scholarly journals PENINGKATAN HAK GUNA BANGUNAN YANG HABIS MASA BERLAKUNYA MENJADI HAK MILIK ATAS TANAH

2019 ◽  
Vol 3 (2) ◽  
pp. 353
Author(s):  
Werdi Haswari Puspitoningrum
Keyword(s):  
Legal Status ◽  
Land Rights ◽  
Legal Entity ◽  
The Status ◽  
Ownership Rights ◽  
Personal Law ◽  
The Way

Status hukum HGB yang sudah berakhir masa berlakunya menurut peraturan perundang-undangan adalah kembali kepada status hukum asal hak atas tanah tersebut, yakni kembali menjadi tanah negara atau tanah dengan hak-hak tertentu yang dikuasai oleh subyek hukum pribadi atau badan hukum perdata.Tanah berstatus HGB yang habis masa berlakunya tidak dapat ditingkatkan menjadi hak milik. Meskipun demikian, dalam peraturanperundang-undangan telah disediakan dua carayang memungkinkan pemegang HGB yang jangka waktunya berakhir tetapmenjadi pemegang HGB, yaitu melalui perpanjanganhak dan pembaharuan hak. Cara mengajukan permohonan peningkatan status tanah dari HGB yang sudah habis masa berlakunya menjadi hak milik adalah dengan mengajukan kembali HGB yang telah berakhir masa berlakunya melalui perpanjanganhak atau pembaharuan hak.Kata Kunci: peningkatan,  hak guna bangunan, hak milik            The legal status of the HGB which has expired according to legislation is returning to the legal status of origin of the land rights, namely returning to state land or land with certain rights controlled by subject to personal law or civil legal entity. Land with a status of HGB which expires cannot be increased to ownership rights. Nevertheless, in the legislation two ways have been provided which allow HGB holders whose term expires to become HGB holders, namely through extension and renewal of rights. The way to apply for an increase in the status of land from HGB that has expired into ownership is by re-submitting the HGB which has expired through extension or renewal of rights. Keywords: improvement building rights, right of ownership  

scholarly journals Protective Use of Buildings Law of the Lanting House

2021 ◽  
Vol 04 (02) ◽  
Author(s):  
Muhammad Aji Samudra ◽  
Keyword(s):  
Land Use ◽  
Government Regulation ◽  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
The Status ◽  
The Right ◽  
In The Beginning ◽  
Ownership Rights ◽  
Land Use Rights

Existence of Lanting Houses for traditional Kalimantan people, especially Banjarmasin people, is a primary need because it their place to live. The life of the Lanting House is now, in the beginning, to be abandoned because the local government is trying to relocate the Lanting House, and there is no legal status of the Lanting House so that many heirs sell the Lanting House only with receipts. Seeing the object of the Lanting House that was built on the water was not able to get ownership rights like on the land, this caused the weak legal force against the object of this Lanting House if it had transitioned rights because an object that was built floats on the water according to the Agrarian Law does not can get land rights. The purpose of this study was to determine the protection obtained by the Lanting House. This study used a normative juridical approach by reviewing and analyzing the laws and regulations and library materials relating to the Lanting House, and the rules used as the basis for the status of the Lanting House. This study used secondary data covering primary legal material in the form of legislation, and secondary licensed content in the form of theories and literature related to the issues discussed. Research showed that the Lanting House could be protected under Law No. 5 of 1960 concerning Basic Rules of Agrarian Principles and Government Regulation No. 40 of 1996 concerning Land Use Rights, Building Use Rights, and Land Use Rights. Where the Lanting House can be given the right to use the building that has been approved by the minister of agrarian and spatial planning so that the Lanting House is recognized as a building that can be given legal certainty.

