The Right

Abstract: Druwe Desa land is a customary whose management is implemented and belongs to desa pakraman. Although it has been acknowledged juridically, but the existence of Druwe Desa land in Bali is experiencing a vacuum related to the legal subject. On that basis, desa pakraman is appointed as subject of rights with respect to its land through the Decree of the Minister of Agrarian Affairs and Spatial/Head of National Land Agency Number 276/Kep-19.2/X/2017. The purpose of this research is to: (1) Make map of distribution of Druwe Desa land; (2) Describe the importance of strengthening the right to Druwe Desa land; (3) Describe the procedures for strengthening the right to Druwe Desa land; (4) Describe the benefits of the strengthening of Druwe Desa land rights. To achieve these objectives, qualitative research methods with ethnographic approach are used to understand the efforts of the community in maintaining the existence of Druwe Desa land. The results of this study indicate the potential shifting of the status of Druwe Desa land ownership that can indirectly threaten its existence. For that reason, it is necessary to strengthen the right to Druwe Desa land so that there will be no problems that can reduce the existence of asset of desa pakraman. Steps that need to be taken is the process of certification to obtain legal certainty.Keywords: Druwe Desa land, desa pakraman, Existence, Tri Hita Karana, Awig-Awig Intisari: Tanah Druwe Desa merupakan tanah adat yang pengelolaannya dilaksanakan dan menjadi milik desa pakraman. Meskipun sudah diakui secara yuridis, namun keberadaan tanah Druwe Desa di Bali mengalami kekosongan terkait subjek hukumnya. Atas dasar itulah, desa pakraman ditunjuk sebagai subjek hak berkenaan dengan tanah miliknya melalui Keputusan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 276/Kep-19.2/X/2017. Tujuan penelitian ini adalah untuk: (1) Membuat peta sebaran tanah Druwe Desa; (2) Mendeskripsikan pentingnya penguatan hak atas tanah Druwe Desa; (3) Mendeskripsikan tata cara penguatan hak atas tanah Druwe Desa; (4) Mendeskripsikan manfaat hasil penguatan hak atas tanah Druwe Desa. Untuk mencapai tujuan tersebut, digunakan metode penelitian kualitatif dengan pendekatan etnografi guna memahami upaya masyarakat dalam menjaga eksistensi tanah Druwe Desa. Hasil dari penelitian ini menunjukkan adanya potensi pergeseran status kepemilikan tanah Druwe Desa yang secara tidak langsung dapat mengancam eksistensinya. Untuk itu perlu dilakukan penguatan hak atas tanah Druwe Desa agar tidak terjadi permasalahan yang dapat mengurangi keberadaan aset desa pakraman tersebut. Langkah yang perlu diambil adalah proses pensertipikatan untuk mendapatkan kepastian hukum.Kata Kunci: Tanah Druwe Desa, desa pakraman, Eksistensi, Tri Hita Karana, Awig-Awig Pendah

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SURAT KETERANGAN TANAH: ANTARA REALITAS DAN PENGAKUAN

PROGRESIF: Jurnal Hukum ◽

10.33019/progresif.v11i1.200 ◽

2018 ◽

Vol 11 (1) ◽

Author(s):

Pusat Kajian Agraria FH UBB

Keyword(s):

Land Rights ◽

The State ◽

Land Acquisition ◽

Land Title ◽

The Status ◽

Customary Rights ◽

The Right ◽

The Village ◽

As If

The title of land rights in the form of letters made by notaries or sub-district heads with a variety of forms intended to create written evidence of lands controlled by citizens. The issuance of evidence of land acquisition there is made on the land that has not been converted or the lands controlled by the State and then the land is occupied by the community either intentionally or regulated by the Village Head and authorized by the Camat, as if the land has been Is a person's right or belongs to the category of customary rights. In its development the land title is known as Land Certificate. The subdistrict certi fi cate of the land is required as a basis for the rights to the transfer of uncertified lands which are still State lands which may be diverted or disadvantaged by or in the presence of the camat commonly referred to as a waiver of compensation. The camat's certificate of land is the base of the right to be used when it will be proposed to improve the status of the land into a certificate of land right at the local Land Office

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The Role Of Land Deed Official (PPAT) In Application Of Transfer Function On Agricultural Land To Be Non- Agricultural In Tegal (Certificate Study Of Ownership Right Number 998 / Pakembaran)

Jurnal Akta ◽

10.30659/akta.v6i2.5064 ◽

2019 ◽

Vol 6 (2) ◽

pp. 329

Author(s):

Mochammad Yefrie Dwi Oga ◽

Lathifah Hanim

Keyword(s):

