scholarly journals Peran BPN dalam Penyertifikatan Hak Milik Atas Tanah Adat di Kantor Pertanahan Kabupaten Samosir

2021 ◽  
Vol 4 (2) ◽  
pp. 1186-1198
Author(s):  
Ady Hendra Lumban Tobing ◽  
Dayat Limbong ◽  
Isnaini Isnaini
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Government Regulation ◽  
The State ◽  
Legal Research ◽  
Daily News ◽  
Land Registration ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Customary Land

This study aims to determine the legal rules, roles and obstacles faced by BPN employees in Samosir district in the implementation of registration of property rights on customary land. This research uses normative legal research. The results of the study indicate that the rule of law for land registration refers to Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration. The registration procedure is as follows: 1) Prepare the required documents, 2) Prepare and submit application letters, 3) Pay the application fee, measurement and inspection of the applicant's land, 4) Make announcements through the general daily news with a period of 60 (sixty) days, 5) Issuance of decrees (Kantah, Kanwil, or BPN RI), 6) Bookkeeping of rights and issuance of certificates. Obstacles that arise and are faced in registering land as property rights in Pangururan District are: 1) Unclear customary land boundaries, 2) There are claims from the state or government, 3) Loss of witnesses or historical actors.

scholarly journals RELIGIONS IN THE CONSTITUTION OF ASEAN COUNTRIES: The Rule of Law and Welfare Concept

2021 ◽  
Vol 1 (1) ◽  
pp. 37-46
Author(s):  
Asari Taufiqurrohman
Keyword(s):  
Rule Of Law ◽  
Basic Type ◽  
The State ◽  
The Body ◽  
The Other ◽  
Nation State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Approach Method ◽  
Asean Countries

The study of the constitution could not be covered by the scope of one state only, but also  compare it with others. To strengthen cooperation between ASEAN community, we should understand the constitutional concept which follows the rule of law. Even adopted by the majority of nation-state according to with their basic type of the country and nationality (such as culture, religion or norms). To compare it, we have to discuss a more significant idea about the state. This research promoted to explain about the extent of religious content as well as prime religion which recognized on the constitution of the ASEAN countries by using normative legal research, with emphasizes result by comparison among countries. Finally, this research describes how important the religion concept (in each manuscript) to the body of the constitution, to reach “the living constitution” and to show the other side of the welfare concept in ASEAN countries with various theories of laws. The approach method is related to doctrinal legal research.

scholarly journals KEWENANGAN MAHKAMAH AGUNG REPUBLIK INDONESIA DALAM PEMBUATAN PERATURAN TENTANG PERMOHONAN PERNYATAAN PAILIT MELALUI SURAT EDARAN (BELEIDSREGELS) DITINJAU DARI SUDUT ILMU PERUNDANG-UNDANGAN

2019 ◽  
Vol 2 (2) ◽  
pp. 646
Author(s):  
Samuel Tirta Handoyo ◽  
Cut Memi
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
Government Action ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Circular Letter ◽  
The Status

One important element of the rule of law is that any government action must be based on law. The consequence is that laws must be made, implemented and enforced. Therefore, the state has the power to make laws to regulate all its activities. The Supreme Court as one of the highest judicial institutions in Indonesia has the status of all the courts and as the highest court for the four judicial institutions. The regulating and oversight functions are part of the functions of the Supreme Court, where the Supreme Court is authorized to issue further regulations in the form of Supreme Court Regulations and Supreme Court Circular Letters, where Supreme Court Regulations are regulating, whereas Supreme Court Circular Letters are as policy regulations. However, in practice the substance of the Supreme Court Circular is often not in accordance with its requirements, namely as a policy regulation. One of them is the Supreme Court Circular Letter Number 2 Year 2016 concerning Increasing Efficiency and Transparency in Handling Bankruptcy Cases and Delaying Obligations of Debt Payment in Courts. The writing of this thesis will discuss the authority of the Supreme Court in determining the substance of the Supreme Court Circular Number 2 of 2016 in terms of statutory knowledge. Judging from its nature, the research used is descriptive analysis using normative legal research.

scholarly journals The Ontological of State of Law of Pancasila as The Basis of Welfare State in Indonesia

2020 ◽  
Vol 9 (4) ◽  
pp. 701
Author(s):  
I Nyoman Bagiastra
Keyword(s):  
Welfare State ◽  
Rule Of Law ◽  
The State ◽  
Community Life ◽  
Economic Policies ◽  
Legal Certainty ◽  
Legal Research ◽  
The Rule Of Law ◽  
The Republic ◽  
The Welfare State

