scholarly journals The Problem of Property Rights to Land Acquisition of State (Jurisprudence and Conditions in Land National Law)

Author(s):  
Mahli Ismail

This study aims to answer the problem of construct and control of the state land by various parties to acquire the property. Structurally scholars of jurisprudence establishof three procedures, such as identification, turn and obtain approval from the government to acquire the property. While the provisions of the National Agrarian Land Legislation of Indonesia set-up of property rights happen in three ways; the determination of the government, the provision of conversion  and based on customary law. These requirements include the identification of former state land and wastelands and conditions, cultivation way, and obtaining permission from the government. While distinctive occur in terms designation and use of land in the Treasury Office into the absolute requirement for bookkeeping administrative enforcement of land rights. While the jurisprudence is not required certain types of plants or buildings in the enforcement of land rights administration books. While in general terms there should be plants and buildings as well as the limits of the fence is needed as a requirement in jurisprudence. While at the acreage requirement in the Treasury Office required two hectares per household, is an important requirement for the Treasury Office, because they want to regulate the distribution and people's livelihood of farmers` equalization.

Jurnal Akta ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 323
Author(s):  
Ana Rubiyani

Land is a form of gift given by God, but human has given brain to think the challenges of live like the land problems, so that the government tries to regulate it properly. The problems in this thesis are: 1) How to regulate ownership of agricultural land rights that exceeds the maximum limit based on Act No. 56 (Prp) of 1960 concerning the Determination of Agricultural Land Areas? 2) How is the action taken by the Land Office towards ownership of agricultural land rights that exceeds the maximum limit? The method used is juridical empirical, with descriptive analytical specifications. The method used in this research is an empirical juridical approach. The results of this study are: (1) The regulation of ownership of agricultural land rights that exceeds the maximum limit is based on Act No. 56 (Prp) of 1960, namely that the provisions regarding land restrictions state that the application for ownership rights as referred to in Article 4 paragraph 1 of Act No. 56 (Prp) 1960 was limited to a maximum land area of 2000 m2. 2) The steps of the Land Office in implementing Act No. 56 (Prp) of 1960, namely the need for a concept of supervision and control over control of land rights, given the various problems that often arise such as in land registration activities.


1936 ◽  
Vol 30 (2) ◽  
pp. 241-256
Author(s):  
John A. Fairlie

Mr. W. F. Willoughby, in his Principles of Public Administration, holds that “the function of direction, supervision, and control of the administrative activities of the government resides in the legislative branch of the government.” More specifically, he states that, “in the case of our national government at least, Congress is the source of all administrative authority.” It may be suggested however, that an examination of existing systems of government shows a large amount of variation in this respect, and that three main systems may be recognized.These three main systems may be noted in private as well as in public administration. In undertakings managed directly by a single person, he at the same time is the organizer of the business and conducts its operation. This may be called an autochthonous administration. In collective groups, or societies, a distinction appears between the determination of general policies by the group or society (or by a general committee) and the actual management by the officers or agencies set up by the central group for certain purposes.


