ANALISIS YURIDIS KEDUDUKAN HUKUM ADAT DAN PERANAN NOTARIS-PPAT DALAM PROSES PENDAFTARAN TANAH MENURUT UNDANG-UNDANG POKOK AGRARIA DI KOTA SORONG PAPUA BARAT

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 297
Author(s):  
Dwi Pratiwi Markus ◽  
Amin Purnawan
Keyword(s):  
Daily Life ◽  
Empirical Approach ◽  
Customary Law ◽  
Land Registration ◽  
West Papua ◽  
Agrarian Law ◽  
Papua Barat ◽  
Customary Land ◽  
Year 2013

This research aims (1) To know and analyze how the process of registration of customary land (2) To know and analyze the position of customary law and the role of Notary-PPAT in the process of land registration in Sorong City West Papua reviewed: According to the Principal Agrarian Law. This research uses a juridical-empirical approach. Yudiris is used to analyze rules relating to customary law and land, while empirical is used to analyze laws based on the behavior of people who always interact in daily life. The result of this research are (1) Government of Indonesia recognition of the existence of land and customary law is set forth in UUPA and PP. 24 of 1997 on Land Registration, so that in the process of registration of customary land in Sorong city is not much different from the registration of land in general. Only the registration of customary land in Sorong must be proven by several conditions that specify in local customary law and has been arranged also in the PP. No. 24 of 1997 (2) UUPA itself is a national agrarian law whose presence is based on indigenous laws of Indonesia known as customary law, so to conduct registration of land in Sorong City must use letters of customary release from the local customary chief, in this process the role of Notary-PPAT is needed in making the declaration of customary release and the role of PPAT in helping people who do not understand the rules of local custom in the process of registration of customary land as long as it does not violate the rules related to PPAT authority set by PerKaBPN No. 8 Year 2013.Keywords: Land, Customary Law, Notary-PPAT

scholarly journals Permohonan Tanah Ulayat di Minangkabau Menjadi Tanah Hak Milik

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 392
Author(s):  
Siti Raga Fatmi
Keyword(s):  
Property Rights ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Recognition ◽  
Land Registration ◽  
Communal Land ◽  
Agrarian Law ◽  
Customary Land

Communal land is an asset owned by customary law communities and jointly managed by members of customary law communities. Customary land in Minangkabau has been recognized in Indonesian law as mentioned in Article 3 of the Basic Agrarian Law Number 5 of 1960 (BAL) as long as it still exists and corresponding to the development. In fact, although a communal land in Minangkabau is administered collectively, the later development shows that such a communal land has been converted to the proprietary right by customary law communities due to the demand for legal recognition. BAL states that property rights are hereditary, strongest, and fulfilled rights owned by a person on a piece of land. Since there are no regulations governing the transfer of communal land to land ownership, the customary elders and regional apparatus make procedures for the transfer of communal land with certain conditions so that not everyone can submit an application for ownership of customary land into land owned. Keywords: Customary Land, Proprietary Rights, Land Registration

scholarly journals Strategi Kodim 1703/Manokwari Dalam Penanganan Konflik Sosial di Provinsi Papua Barat

2021 ◽  
Vol 2 (1) ◽  
pp. 149-158
Author(s):  
Uchaimid Biridlo'i Robby ◽  
Dedi Akhiruddin
Keyword(s):  
Qualitative Method ◽  
Social Conflict ◽  
Social Conflicts ◽  
Conflict Situations ◽  
West Papua ◽  
Conflict Handling ◽  
The Republic ◽  
Papua Barat ◽  
The Masses

The level of pluralism of the Indonesian nation, which has a variety of religions, cultures, languages ​​and ethnicities, makes the Unitary State of the Republic of Indonesia a heterogeneous country, so it is common for friction to occur and cause social conflict by directing the masses to act irrationally. Conflict situations tend to be easily exploited by those who try to take advantage of them. Conflict parties have different understandings about the problems at hand. From this explanation explicitly, the importance of the involvement of Kodim 1703 / Manokwari of West Papua Province in dealing with social conflicts cannot only be borne by the handling of conflicts that have occurred but is an initial form of a persuasive approach to all elements of society. needed. This study aims to identify and analyze the strategy of Kodim 1703 / Manokwari of West Papua Province in handling social conflicts based on Law of the Republic of Indonesia Number 7 of 2012 in handling social conflicts in Indonesia, especially West Papua Province. The method used by the writer is descriptive qualitative method. The data obtained came from interviews with informants who were directly involved in the field during the handling of social conflicts in Manokwari. Based on the research results, it can be concluded as follows: (1) The role of Kodim 1703 / Manokwari in handling social conflicts in Manokwari City is limited by Law Number 7 of 2012 concerning Social Conflict Handling so that it is not optimal by involving all levels of society so that no one feels left out or ignored.   Keywords: Management Strategic and Social Conflict

scholarly journals Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola
Keyword(s):  
Government Regulation ◽  
Land Ownership ◽  
Land Law ◽  
Role Of Government ◽  
Land Registration ◽  
Land Administration ◽  
Develop Land ◽  
Customary Land ◽  
Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

