scholarly journals Legal Protection of Holders of Land Loss Data In The City Land Office of Kendari

Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 159
Author(s):  
Bahrul Alam ◽  
Akhmad Khisni

The purpose of this study as follows: 1) To identify and explain the legal protection of land rights holders as a result of the loss of data in the land office Kendari. 2) To identify and explain the impact of the destruction of land records of the rights on public land in Kendari. 3) To identify and explain the legal aspects of the legal protection of land rights data recovery results.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview BPN in Kendari.Secondary data were obtained from literature studies. Based on the results of research that legal protection to the right holder on the ground due to the loss of data in the land office are: 1) BPN only provide legal protection to the certificate of land rights have been restored archives; 2) The purpose of data recovery is providing legal protection for the land rights archives destroyed. BPN perform data recovery and ratify certificates and land books and letters Perkaban the measure under Article 18, Act No. 6 of 2010. The destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights. The impact of the destruction of land records of the rights on public land in Kendari are: 1) the destruction of land records can weaken the strength of the evidence as a certificate as evidence of land rights; 2) the impact of the destruction of land records lead to certificates of land rights before the restored data can not be used as evidence to take legal actions; 3) loss or destruction of land records will not necessarily be able to eliminate / abolish the rights to the land concerned. Legal aspects of the legal protection of land rights data recovery results are 1) a substantial aspect, 2) structural aspects, 3) cultural aspects.Keywords : Legal Protection; Rights to Land; Land.

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.


2020 ◽  
Vol 3 (1) ◽  
pp. 87
Author(s):  
Didi Wahyudi Sunansyah ◽  
Aryani Witasari

The formulation in this study were 1) How allotment setting penalty in child protection legislation in order to protect the child as a victim? 2) How is the effectiveness of the penalty in the Child Protection Act?Method sociological approach juridical law and specification in this study were included descriptive analysis. Even sources and types of data in this study are primary data obtained from interviews with field studies Supervising Officers Society Child (PK Child) of the Penal Hall Cirebon and Head of Correctional Cirebon, And secondary data obtained from the study of literature. Data were analyzed qualitatively. The problems studied by the theory of progressive legal protection and law.Based on the results of this study concluded under Appropriation settings Criminal Penalty In Child Protection Act is not describe protect children as victims, because the penalty to be paid by the convict is intended for countries not intended for children who are victims of crime. Appropriation effectiveness Criminal Judge Penalty That Dropped In Case of Children in the Context of the Protection of Children As Victims are Criminal penalties in the Law on Child Protection was not effective in reality, as more convicts chose imprisonment in lieu of penalty are not paid, compared to paying the penalty, it has implications for the expenditure of state finances are more likely to pay for convicts in prisons and to make prisons more crowded or over capacity.Keywords: Effectiveness; Penalty; Justice; Protection; Child.


Jurnal Akta ◽  
2020 ◽  
Vol 7 (2) ◽  
pp. 201
Author(s):  
Steffi Yesyer Palloan ◽  
Akhmad Khisni

The purpose of this study as follows 1) To identify and explain the legal effect on the transition of land right under the deed of hand as evidence. 2) To identify and explain the weaknesses of the transitional land right under the deed of hand. 3) To identify and explain the transfer of land rights solutions with deed under the hand. The method used by researchers is approach to law juridical sociological and specification in this study were included descriptive analysis. The sources and types of data in this study are primary data obtained from field studies with interviews with the Notary in Kendari. And secondary data obtained from the study of literature. Based on the results of research The absence of legal certainty for those who receive the new rights over the land in question, as for a way to resolve that can be achieved is by registering the transfer of land rights to the Land Office. Many people who do not register the transfer of rights or title transfer to the Land Office is the lack of information about the process of the registration of the land, there are many people who make the switch right to the land under the hand not in front of PPAT, economic factors, the cost of registration of transfer of rights is fairly high and not transparent and there are still many who do not own land Earth Building Tax. Direct settlement by parties with deliberation. Through arbitration and alternative dispute resolution. Judicial dispute resolutionKeywords: Transfer of Rights to Land; Under Hands Deed; Evidence.


Author(s):  
Andika Putra ◽  
Ismansyah Ismansyah ◽  
Yulfasni Yulfasni

Land is a very important means to carry out development, and the problem of land acquisition for these needs is not easy to solve because with the increasing development of land demand is also increasing while the land supply is very limited. Regarding the existence and function of land, there is a legal relationship between humans with land, including the act of transferring rights and release of land rights, in order to provide legal certainty for the act referred to, it is necessary to set forth in the form of a deed made before a Notary or before the District Head or before the Head of the National Land Agency. But today, the public is more entrusted to make this SPPHT before a Notary Public in order to ensure legal certainty, and also the Land Agency has suggested making a transitional deed through a Notary Deed to be more efficient. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the process of releasing land rights for development through a notarial deed in the city of Padang. The results showed that  1) the release of rights before the Notary Public through the Signing of the Deed of Relinquishment of Land Rights which first checked all the requirements by the Notary, then the deed is perfectly signed into an authentic deed and guarantees legal certainty. 2) The process of land registration is based on the deed of release of rights made by a Notary in the City of Padang by submitting an application along with the Deed of Relinquishment of Land Rights and other requirements, then reviewing the field and issuing maps by the Land Agency.


2020 ◽  
Vol 3 (1) ◽  
pp. 15
Author(s):  
Endang Kusnandar ◽  
Anis Mashdurohatun ◽  
Siti Rodhiyah Dwi Istinah

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.