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals PEMBERIAN HAK MILIK SATUAN RUMAH SUSUN DIATAS BEBERAPA HAK GUNA BANGUNAN PERORANGAN

2016 ◽  
Vol 1 (1) ◽  
pp. 101
Author(s):  
Masrofah Masrofah
Keyword(s):  
Land Rights ◽  
Housing Project ◽  
Legal Norms ◽  
Ecological Requirements ◽  
Technical Requirements ◽  
The Status ◽  
Implementation Guidelines ◽  
The Right ◽  
Administrative Sanctions ◽  
Ownership Rights

The objectives of this research are: (1) to study and analyze the status of ownership of a modern shopping center or mall upon some tenure individual rights. (2) to study and analyze the process of grantingownership rights for apartment unit.The method used in this research was normative, that is, a legal research which was based on legal materials obtained from literature that examined legal norms related to the issue of providing ownership rights for apartment units upon some building rights.Based on the results of research and discussion, it can be concluded as follows: (1) PT. G.U. that wanted to have its apartment units certified for ownership had constraints by the absence of  implementation guidelines of Law No. 16 of 1985 (now Act No. 20 of 2011). (2) The principle of horizontal separation is the opposite of attachment principle which states that buildings and plants are integrated to land. (3) In planning the development of apartment, developers of the construction should first pay attention to the layout of the area of city/ county. (4) The construction of a housing project must meet some requirements, they are: administrative requirements, technical requirements and ecological requirements. (5) Prior to certificate of ownership registration upon an apartment unit, certificate of land rights either in the form of property rights, the right to use the land for building and the right to use and manage the land. (6) In the Act of Apartment, if it does not meet the provisions of these rules, there are some sanctions to be given. These may be in the form of administrative sanctions or criminal verdicts such as fines and imprisonment.Keywords: Granting Rights, Certificate of Ownership Rights Unit of the Flats, Broking,Transitional sale, Land Consolidation. 

scholarly journals THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 140-150
Author(s):  
Moh Syaifur Rijal
Keyword(s):  
Legal Status ◽  
Financial Institution ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Non Profit ◽  
The Status

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions,  the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.

Dualism of the legal status of the head of the organization

2020 ◽  
pp. 24-29
Author(s):  
O. S. Kulakova
Keyword(s):  
Legal Status ◽  
Corporate Law ◽  
Priority Rules ◽  
Legal Entity ◽  
Separate Part ◽  
Judicial Practice ◽  
The Status

The status of the head of a business company is a controversial legal category. The relevance of this issue is determined by the complexity of the nature of legal relations that develop at the intersection of labor and corporate law. The ambiguity of judicial practice in the qualification of the position of a person who is both a separate part of a legal entity and an employee makes it necessary to search for priority rules of law.

scholarly journals Status Hak Atas Tanah Penduduk Desa dalam Kawasan Hutan Perum Perhutani

2019 ◽  
Vol 4 (1) ◽  
pp. 48
Author(s):  
Fatimiah Azzahra
Keyword(s):  
Data Collection ◽  
Agrarian Reform ◽  
Land Rights ◽  
Land Ownership ◽  
Colonial Era ◽  
Public Corporation ◽  
The Status ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

This article aims to discuss the conflict of tenure rights between Perhutani and the community and the status of land held by the community after the entry into force of Presidential Regulation No. 86 of 2018 concerning Agraria Reform. The study uses a sociological juridical method. The location of the study is in the forest area of   Perhutani Public Corporation, Malang Regency. Data collection techniques using observation, interviews, and documentation. The results of the study show that conflicts over ownership of land rights between Perhutani and the community have been going on for a long time. Physically the land has been controlled by the community since the Dutch colonial era and passed down from generation to generation. The granting of permission to manage the land and payment of land tax strengthened the community’s argument about land ownership. The land status which is the object of the dispute is based on Presidential Regulation No. 86 of 2018 concerning Agrarian Reform became the authority of Perhutani Public Corporation. Communities can get ownership rights or get land compensation if the Ministry of Forestry releases the land.

scholarly journals Implementation Of The Sale And Purchase Agreement And The Status Of Ownership Of Land Rights At Apartment In Payon Amartha View Of Semarang