2020 ◽  
Vol 13 (1) ◽  
pp. 108-119
Author(s):  
Happy Trizna Wijaya

Since September 24, 1960 Law No. 5/1960 was stipulated regarding Basic Regulations on Agrarian Principles or often referred to as the Basic Agrarian Law (UUPA), adopting legal unification and based on customary law. Customary land law is original law, has a unique characteristic, where individual rights to land are personal rights but in it contain togetherness. Land controlled by customary law communities is known as ulayat rights. Although customary law is the basis of the LoGA, problems with ownership rights to customary land often occur due to unclear land boundaries and customary land tenure by the government without any release of land. The results of this study revealed that the procedure for controlling customary land by the local government through the mechanism of land acquisition as stipulated in Permendagri No. 15 of 1975 provides more opportunities for the Government to control land rights, while the owner / holder of land rights has a very weak position because many rights to land are neglected so that it violates the human rights of land rights holders. With the issuance of Presidential Decree No. 55 of 1993 concerning Land Procurement for the Implementation of Development for the Public Interest in lieu of Permendagri No. 15 of 1975, which provides a protection to holders of land rights to be able to defend their rights. This is also the case with Perpres No. 36 of 2005 Jo Perpres No. 65 of 2006 issued as a substitute for Presidential Decree No. 55 of 1993, far more provide protection to the community to defend their rights, while the government is increasingly limited in obtaining land. So Perpres No. 65 of 2006 provides a guarantee of legal certainty to holders of land rights to be able to defend their rights.Sejak 24 September 1960 ditetapkan Undang-undang Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-pokok Agraria atau sering disebut Undang-undang Pokok Agraria (UUPA), menganut unifikasi hukum dan berdasarkan hukum adat. Hukum tanah adat merupakan hukum asli, mempunyai sifat yang khas, dimana hak-hak perorangan atas tanah merupakan hak pribadi akan tetapi didalamnya mengandung unsur kebersamaan. Tanah-tanah yang dikuasai oleh masyarakat hukum adat dikenal dengan sebutan hak ulayat. Walaupun hukum adat merupakan dasar dari UUPA tetapi permasalahan terhadap hak kepemilikan atas tanah adat seringkali terjadi karena penentuan batas tanah hak ulayat yang tidak jelas, maupun karena penguasaan hak atas tanah adat oleh pemerintah tanpa ada pelepasan tanah. Hasil penelitian ini mengungkapkan bahwa Prosedur penguasaan tanah ulayat oleh Pemda melalui mekanisme pembebasan tanah yang tertuang dalam Permendagri No. 15 Tahun 1975 lebih memberikan kesempatan kepada pihak Pemerintah untuk menguasai hak atas tanah, sedangkan pemilik/pemegang hak atas tanah mempunyai kedudukan yang sangat lemah karena banyak hak atas tanah yang diabaikan sehingga sangat melanggar hak asasi pemegang hak atas tanah. Dengan diterbitkannya Kepres No. 55 Tahun 1993 mengenai Pengadaan Tanah Bagi Pelaksanaan Pembangunan Untuk Kepentingan Umum sebagai pengganti Permendagri No. 15 Tahun 1975, yang memberikan suatu perlindungan kepada pemegang hak atas tanah untuk dapat mempertahankan haknya. Begitu juga halnya dengan Perpres No. 36 Tahun 2005 Jo Perpres No. 65 Tahun 2006 yang dikeluarkan sebagai pengganti Kepres No. 55 Tahun 1993, jauh lebih memberikan perlindungan kepada pihak masyarakat untuk membela haknya, sedangkan pihak pemerintah semakin terbatas dalam memperoleh tanah. Sehingga Perpres No. 65 Tahun 2006 memberikan suatu jaminan kepastian hukum kepada pemegang hak atas tanah untuk dapat mempertahankan haknya.


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Cariono Cariono

Abstract The presence of land controlled and / or owned by either existing rights above the ground and based on the new land acquisition in some places there are still many in limbo. Seeing the reality of the field on the wastelands, he made government regulation and government last issued Government Regulation No. 11 Year 2010 on Land Reform and Control of Neglected. Based on this background, the problem is formulated, what basic criteria for establishing a right to the top of the ground as the object of regulating the wastelands, who preferred to get right to the land above the ground of the former wastelands, this research was normative approach legislation conceptual and legal materials. The results showed that the controlling authority is the authority wastelands legacy which the Government (President) delegate to the National Land Agency of the Republic of Indonesia. The mechanism through penertibannya stages: (1) an inventory of land rights or land tenure policies that indicated displaced (2) identification and study of land indicated displaced (3) warning against the rights holder (4) Determination of wastelands. Other Issues Regarding legal protection against former titleholders.Keywords: effectiveness, enforcement, wastelands


Yuridika ◽  
2012 ◽  
Vol 27 (3) ◽  
Author(s):  
Rizky Amalia

Land acquisition is done by way of release or transfer of land rights of the holders of rights over land to government agencies that require ground. As a form of respect for the rights of holders of land rights, which require land-party in this case is the government agency, provide appropriate compensation on the basis of agreement between both parties through consultation. Form of legal protection given to holders of land rights is the determination of compensation based on the deliberations, the proper compensation that can provide a better survival than the level of socio-economic life before the affected land acquisition, and submission of objections to the amount of indemnification. Custody compensation cannot be the basis for taking land holders of land rights by Government agencies that require ground.Key Words : land acquisition, legal protection, custody compensation.


2019 ◽  
Vol 19 (2) ◽  
pp. 331-342 ◽  
Author(s):  
Sattwick Dey Biswas

In the globalised economy, the value chains of production have crossed national boundaries. As a result, the demand has intensified for land acquisition in order to set up production facilities and infrastructure. This industrialisation proceeded rapidly, and, therefore, a vast area of land had to be acquired, both in the Global South and in the North. This development has led to many conflicts. These conflicts are the result of the inability to understand the plural values of land in the realisation of property rights in social citizenship. This article has considered two land expropriation case study areas in India, Salbani and Singur in West Bengal, as a source of empirical data. The empirical evidence suggests that the straitjacket of monorational property rights discourse, which heavily relies on the absolute ownership and control (via exclusion of others) ignores the different ways in which plural land values shape ideas of social citizenship. There is a need to rediscover the ‘social’ in citizenship to ensure the subordination of market price to the ideals of social justice.