Author(s):  
Anggit Rahmat Fauzi ◽  
Ansari Ansari

The utilization of e-commerce media in the trading world brings impact to the international community in general and the people of Indonesia in particular. For Indonesian people, This is related to a very important legal problem. The importance of law in the field of e-commerce is mainly in protecting the parties who transact through the Internet. The purpose of this study is to know the legal review of the buying and selling agreements through electronic media as well as to know the legal protections for sellers and buyers if one of the parties commits a default. The research uses a normative juridical method of approach and the discussion is done in a descriptive analysis. The source and type of data used are primary data and secondary data. While the data collection techniques using literature studies, and the data obtained will be analyzed qualitatively. The agreement to buy and sell through electronic media is a new phenomenon that has been implemented in various countries and regulated in the Civil state nor law ITE. Legal protection for the parties in the sale and purchase agreements through electronic media is governed by the consumer protection ACT. Any breach must respond to any loss arising from his or her actions.


Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False


Society ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 187-204
Author(s):  
Andy Alfatih ◽  
Diana Dewi Sartika ◽  
Dyah Hapsari Eko Nueraheni

One of the efforts to obtain and increase village revenue was by running a business through a village-owned enterprise (VOEs). A policy was needed for utilizing village resources in establishing a village-owned enterprise. The Musi Rawas Regency Government had made a policy, namely Musi Rawas Regency Regional Regulation Number 10 of 2013, concerning Guidelines for the Establishment and Management of Village-Owned Enterprises (VOEs). Villages of Musi Rawas Regency had implemented this regulation. This research aimed to evaluate the implementation of this regional regulation. This research method is descriptive quantitative comprises a sample survey and descriptive analysis indicators resulting from the sample survey. The population of this research was 174 Village-Owned Enterprises (VOEs/BUMDes) in Musi Rawas Regency. At the same time, the sample was 64 VOEs which was taken by referring to the Slovin formula. There were primary data and secondary ones. Primary data came mainly from the questionnaire and field observation. Meanwhile, secondary data were sourced from documents, such as archives and reports. Data were analyzed by descriptive technique. The descriptive technique was done by displaying data, assessing them, delivering argument, quoting theory for justification and confirmation, and concluding. Implementing the Regional Regulation concerning Guidelines for the Establishment and Management of Village-Owned Enterprises (VOEs) was successful. This could be seen from several indicators, refers to Ripley & Franklin (1986), namely: 1) There existed compliance of policy implementers towards the content of the regional regulation. The degree of compliance was high and was in a good category. 2) The establishment and management of VOEs (the smoothness of routine functions) were also high and classified as good, and 3) The performance of the management of VOEs was also good. The impact of policy implementation (regional regulation of Musi Rawas Regency) was positive (good).


2018 ◽  
Vol 7 (3.21) ◽  
pp. 243
Author(s):  
Dorris Yadewani ◽  
Syafrani .

Street vendors is a phenomenon in almost all regions in Indonesia, which is always a positive and negative impact on the region where the street vendor activity. The positive is the economy in a sustainable life in areas where street vendor activities, while the negative effects are disturbed some public access as a result of the existence of such street vendor, such as public roads are always jammed, the sidewalk is not functioning, trash increases or the environment increasingly neglected, area aesthetics will show discomfort. For the more crowded street vendor activities will have an impact upon the producer. However street vendor unaware that what was done to give effect to society because of disruption of public facilities. It is very necessary of information for the  street vendor’s understanding and perception to the impact caused by their presence in an area. The research was conducted by qualitative method with type research field investigations and descriptive analysis of the street vendor, managers, buyers and decision makers who do trading activities in S. Parman Street, UlakKarang Padang.  Samples as research subjects were the street vendors as much as 5 people, managers, local government, the buyer and road users. The data used are primary data and secondary data. Data Collection Techniques conducted by observation, interview, and documentation while data analysis is conducted qualitatively by a descriptive approach. The findings and the results are show that the information obtained is correct in running its activities to seek fortune already utilizing public access such as sidewalk and road. Contributions to the street vendors are expected to have awareness in running its activities mainly on the utilization of public access and if you want to keep running its activities must be willing to abide by all the regulations set forth by the government, because it became a street vendor answers to some of the problems faced by street vendors as well as for the government attempted to manage and regulate the existence of street vendors to be in line with policies that have been set by the government for street vendors somehow able to overcome the problem of the existence of the public economy. 


Author(s):  
Fauziah Nasution

<p><strong><em>Introduction:</em></strong> <em>The picture message policy on cigarette packets is regulated in Permenkes No. 28 of 2013 concerning the Inclusion of Warnings and Health Information on Tobacco Product Packaging. The purpose of the inclusion of pictorial health warnings (PKB) on cigarette packs is to prevent adolescents from smoking. By looking at the frightening picture on PKB, it hoped that young smokers would be motivated to quit smoking</em><em>. <strong>Method</strong>: This study used a quantitative research approach with a cross-sectional design (cross-sectional) using primary data, this research conducted in Medan City. During January - June 2019. The population in this study were adolescents aged 18-23 years. The sample of this study was 215 teenagers. Data analysis used cross-tabulation descriptive analysis than presented in the form of a frequency distribution table using SPSS 22. <strong>Results</strong>: The results of this study indicate that the majority of respondents have smoking behaviour in the 19-20 year age group. The majority of respondents stated that they smoke 1-5 cigarettes a day. Teens who stated that they were not afraid of the impact of picture messages on cigarette packs had a 3,939 times risk of smoking compared to adolescents who expressed fear of the impact of picture messages on cigarette packs <strong>Conclusion</strong>: It hoped that the government could expand the picture message on cigarette packets to increase the desire to quit smoking and reduce the number of smokers in Indonesia. The image message on cigarette packs must be enlarged in order to reduce smoking behaviour in adolescents.</em></p>


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