Implementasi Hak Servituut pada Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Kabupaten Bekasi

The Ministry of ATR/BPN organizes land registration innovations based on the national strategic program, namely PTSL. The implementation of PTSL aims at accelerating land registration in a fair and equitable manner, including anticipating disputes in the field of utilization and spatial planning. One important issue is the dispute over road access. The Land Office of Bekasi Regency applies a policy of implementing servituut rights in land registration activities as an anticipation of disputes related to road access. This research was conducted to understand the implementation of servituut rights as the actualization of the social function of land in the PTSL program at the Bekasi Regency Land Office. This study uses empirical legal research methods. The results of the research show that the implementation of the servituut rights policy is motivated by the dualism of road status, the existence of regional development and land acquisition, and the relatively high land value. The implementation of the policy has undergone a change in meaning, from restrictions on land use to the obligation to surrender some land rights. For PTSL participants who agree to give up part of their rights for roads, the administration of the transfer of rights is carried out in a Declaration Letter on Land Boundaries and Land Areas. For those who disagree, the plot of land is included in the K3 category and a land register is made.

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Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem

Jurnal Preferensi Hukum ◽

10.22225/jph.2.3.4036.651-657 ◽

2021 ◽

Vol 2 (3) ◽

pp. 651-657

Author(s):

Nyoman Handytya Wiarsa Putra ◽

Anak Agung Sagung Laksmi Dewi ◽

Luh Putu Suryani

Keyword(s):

Spatial Planning ◽

Land Rights ◽

Legal Certainty ◽

Legal Research ◽

Land Registration ◽

The Republic ◽

The Government ◽

Ownership Of Land ◽

The Village

Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.

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Analisis Prosedur Administrasi Peralihan Hak Atas Tanah Hibah pada Kementerian Agraria dan Tata Ruang / Badan Pertanahan Nasional Kabupaten Bungo Provinsi Jambi

Dialektika Publik Jurnal Administrasi Negara Universitas Putera Batam ◽

10.33884/dialektikapublik.v5i1.2418 ◽

2020 ◽

Vol 5 (1) ◽

pp. 50-59

Author(s):

Mardansyah -

Keyword(s):

Spatial Planning ◽

Land Rights ◽

Qualitative Approach ◽

Survey Method ◽

Legal Certainty ◽

Land Grants ◽

Employee Discipline ◽

Research Show ◽

Descriptive Qualitative

This research was conducted due to several problems including: the absence of efforts to transfer land rights according to clear procedures and conditions, the absence of legal certainty and protection for holders of land rights grants. This research was conducted on 20 people involved in the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Bungo Regency of Bungo Regency using a survey method with a descriptive qualitative approach. The results of the research show the procedures for administering the transfer of rights to land grants at the Ministry of Agrarian Affairs and Spatial Planning. Procedures for administering the transfer of land rights to the grant, for land that has been certified by the grantee and the grantee before the official land deed maker (PPAT) to sign the grant deed. In the process of making a grant deed, the grant giver must complete land data and data on the grantee and recipient of the grant. Obstacles to the Office of the Ministry of Agrarian Affairs in the Transfer of Rights to Land Grants is the high number of people who do not understand about the transfer of rights to land grants, underutilized office facilities and infrastructure, lack of employee discipline.

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Refleksi Paradigma Ilmu Pengetahuan Bagi Pembangunan Hukum Pengadaan Tanah

BESTUUR ◽

10.20961/bestuur.v7i1.42694 ◽

2020 ◽

Vol 7 (1) ◽

pp. 1

Author(s):

Lego Karjoko ◽

Zaidah Nur Rosidah ◽

I Gusti Ayu Ketut Rahmi Handayani

Keyword(s):

Legal Theory ◽

Land Rights ◽

Research Problem ◽

Land Acquisition ◽

Major Premise ◽

International Treaties ◽

Legal Research ◽

Develop Land ◽

A Minor ◽

Capitalist Ideology

The purpose of this study is to explain the influence of the positivism paradigm in making land acquisition law and its application which is oriented towards formalism in Indonesia. This type of research is normative and prescriptive legal research, a paradigm that should be used to develop land acquisition law that can realize respect for land rights. To answer the research problem a concept approach is used with the analysis of the syllogism of deduction and interpretation. The paradigm of science as its major premise, while the regulation and application of land acquisition for public use as a minor premise. The results of this study are the positivism paradigm imbued with capitalism causing compensatory injustice and formal injustice in land acquisition for public use. Globalization, through international treaties, causes the importation of the laws of donor countries, which have a capitalist ideology to the Indonesian legal system, which has a family ideology. This harmonization problem if not resolved properly can cause injustice. To realize convergence, it is necessary to consider the use of realistic socio legal theory in land acquisition legal research. Keywords: Positivism, Realistic Legal Socio, Land Acquisition, Justice.