Gender dan Ekonomi di Papua Barat

2021 ◽  
Vol 13 (1) ◽  
pp. 69-82
Author(s):  
Evie Syalviana ◽  
Syahrul Syahrul
Keyword(s):  
Qualitative Approach ◽  
Dual Role ◽  
Family Economy ◽  
The Family ◽  
West Papua ◽  
Papua Barat

The role of Kokoda's woman in West Papua is very significant for helping the family economy. This paper attempts to explain and understand the role of Kokoda women in helping the needs of their families in Sorong City, West Papua. Using a qualitative approach, the writer tries to find data and facts in the field through observation and interview. So, the problems discussed in this paper are in accordance with the expected targets. The author found that Kokoda womens are one of Indonesian women as hard worker. They able to take on a dual role as wives and work outside the home, to help their husbands to fulfill their daily needs

scholarly journals IMPLIKASI ASAS RETROAKTIF TERHADAP KEABSAHAN AKTA NOTARIS/PPAT DALAM PEMBERIAN HAK GUNA BANGUNAN BAGI PERSEROAN TERBATAS

2017 ◽  
Vol 6 (1) ◽  
pp. 89
Author(s):  
Made Gelgel
Keyword(s):  
Limited Liability ◽  
Land Rights ◽  
Land Registration ◽  
Legal Norms ◽  
Delegation Of Authority ◽  
Legal Principle ◽  
Agrarian Law ◽  
The Government ◽  
The Concept Of Law ◽  
Year 2013

Further and deeper research into the validity of the Retroactive Principle is required in order to provide assertiveness about the arrangement of Retroactive Principles in the field of agreement law in the Indonesian legal system, especially the Building Rights Agreement in Agrarian Law and the existence of obscure legal norms in the case of the legal Notary / PPAT to the granting right of building use for a period of validity is reviewed according to the provisions of Article 28 of Regulation of Head of National Land Agency Number 2 Year 2013 concerning the Delegation of Authority of Land Rights and Land Registration Activity and by using case approach of PT. Pan Pacific Nirwana Resort. This research is a normative legal research that is derived from the existence of obscurity of legal principle and legal norm contained in the provisions of Law Number 5 Year 1960 on Basic Agrarian Law Basic (UUPA) in the provisions of Article 30 and Article 28 Regulation of Head of National Land Agency No. 2 of 2013 on the Delegation of Authority of Land Rights and Land Registration Activities. The conclusion of this research in Agrarian Law there is legal uncertainty in the concept of law building rights agreement with a period of time that is still running and the future is approved by a new regulation by the government which caused the previous agreement to occur normatively contradictory whether using retroactive or non-retroactive principle and the validity of deed Notary / PPAT in the granting of right to building to limited liability company which is still valid time is reviewed according to UUPA, Article 28 Regulation of Head of National Land Agency Number 2 Year 2013 regarding Delegation of Authority of Land Rights and Land Registration Activity and Article 1320 Privat Law and by using approach case PT. Pan Pacific Nirwana Resort is not valid. Penelitian lebih lanjut dan mendalam terhadap keberlakuan Asas Retroaktif diperlukan dalam rangka memberikan ketegasan  tentang pengaturan Asas Retroaktif [1] di bidang hukum perjanjian dalam sistem hukum Indonesia khususnya perjanjian Hak Guna Bangunan dalam Hukum Agraria serta masih adanya kekaburan norma hukum dalam hal keabsahan akte Notaris/PPAT terhadap Perseroan Terbatas dalam  pemberian Hak Guna Bangunan yang jangka waktunya masih berlaku dikaji menurut ketentuan Pasal 28 Peraturan Kepala Badan Pertanahan Nasional Nomor 2 Tahun 2013 tentang Pelimpahan Kewenangan Pemberian Hak Atas Tanah Dan Kegiatan Pendaftaran Tanah serta dengan menggunakan pendekatan kasus PT. Pan Pasific Nirwana Resort. Penelitian ini merupakan penelitian hukum normatif yakni beranjak dari adanya kekaburan asas hukum dan norma hukum yang terdapat di dalam ketentuan Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria (UUPA) dalam ketentuan Pasal 30 dan Pasal 28 Peraturan Kepala Badan Pertanahan Nasional No. 2 Tahun 2013 tentang Pelimpahan Kewenangan Pemberian Hak Atas Tanah Dan Kegiatan Pendaftaran Tanah. Kesimpulan dari penelitian ini dalam Hukum Agraria terdapat ketidakpastian hukum dalam konsep hukum perjanjian Hak Guna Bangunan dengan jangka waktu yang masih berjalan dan ke depannya di sahkan suatu peraturan baru oleh pemerintah yang menyebabkan perjanjian sebelumnya terjadi pertentangan secara normatif apakah menggunakan asas retroaktif atau non retroaktif dan keabsahan Akta Notaris/PPAT dalam Pemberian Hak Guna Bangunan terhadap Perseroan Terbatas yang jangka waktunya masih berlaku dikaji menurut UUPA, Pasal 28 Peraturan Kepala Badan Pertanahan Nasional Nomor 2 Tahun 2013 tentang Pelimpahan Kewenangan Pemberian Hak Atas Tanah Dan Kegiatan Pendaftaran Tanah jo Pasal 1320 KUH Perdata serta dengan menggunakan pendekatan kasus PT. Pan Pasific Nirwana Resort adalah tidak sah.