Land Use ◽

Transfer Function ◽

Agricultural Land ◽

Land Use Changes ◽

Land Rights ◽

Research Data ◽

Land Conversion ◽

Legal Research ◽

The Status

The purpose of this study was to determine: 1) The role of the Land Deed Official (PPAT) in registration of rights to land conversion of agricultural to non-agricultural to residential in Tegal. 2) The procedure of registration of land rights over the function of agricultural to non-agricultural to residential in Tegal. 3) Obstacles and solutions of conversion rights over agricultural land into non-agricultural to residential in Tegal. This study uses empirical juridical approach or socio-legal research. Data collected through literature, observation and interviews. Based on data analysis concluded that: 1) The role of PPAT in enrollment over the function of rights over agricultural land into non-agricultural to residential houses which provide information on the law relating to the procedure of land conversion and registration of land rights after deters conversion and the making of letters or deeds relating for their particular legal acts such as the breakdown of plot, behind the name, as well as buying and selling land. 2) The procedure of registration of land rights over the function of agricultural to non-agricultural to residential implemented through several stages of the formation of the assessment team, the assessment of land use change object, the trial of the determination, the recommendations and the issuance of a decision on approval of land use changes. 3) Obstacles and solutions in the conversion of agricultural land rights into non-agricultural to residential namely population growth, land agricultural diminishing and changing the status of land use. The solution in the conversion of rights over agricultural land into non-agricultural to residential houses of government is more emphasis on the rules on agricultural land and non-agricultural order later on agricultural land does not decrease faster than society itself should be aware of the importance of agricultural for food security community own.Keywords: Notary / PPAT; Role; Registration; Transfer Function; Land.

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KEDUDUKAN KEPEMILIKAN HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN TANPA ADANYA PERJANJIAN PISAH HARTA

Jurnal Panorama Hukum ◽

10.21067/jph.v3i2.2828 ◽

2018 ◽

Vol 3 (2) ◽

pp. 247-263

Author(s):

Adhitya Dimas Pratama

Keyword(s):

Property Rights ◽

Land Rights ◽

Land Ownership ◽

Mixed Marriage ◽

Legal Research ◽

Mixed Marriages ◽

Community Property ◽

Separating Property ◽

The Status ◽

Legal Consequences

Intermarriage is a phenomenon that is rife with the development of increasingly rapid technology weapons. Implementation of mixed marriages must not be separated from the constraints and risks will dihadi offender Mixed Marriage itself. One of the problems that arise are related to the occurrence of the Joint Treasure especially over land rights as legal consequences arising from the holding of intermarriage intermarriage especially if implemented without prenuptial agreement. The author of this thesis wants to study and analyze more about the law as a result of intermarriage without severance agreement treasure to land ownership and settlement of land ownership issues arising from mixed marriage without separation agreement treasure. The method used is a normative legal research, namely legal research done by researching library materials or secondary law while in locating and collecting data is done by two approaches, namely legislation and conceptual approaches. The results showed that the legal consequences of intermarriage in the absence of agreement separating property to the ownership rights to the land after the enactment of Law No. 1 of 1974 About the marriage, property acquired during the marriage is community property as engaging joint property so that if it is not made an prenuptial agreement the property rights to land shall be released within a period of one (1) year or the land falls to the state. The resolution attempts to do to the problems of land ownership arising from mixed marriages without the agreement split the treasure is in the form of drafting of a treaty mate after marriage or reduction of land rights from property rights into rights of use in accordance with the provisions of that kind of tenure, which may possess by someone follow the status of their land rights subjects in accordance with the provisions of the legislation

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Improvement of Rights to Buildings Property to Be Living House at Land Office in the Pekalongan City

Jurnal Akta ◽

10.30659/akta.v6i2.5019 ◽

2019 ◽

Vol 6 (2) ◽

pp. 255

Author(s):

Karsono Karsono ◽

Achmad Sulchan

Keyword(s):

Data Analysis ◽

Secondary Data ◽

Land Rights ◽

Land Ownership ◽

Residential Land ◽

The Public ◽

Building Permit ◽

The Status ◽

The Village ◽

Method Approach

The purpose of this study was to analyze: 1) the implementation of the improvement of the status Broking become Properties for Residential Land Offices Pekalongan. 2) Barriers and solutions in the implementation of the improvement of the status Broking become Properties for residences in the Land Office Pekalongan. Method approach in this study is juridical sociological. The data used are primary and secondary data obtained through interviews and literature, while data analysis was done by descriptive analysis.Results of the research results can be concluded: 1) The increase in status Broking become Properties for Residential Land Offices Pekalongan begins from filling the application letter, attaching a land certificate, a copy of building permit, a letter from the village head, a copy of the letter Tax Payable (SPPT), copy of land and Building Tax (PBB), Examination Identity applicant agree or disagree with land ownership being requested, research documents received, the applicant made a payment, examine documents and land book certificate new, then Head of surrender documents and land books and certificates to the officers of sub. PHI to do the bookkeeping and when it is complete then the clerk handed the documents to be archived to the archive officer, and submit a certificate to the applicant. 2) The difficulties experienced that an applicant seeking to register an increase in land rights for residences often do not include the application for the building permit, the public is less aware of the procedures and conditions should be attached at the time of filing the application. The solution that the Land Office of Pekalongan socialization, it aims to provide information and understanding to the community.Keywords: Improved Status of Land; Right of Building Usage; Owner Right.