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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)

Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah ◽

10.30651/justeko.v5i1.8767 ◽

2021 ◽

Vol 5 (1) ◽

Author(s):

Ario Patra Nugraha ◽

Chamim Tohari

Keyword(s):

Qualitative Research ◽

Land Use ◽

Land Rights ◽

Land Ownership ◽

Legal Research ◽

The Status ◽

Customary Rights ◽

Village Government ◽

The Village

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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Keabsahan Surat Keputusan Pemberian Hak Atas Tanah Tanpa Disertai Surat Setoran Pajak

Amsir Law Journal ◽

10.36746/alj.v2i2.35 ◽

2021 ◽

Vol 2 (2) ◽

pp. 38-49

Author(s):

David Mars Tornado ◽

Marwati Riza ◽

Sri Susyanti Nur

Keyword(s):

Income Tax ◽

Government Regulation ◽

Land Rights ◽

Legal Certainty ◽

Legal Research ◽

Legal Implications ◽

The Republic ◽

Legal Subjects ◽

Research Show

The granting of land rights is one way for legal subjects to be able to obtain a right to land in Indonesia. This study aims to determine the legal implications of the Decree on Granting Land Rights issued by the National Land Agency without implementing Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 concerning Income Tax. This research is empirical legal research. The results of the research show that the Decree on the Granting of Rights to Land is still valid without implying that it is null and void, while Article 7 of the Republic of Indonesia Government Regulation Number 34 of 2016 is not in line with the principles in the theory of legal certainty and is not effective in its application or enforcement.

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Government Policy to Accelerating Legal Certainty of Land Through Complete Systematic Land Registration (PTSL) (Studies in Kendal District Land Office)

Jurnal Daulat Hukum ◽

10.30659/jdh.v2i1.4152 ◽

2019 ◽

Vol 2 (1) ◽

pp. 31

Author(s):

Siti Sulistiyah ◽

Umar Ma�ruf

Keyword(s):

Government Policy ◽

Legal Protection ◽

Land Rights ◽

Legal Certainty ◽

Legal Research ◽

Registration System ◽

Land Registration

Problems in this study: (1) How is the implementation of activities in the District Land Office PTSL Kendal? (2) How the Government's policy to accelerate the legal certainty Landrights through PTSL ?. The method used in this research is the method of approach to socio-legal research, consisting of socio research and legal research. The results of this study are: (1) Implementation PTSL in Kendal District Land Office begins by planning activities PTSL by the Head of the Kendal District Land Office with pre inventory candidate and potential participants. (2) Government policy in speeding up the legal certainty of land rights through PTSL is based in Kendal land that already has a certificate covering an area of 13834.46 hectares.Suggestions in this study is consistent with the objectives of land registration is to provide certainty and legal protection to the rights holder, to reduce the escalation of disputes continues to grow, it is time for a land registration system through PTSL changed to positive land registration system.Keywords : Government Policy; Legal Certainty of Land Rights; PTSL.

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Penyelesaian Sengketa Akses Jalan Bidang Tanah Pekarangan

Tunas Agraria ◽

10.31292/jta.v1i1.7 ◽

2018 ◽

Vol 1 (1) ◽

Author(s):

Siti Arifatun Sholihah ◽

Haryo Budhiawan ◽

Sarjita Sarjita

Keyword(s):