scholarly journals Sasi Sebagai Kearifan Lokal dalam Mencegah Menularnya Covid-19 Di Provinsi Maluku

2021 ◽  
Vol 1 (1) ◽  
pp. 30
Author(s):  
La Ode Angga
Keyword(s):  
Qualitative Analysis ◽  
Natural Resources ◽  
Natural Resource ◽  
Descriptive Study ◽  
Empirical Approach ◽  
Customary Law ◽  
Traditional Leaders

Introduction: Sasi means the prohibition of taking natural resources on land or at sea, which is based on several important and basic arguments. The principle on which the Sasi law is based is actually the principle of sustainable natural resource management.Purposes of the Research: Know and analyze the role of sasi law as local wisdom in preventing the spread of Covid 19 in the Maluku Province. the formulation of Sasi's law in expanding its meaning and scope of implementation, so that the place is applied in preventing the spread of Covid 19 in Maluku Province.Methods of the Research: This research was conducted using a juridical empirical approach which is a descriptive study of qualitative analysis. The research seeks to describe the Role of Sasi Law as Local Wisdom in Preventing the Transmission of Covid 19 in Maluku Provision.Results of the Research: The Sasi Law which is owned by the Indigenous Maluku people, especially Southeast Maluku, of course the Sasi Law (Adat Hawear) in Southeast Maluku Regency can be applied in the prevention of Covid 19 in Southeast Maluku Regency by holding customary deliberations (which is followed by Adat leaders (adat leaders) The customary leaders (traditional leaders) held deliberations and formulated customary law norms as to what would be applied to preventing pollution from spreading Covid 19.

scholarly journals Peran Badan Permusyawaratan Kampung dalam Pembangunan Kampung Berbasis Lingkungan Hidup (Studi Kasus BPK Kampung Yewena, Distrik Depapre, Kabupaten Jayapura)

2019 ◽  
Vol 2 (1) ◽  
pp. 1-8
Author(s):  
Christine Maya
Keyword(s):  
Natural Disasters ◽  
Social System ◽  
Its Region ◽  
Development Planning ◽  
Customary Law ◽  
Village Government ◽  
Customary Land ◽  
Consultative Body ◽  
The Village

AbstractFrom many disasters that occurred in Indonesia, natural disasters are the most frequent disasters in the 2014-2018 time span. Natural damage is suspected as one of the factors that caused various natural disasters in Indonesia. Starting from climate change to the conversion of land from forests to commercial land. This research was conducted to see the role of the Yewena Village Consultative Body in protecting the environment in its region towards the needs of village development. Role is a conception used to understand the dynamics of the integration of individuals with a social system that refers to a set of rights and obligations that are normative, which is built by the prevailing social system. This research found that BPK members of Yewena Village, combined their role as BPK (exploring community aspirations for village development planning) with their role as adat leaders from the Tepra Tribe (protecting customary land and managing the natural wealth that exists in their territory according to applicable customary law). When the proposed development threatens one of the customary functions of the land, the BPK and the Village Government seek a middle ground so that development and protection of customary lands do not hurt each other. The study used a qualitative approach in the form of case studies using in-depth interviews, observation and literature studies in data collection techniques.   Dari banyaknya kejadian bencana yang terjadi di Indonesia, bencana alam merupakan kejadian bencana yang paling banyak terjadi dalam rentang waktu 2014-2018. Kerusakan alam ditengarai sebagai salah satu faktor yang menyebabkan terjadinya berbagai kejadian bencana alam di Indonesia. Mulai dari perubahan iklim hingga alih fungsi lahan dari hutan menjadi lahan komersil. Penelitian ini dilakukan untuk melihat peran Badan Permusyawaratan Kampung Yewena dalam menjaga kelestarian lingkungan di wilayahnya terhadap kebutuhan pembangunan kampung. Peran merupakan suatu konsepsi yang digunakan untuk memahami dinamika terpadunya individu dengan suatu sistem sosial yang mengacu pada serangkaian hak dan kewajiban yang bersifat normatif, yang dibangun oleh sistem kemasyarakatan yang berlaku. Penelitian ini menemukan bahwa anggota BPK Kampung Yewena, memadukan perannya sebagai BPK (menggali aspirasi masyarakat untuk perencanaan pembangunan kampung) dengan perannya sebagai tokoh adat dari Suku Tepra (melindungi tanah adat dan mengelola kekayaan alam yang ada dalam wilayahnya menurut hukum adat yang berlaku). Ketika usulan pembangunan mengancam salah satu fungsi tanah secara adat, maka BPK bersama Pemerintah Desa mencari jalan tengahnya agar pembangunan dan perlindungan terhadap tanah adat tidak saling merugikan. Penelitian menggunakan pendekatan kualitatif berupa studi kasus dengan menggunakan wawancara mendalam, observasi dan studi literatur dalam teknik pengumpulan data.