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Kepemilikan Hak Atas Tanah dalam Perkawinan Campuran

Jurnal Konstruksi Hukum ◽

10.22225/jkh.1.1.2149.157-163 ◽

2020 ◽

Vol 1 (1) ◽

pp. 157-163

Author(s):

I Gede Wardana Oka Sastra Wiguna ◽

I Nyoman Putu Budiartha ◽

I Putu Gede Seputra

Keyword(s):

Land Use ◽

Research Methods ◽

Legal Protection ◽

Land Rights ◽

Legal Research ◽

Mixed Marriages ◽

The Status ◽

The Times ◽

Ownership Of Land ◽

Land Use Rights

The study of this research is a review of the ownership of land rights for husbands / wives as a result of the existence of mixed marriages, currently mixed marriages exist in various circles of Indonesian society, the cause of this legal incident is the result of the fast and easy development of the times, and is supported by international relations that continue to increase. With the occurrence of many mixed marriages in Indonesia, legal protection in mixed marriages should be accommodated properly in the legislation in Indonesia. The purpose of this research is to understand the arrangement of ownership of land rights according to Law Number 5 of 1960 concerning agrarian principles and to know the status of ownership of land rights that can be owned in mixed marriages. Researchers use normative techniques, namely normative legal research methods or library law research methods, which are methods or methods used in legal research conducted by examining existing library materials. This research illustrates that the ownership of land rights according to Law Number 5 of 1960 concerning Basic Basic Agrarian Regulations in general, land rights can be in the form of property rights, land use rights, land use rights, and finally use rights which are between one and one rights. Other rights have different meanings in terms of limitations on legal subjects of ownership and limitations on the duration of ownership. The status of ownership of land rights that can be owned in mixed marriages is attached to people who have Indonesian citizenship and in mixed marriages the problems of ownership of the rights over can be resolved by a marriage agreement made between the parties.

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EKSISTENSI TANAH BENGKOK SETELAH BERUBAHNYA PEMERINTAH DESA MENJADI PEMERINTAH KELURAHAN (STUDI KASUS DI WILAYAH KELURAHAN KELAPA DUA DAN KELURAHAN BENCONGAN, KECAMATAN KELAPA DUA, KABUPATEN TANGERANG)

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6575 ◽

2019 ◽

Vol 2 (2) ◽

pp. 558

Author(s):

Syihabudin Sya’ban S.P. ◽

Hanafi Tanawijaya

Keyword(s):

Land Use ◽

Local Government ◽

Local Governments ◽

Autonomous Region ◽

Urban Village ◽

The Status ◽

Village Government ◽

The Village

Land the village treasury as assets of village growing based on tradition or customs living in communities. The twisted now called the village or official known as land use village, the twisted is old term born and developed in the community Java or Bengkok Village, formally known as the rights of use. Status village fights of use to the local government assets when the status of his rule chage from village into kelurahan. When turned into autonomous region district be automatically village asset to be an local governments. When village status turned info village the assets rurn into local government owned by the village and released earlier. The twisted is a village asset used to substitute salary and given as payment for village officials. After the village government to kelurahan, and so the twisted could not be us as wages. This happened in urban village Kelapa Dua and urban village Bencongan.

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KEBIJAKAN SINOPTIK PENERAPAN HUKUM ADAT DALAM PENYELENGGARAAN PEMERINTAHAN DESA

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v3i2.11096 ◽

2014 ◽

Vol 3 (2) ◽

Author(s):

Sutrisno Purwohadi Mulyono

Keyword(s):