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 511
Author(s):  
Riska Fauziana ◽  
Anis Mashdurohatun
Keyword(s):  
Data Collection ◽  
Strong Evidence ◽  
Land Rights ◽  
Collection Method ◽  
Data Collection Method ◽  
Ownership Status ◽  
The Status ◽  
Ownership Of Land ◽  
Ownership Rights

The study entitled "Implementation of the Sale and Purchase Agreement and the Status of Ownership of Land Rights at Apartment in Payon Amartha View of Semarang" aims to: 1) Understand the process of buying and selling apartments. 2) To know about the status of ownership of land rights of the apartment.Theresearch method in this journal uses a sociological Juridical approach with the specification of the data collection method to Obtain the data that will be used as the thesis of material through an interview with the manager and the marketing of apartment in Payon Amartha View of Semarang, or by observation in the form of roomates surveillance systematically Involved in Obtaining data. Afterwards will be conducted analysis of the data Obtained from various sources.The results of the research indicate that: 1) The process of buying and selling apartments begins with payment of the Booking Fee Followed by the signing of the Temporary Deed of Sale and Purchase (TDSP) as a legitimate and strong evidence that it has made a sale and purchase. 2) The ownership status of the buyer of the apartment is the Strata Title Certificate.Keywords: Sale And Purchase; Ownership Rights To The Apartment.

Main stages of establishment of farms in independent Ukraine

2021 ◽  
pp. 125-132
Author(s):  
M. Dolynska
Keyword(s):  
Legal Status ◽  
Functional System ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Family Farms ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Natural Person ◽  
The Status ◽  
Logical Semantic

Purpose. The aim of the article is to outline the evolution of the formation of farms from peasant (farmer) farms to family farms during 1991-2021 in independent Ukraine; to distinguish separate stages of development of various agricultural formations, which were called "farms" in independent Ukraine. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the legal status of the most common types of agribusiness entities such as peasant farms, family farms of independent Ukraine is carried out. Scientific novelty. Having analyzed the development of farming in Ukraine during 1991-2021, five main stages of the development of farming in independent Ukraine are determined. The author states that the main types of farms in Ukraine since 2017 are: a farm-legal entity and a farm without the status of a legal entity, which is registered as a natural person-entrepreneur. Members of one family who have established a farm in the form of a family farm based on registration of a natural person-entrepreneur are co-entrepreneurs of the above-mentioned family farm.Practical significance. The results of the research can be used in lawmaking and law enforcement during the preparation of normative and legislative acts on the legal regulation of farming.

scholarly journals JURIDICAL ANALYSIS OF RIGHTS REGISTRATION PROCESS ON LAND AND OWNERSHIP STATUS TO CONFIRM LEGAL ASSURANCE

2021 ◽  
Vol 1 (1) ◽  
pp. 10-25
Author(s):  
Hafiz Al Hakim ◽  
Point Aminah ◽  
Idham I ◽  
Feby Milanie ◽  
Andri Saifannur Saifannur
Keyword(s):  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Constraint Factors ◽  
Ownership Status ◽  
The People ◽  
The Status

Land registration aims to guarantee legal certainty and certainty of land rights. By holding land registration, the parties concerned can easily find out the status of the legal status of the particular land they are dealing with, their location, area and boundaries. And also as a condition for the implementation of orderly land administration. The purpose of this study is to find out the legal arrangements regarding the process of registering land rights and ownership status in order to confirm legal certainty and how to implement, constraint factors and solutions to problems that occur in the community. This research uses normative legal research methods. The normative method is writing that uses primary materials or data. In normative legal research, library materials in the form of basic data which in the study are classified as secondary data. Secondary data can include primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the legal arrangements regarding the responsibilities of the Batam City National Land Agency in the process of registering land rights have been carried out well by the Batam City National Land Agency in order to realize legal certainty for the people of Batam City. However, in carrying out their duties there are still obstacles in the process of registering land rights in Batam City because of the imbalance of authority with the Batam Concession Agency as the holder of land management rights in Batam City. So, the solution is expected to have special regulations regarding this so that the process of registering land rights in Batam City can run in accordance with the laws and regulations.

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