Theology ◽  
2017 ◽  
Vol 120 (1) ◽  
pp. 3-10
Author(s):  
James Jones

In 1989, 96 Liverpool Football Club supporters were killed at the Hillsborough Stadium in Sheffield. It was the biggest sporting disaster in British football. The original inquests returned a verdict of ‘accidental death’. For over 20 years the families of the 96 and the survivors campaigned against this verdict. In 2010 the government set up an Independent Panel with myself as its Chair. Its remit after consultation with the families and survivors was to access and analyse all the documents related to the disaster and its aftermath and to write a report to add to public understanding. The Panel’s Report was published in 2012 and led to the quashing of the original verdicts and the setting up of fresh inquests. After two years and the longest inquests in British legal history, the jury gave its determination of ‘unlawful killing’. Here I reflect theologically on the public and pastoral role of the Church of England and its mission to wider society.


2016 ◽  
Vol 1 (2) ◽  
pp. 49
Author(s):  
I Nyoman Nurjaya

Indonesia is well known amongst Southeast Asian countries for it multi- cultural identity in terms of ethnicity, religion, race and social stratification. Indonesia embodies its motto of Unity in Diversity, which refers to the culturally rich configuration of Indonesia, containing cultural capital and cultural power. However, cultural diversity also yields conflict due to inter-ethnic and inter- religious disputes that have the potential to generate social disintegration and even threaten the fragmentation of  Indonesia as a Nation  State.  In the eyes    of legal anthropologists, sources of conflict are often based on discriminatory policies expressed within the State’s law and legislation with regard to the recognition and protection of local communities across the country, namely ‘adat’ communities practising traditional, customary law, known as ‘adat’. Thus, State laws enacted and enforced by the Government tend to dominate and marginalise, even ignore the rights of  the local communities, particularly regarding access   to and control over natural resources, which is otherwise governed by the adat law of the region. This paper attempts to offer an answer to the fundamental question of whether the 1945 Constitution recognises and protects the traditional communities and their adat laws by employing a legal anthropological approach, with the purpose of obtaining a better understanding of development of State law in a multicultural Nation and looking towards a more just and equitable Indonesian State law.


2019 ◽  
Vol 13 (2) ◽  
pp. 9
Author(s):  
Made Oka Cahyadi Wiguna

The government has indeed provided legal protection and certainty to indigenous peoples regarding their ulayat lands, through a Ministerial Regulation. However, it needs to be studied more deeply about the concept of communal rights to land and Pakraman village as the subject of communal rights holders on land. Communal rights to land are conceptualized as models of land rights that have just been raised in the national land law system. The consequence is that indigenous and tribal peoples as communal rights holders are authorized to use and benefit from their communal land. Pakraman village qualifies as a subject of communal rights to land because Pakraman village in Bali is classified into the community of the community, has a system of customary government referred to as the traditional prajuru led by a customary village leader. Then Pakraman village has a legal area called the Palemahan Pakraman village. As an instrument that regulates the life and social interaction of the community, awig-awig is the customary law of the community in a Pakraman village in Bali.


2021 ◽  
Vol 1 (1) ◽  
pp. 61-75
Author(s):  
Wenny Yolanda Ratna Sari ◽  
Priyo Katon Prasetyo ◽  
Sudibyanung Sudibyanung

Land availability is the great significant part in infrastructure development. To support the land availability, the government pursues a program called land acquisition. Land acquisition is regulated in Law Number 2 of 2012 and Government Regulation Number 71 of 2012. Based on Government Regulation Number 40 of 2014, land acquisition is divided into two, including large scale with an area of more than 5 hectares and small scale based with an area of less than 5 hectares. Small-scale land acquisition is further regulated in Presidential Regulation Number 148 of 2015 Article 121 paragraph (3) which does not require a determination of location. The purpose of this study was to determine the implementation process as well as the advantages and disadvantages of small-scale land acquisition with and without location determination in Sleman Regency. This research used a qualitative method with a descriptive approach. The results of this research showed that the implementation of land acquisition with determination of location has advantages (4) and weaknesses (6) while land acquisition without determination of location has advantages (6) and disadvantages (4).


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