Qualitative Research ◽

Data Analysis ◽

Development Policy ◽

Qualitative Data ◽

Customary Law ◽

Governance System ◽

Legal Research ◽

Village Government ◽

The Village

AbstractArticle 18B (2) of the Constitution 1945 normatively recognizes and respects the unities of society with customary law with its traditional rights. However, in the context of emerging empirical question which is based on a number of issues regarding the presence or absence of the role of customary law in the administration of the village administration. This article aims to identify and analyze the existence of the application of customary law through synoptic policy in the administration of the village administration as an effort to strengthen participatory democracy. Approach selected was socio-legal research with qualitative data analysis (qualitative research) that is descriptive. Techniques in collecting the data are interview, documentation and observation. The study concludes that the involvement of customary law, citizens feel partially responsible for the implementation of village governance system. But along with the development policy of national law customary law sometimes neglected. Recommendations of this study can be used as a basis for developing policies synoptic application of customary law in the administration of the village administration.Keywords: Synoptic Policy, Village Government.AbstrakPasal 18B ayat (2) UUD 1945 secara normatif mengakui dan menghormati kesatuan-kesatuan masyarakat hukum adat beserta hak-hak tradisionalnya. Namun dalam konteks empiris muncul sejumlah pertanyaan yang bersumber pada permasalahan perihal ada tidaknya peran hukum adat dalam penyelenggaraan pemerintahan desa tersebut. Artikel ini bertujuan untuk mengetahui dan menganalisis eksistensi penerapan hukum adat melalui kebijakan sinoptik dalam penyelenggaraan pemerintahan desa sebagai upaya imemperkuat demokrasi partisipatoris. Pendekatan socio-legal research dipilih dalam penelitian kebijakan hukum ini menggunakan analisis data kualitatif (qualitative research) yang bersifat deskriptif. Teknik pengumpulan data dengan metode wawancara, dokumentasi dan observasi. Hasil penelitian menyimpulkan, dengan berperannya hukum adat, warga masyarakat merasa ikut bertanggungjawab terhadap terselenggaranya sistem pemerintahan Desa. Namun seiring dengan kebijakan pembangunan hukum nasional terkadang hukum adat terabaikan. Rekomendasi penelitian ini dapat digunakan sebagai dasar membangun kebijakan sinoptik penerapan hukum adat dalam penyelenggaraan pemerintahan desa.Kata Kunci : Kebijakan Sinoptik, Pemerintahan Desa.

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Kedudukan Krama Desa yang Beralih Agama dalam Tanah Karang Desa di Desa Adat Canggu Badung

Jurnal Preferensi Hukum ◽

10.22225/jph.1.1.1985.59-67 ◽

2020 ◽

Vol 1 (1) ◽

pp. 59-67

Author(s):

I Komang Suartama Yasa

Keyword(s):

Social Problems ◽

Legal Research ◽

Land Disputes ◽

The Status ◽

Customary Land ◽

And Function ◽

The Village

The status and function of customary land causes land problems to become complex, which can be a source of legal and social problems that appear in various forms of land disputes. Likewise with respect to the village plots, it is not free from disputes. There are many factors that lead to the disputes in village yards. The objectives of this study is to examine the rights and obligations of the village manners who occupy the village reef land and to examine the position of the village manners who are no longer Hindu towards the village coral land are in accordance with the Canggu Badung Adig village awig-awig. The type of study used is empirical legal research. The results of this study is 1) the rights and obligations of the village manners who occupy the village reef land in accordance with awig- awig Adat Canggu Badung Village is to occupy the village coral land, bearing in mind the village manners who occupy the village coral land have been regulated in Awig-Awig Canggu Adat Village, Pawos 4 Paragraph (1) and is obliged to participate in retribution, carrying out village directives and paying contributions. 2) The position of the village manners who are no longer Hindu towards the village coral land is in accordance with the awig-awig of the Traditional Village of Canggu Badung every village manners who convert, then the manners are called tamiu manners. Based on this, all the assets or facilities of the customary village must be returned to the customary village, including the village coral land it occupies, as stated in the Pararem of the Canggu Customary Village, Pawos 4 Paragraph (3).

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Analisis Pelaksanaan Kebijakan Bantuan Program Keluarga Harapan

JOPPAS: Journal of Public Policy and Administration Silampari ◽

10.31539/joppa.v2i1.1898 ◽

2020 ◽

Vol 2 (1) ◽

pp. 11-17

Author(s):

Faizal Anwar ◽

Nanik Untari

Keyword(s):

Qualitative Research ◽

Policy Implementation ◽

Inhibiting Factors ◽

Family Program ◽

The Family ◽

Telecommunications Network ◽

Poverty Program ◽

Program Policy ◽

Village Government ◽

The Village

ABSTRACT The purpose of this study was to determine the implementation of the Family Hope Program Assistance Policy and to want to know what factors hindered the implementation of the Family Hope Program (PKH) in Mesigit Village. The method in this research uses qualitative research. The results showed that the implementation of the Family Hope Program policy has gone well, but that has become an obstacle in the implementation of the Hope Family Program coordinating PKH facilitators to the village government. The conclusion of this research is that the implementation of the Family Hope Program (PKH) has been going well because it has four indicators of policy implementation such as: communication, resources, disposition and bureaucratic structure. While the inhibiting factors are the awareness and interest of the community about PKH, telecommunications network facilities and the absence of meeting activities, there is no coordination from PKH facilitators. Keywords: Policy, Poverty, Program.

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