Research Method ◽

Dispute Settlement ◽

Land Rights ◽

Social Function ◽

Land Registration ◽

Registration Data ◽

The Social ◽

Individual Concepts ◽

Empirical Law ◽

The Right

Abstract : The right through the yard of another is a form of social function of land rights that reflected in Article 6 of the UUPA. The social function of land rights itself tends to shift toward individual concepts, leading to the non-fulfillment of the social function of land rights. This can lead to disagreements, such as disputes over road access of yard. This study aims to determine the problems encountered in the settlement of access of yard disputes and the pattern of settlement through Mediation, State Administrative Court and General Courts. The research method used is empirical law research method with case approach done to 3 (three) cases related to access of yard disputes. The results showed that the problems faced in the settlement of access of yard disputes is the lack of detailed regulations on the dedication of the yard, and the unoptimal implementation of the provisions related to the access of yard in the first land registration. In relation to its implementation, dispute settlement through Mediation can be said to solve the problem more thoroughly than the handling of disputes through the judiciary, especially related to the maintenance of land registration data. Keywords : Dispute Resolution, Access of Yard, Social Function of Land Rights Intisari : Hak melalui pekarangan orang lain merupakan salah satu wujud fungsi sosial hak atas tanah yang jiwanya tercermin dalam Pasal 6 UUPA. Fungsi sosial hak atas tanah sendiri cenderung mengalami pergeseran menuju konsep individual, yang berujung pada tidak terpenuhinya fungsi sosial hak atas tanah. Hal tersebut dapat memicu perselisihan, seperti sengketa mengenai akses jalan bidang tanah pekarangan. Penelitian ini bertujuan untuk mengetahui problematika yang dihadapi dalam penyelesaian sengketa akses jalan bidang tanah pekarangan serta pola penyelesaiannya melalui Mediasi, Peradilan Tata Usaha Negara dan Peradilan Umum. Metode penelitian yang digunakan adalah metode penelitian hukum empiris dengan pendekatan kasus yang dilakukan terhadap 3 (tiga) kasus terkait sengketa akses jalan bidang tanah pekarangan. Hasil penelitian menunjukkan bahwa problematika yang dihadapi dalam penyelesaian sengketa akses jalan bidang tanah pekarangan adalah belum tersedianya peraturan detail mengenai pengabdian pekarangan, serta belum optimalnya pelaksanaan ketentuan terkait akses jalan bidang tanah pekarangan pada pendaftaran tanah pertama kali. Terkait pelaksanaannya, penyelesaian sengketa melalui Mediasi dapat dikatakan menyelesaikan masalah secara lebih tuntas dibandingkan dengan penanganan sengketa melalui lembaga peradilan, terutama terkait dengan pemeliharaan data pendaftaran tanahnya. Kata kunci : Penyelesaian Sengketa, Akses Jalan Bidang Tanah Pekarangan, Fungsi Sosial Hak Atas Tanah

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Penggunaan Blanko Akta Pejabat Pembuat Akta Tanah Dengan Diterbitkannya Peraturan Kepala Badan Pertanahan Nasional Nomor 8 Tahun 2012

Acta Comitas ◽

10.24843/ac.2016.v01.i01.p04 ◽

2016 ◽

Author(s):

Ni Luh Putu Swandewi,SH

Keyword(s):

Land Rights ◽

The Other ◽

Data Sources ◽

Legal Research ◽

Land Registration ◽

Legal Standing ◽

Other Hand ◽

Agrarian Law ◽

Legal Consequences

One action of realizing the objective of the enactment of the Basic Agrarian Law is the implementation of land registration by using a Land Deed Official certificates as proof of registration of land. The existence of the certificate forms of the Land Deed Official regulated by the Regulation of the Head of National Land Agency Number 3 of 1997 which was then amended by the Regulation of the Head of National Land Agency Number 8 of 2012, both of them regulate about the Land Deed Official certificate using the land certificate forms. The legal consequences of the abovementioned fact raises questions of the followings: What is the legal standing of the land certificate forms issued by a Land Deed Official under the Regulation of the Head of National Land Agency Number 3 of 1997 which has been used by a Land Deed Official as an evidence of transfer of registration of land rights in the Land Affairs Office after the date of March 31, 2013 by the enactment of the Regulation of the Head of National Land Agency Number 8 of 2012 and what efforts should be taken by the Land Deed Officials in the event that the certificate forms of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 is not acceptable as an evidence of transfer of registration of land rights after the enactment of the Regulation of the Head of National Land Agency Number 8 of 2012. The study is an empirical legal research, examining the gap between the theories (das solen) with the practices (das sein) in which in the Head of National Land Agency Regulation Number 8 of 2012 Article II point 1 letter a, stipulates that a land certificate form of the National Land Agency (BPN) can still be used. Whereas, in the letter b states that the land certificate forms of the National Land Agency which are no longer being used, shall be returned. In practice, in the Land Deed Official office, the use of a land certificate form of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 cannot be accepted in the Agrarian Office. The data and the data sources of this empirical legal research are primary, secondary and tertiary data. The findings of the study indicate the legal standing of the certificate forms of the Land Deed Official issued under the Regulation of the Head of National Land Agency Number 3 of 1997 after the date of 31 March 2013 by law (de jure) is no longer considered as the certificate of the Land Deed Official, but as the evidence of the legal acts set forth therein as the perfect evidence. On the other hand, in practice, the certificate cannot be used as registration evidence by the Agrarian Office, and the solution is to summon the parties to re-sign.

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Akibat Hukum Ketentuan Pasal 33 Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 6 Tahun 2018

Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan ◽

10.17977/um019v6i1p220-228 ◽

2021 ◽

Vol 6 (1) ◽

pp. 220

Author(s):

Bambang Tri Wahyudi ◽

Rachmad Safa’at

Keyword(s):

Supreme Court ◽

Spatial Planning ◽

Income Tax ◽

Government Regulation ◽

Land Rights ◽

Land Registration ◽

The Supreme Court ◽

The Right ◽

Legal Consequences ◽

Legal Force

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program.

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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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