scholarly journals The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 585
Author(s):  
A. Yoma Amanda Putri ◽  
Djauhari Djauhari
Keyword(s):  
Social Justice ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
The Social ◽  
West Sumatra ◽  
Customary Rights ◽  
The Creation ◽  
Customary Land ◽  
The Right

Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.

The Law and Land Grabbing: Friend or Foe?

2014 ◽  
Vol 7 (2) ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Large Scale ◽  
Land Rights ◽  
Customary Law ◽  
Sub Saharan Africa ◽  
Land Acquisitions ◽  
Customary Rights ◽  
Sub Saharan ◽  
Large Scale Land ◽  
Customary Land

AbstractThis paper reflects upon the role of law in the contemporary surge in global large-scale land acquisitions. Its point of reference is the land security of several billion rural poor who traditionally own and use untitled lands that are classified as state lands or unowned public lands in national laws. Most of the affected lands are off-farm areas including forests, marshlands, and rangelands. Investors target these lands in belief they are unowned. Governments concur, selling or leasing these lands on grounds of being technically the lawful owner and despite awareness that these lands are occupied and used. Despite the longstanding nature of such conflicts as well known and long debated, the present land rush brings unresolved contradictions between statutory and customary law and associated meanings of property firmly to the fore. Using Sub-Saharan Africa as the example, this paper examines the legal effects. It is shown that while millions of local land rights are threatened, the land rush also vitalises demands for improved national law status for unregistered customary rights, including those such as forest and rangelands purposely held by communities in common. To this extent, the contemporary rush could prove as much legal friend as foe to majority land rights in agrarian economies. This is partly because the current rush, unlike those that have gone before it, occurs in an environment of advanced popular communication, emergent mass empowerment, and has the advantage of a pre-rush era of legal improvement in the handling of indigenous and customary land rights that has established alternative precedents. Opportunities to coerce modification of classical dispossessory paths of economic growth strongly exist. Global advocacy for secure community land rights is rapidly advancing.

scholarly journals Revitalization Model The Role of Tigo Tungku Sajarangan in Fostering Character of Children in Minangkabau Family and Its Socialization Through Website

2018 ◽  
Vol 7 (2.5) ◽  
pp. 53 ◽  
Author(s):  
Roswita Sitompul ◽  
A Alesyanti ◽  
H Hartono ◽  
Ansari Saleh Ahmar
Keyword(s):  
Cultural Values ◽  
Daily Life ◽  
Selection Process ◽  
Customary Law ◽  
Behavior Changes ◽  
Model Design ◽  
Foreign Culture ◽  
The Social ◽  
The Family

Globalization is not a process of depriving identity, but a process for maintaining the identity of a nation. Maintenance does not mean to close themselves from the influence of foreign culture. The values contained within a culture must have the ability to adapt and adapt to other cultures through a selection process. Considering the social phenomenon that is happening in the daily life of Minangkabau society, implied the roots of cultural values, especially the value of characters, began to erode in the education of children in the family. The value of the character is almost no longer reflected in the daily life of Minangkabau youth. In fact there is an extreme statement that is often expressed by adat leaders, that at the level of the concept of Minangkabau human still densely, but not in line with the level of behavior. Changes in behavior of the younger generation seems to have tercerabut from the roots of culture.Starting from the above phenomenon, the researcher wanted to re-question the tasks and functions of the tuahku sajar tungku, which had been instrumental in providing character values for the children and nephew in Minangkabau, but slowly the task began to shift and rely on the parents alone. The question that arises here is why customary law no longer raises the responsibility of planting the value of character to the tuah kuung sangan, what factors lead to waning the spirit of character values in the education of children in the family, and how the model design that can be used as a reference for the effort to re-revitalize the role of tigo stoves in helping parents in instilling character values on Minangkabau family. This model is expected to be known to many people through socialization by using the website.  

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