The rule of law as stated in the Constitution of the Republic of Indonesia, namely article 1 Section 3 of the 1945 Constitution which states explicitly that the State of the Republic of Indonesia is a rule of law, of course, has juridical consequences that must be accounted for in the practice of community life, nation, and state. By claiming to be a rule of law, Indonesia must fulfill and realize all the requirements and principles contained in a rule of law, namely the state has the obligation and provides legal certainty for protection to realize the welfare of its citizens. The research method used is normative legal research. the welfare state is briefly described as a series of public policies and state activities in integrating economic policies and social policies for the sake of achieving prosperity.

scholarly journals Implementation of Complete Systematic Land Registration Program (PTSL) Based on Government Regulation No. 24 of 1997 on Land Registration in the Subang District

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 845
Author(s):  
Hani Handayani ◽  
Amin Purnawan
Keyword(s):  
Data Analysis ◽  
Rule Of Law ◽  
Government Regulation ◽  
Positive Influence ◽  
Land Registration ◽  
The Rule Of Law ◽  
Registration Process ◽  
Land Disputes ◽  
Real Behavior ◽  
District Implementation

The purpose of this study are to: 1) to investigate the implementation of Complete Systematic Land Registration Program based on Government Regulation No. 24 of 1997 on Land Registration in Subang district. 2) To know the constraints and solutions implementation of Complete Systematic Land Registration Program based on Government Regulation No. 24 of 1997 on Land Registration in Subang district.In this study the authors use research methods socio-juridical / empirical / non-doctrinal where qualitative approach is a way of analysis of the results of research that produces descriptive data analysis, the data stated by the respondent in writing or orally as well as the real behavior, researched and studied as something related intact on Government Regulation No. 24 of 1997 on Land Registration in Subang district.Based on the results of data analysis concluded that: 1) Implementation of Complete Systematic Land Registration Program based on Government Regulation No. 24 of 1997 on Land Registration in Subang district. Implementation of Complete Systematic Land Registration program in the Subang district earring positive influence on the creation of orderly land, particularly against the rule of law and orderly administration of land, which is indicated by the number of parcels of land have been able certified in the land registration process. This will have an impact on the decrease in the number of land disputes, because residents have proof of land ownership (certificate) and the presence of land records are complete.Keywords: Complete Systematic Land Registration Program, Government Regulation No. 24 of 1997 on Land Registration.

Bestuurszorg Pemerintah dalam Negara Hukum Indonesia

Esensi Hukum ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 1-11
Author(s):  
Herman -
Keyword(s):  
Rule Of Law ◽  
The State ◽  
The Body ◽  
Popular Sovereignty ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Rule Of Law ◽  
Maximum Extent ◽  
The People ◽  
The Government

Abstract Bestuurszorg is a concept found in modern rule of law. The main obligations in the rule of law are given duties and functions to the maximum extent to create prosperity and welfare of the people. The preamble to the constitution in force in Indonesia requires the Indonesian government's obligation to create prosperity and welfare. The body (article by article) of this constitution also explicitly states that the State of Indonesia is a state of law based on popular sovereignty. This research is a normative legal research with a statutory approach and a conceptual approach. The results of this study suggest that the obligations of the government in the Indonesian State of Law are duties and functions to create prosperity and welfare of the people. The government is also given the power to implement the constitutions and laws through its authority in terms of making laws and regulations independently. Keywords: State of law, bestuurszorg, prosperity and welfare.

scholarly journals HAK ASASI MANUSIA DAN DEMOKRASI DI INDONESIA

2018 ◽  
Vol 9 (2) ◽  
pp. 172
Author(s):  
Fitriani Amalia ◽  
Anies Prima Dewi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Descriptive Analysis ◽  
The State ◽  
Legal Research ◽  
The Rule Of Law ◽  
Role Of The State ◽  
Qualitative Descriptive ◽  
Democratic Country

The existence of human rights in the conception of the rule of law and democracy in Indonesia is the most basic. However, the concept of regulating human rights by the state does not mean that there is a restriction on human rights by the State, but the concept is regulation by the State. Using normative legal research, also called doctrinal law research. In this type of legal research, law is often conceptualized as what is written in laws and regulations (law in books). Analyzed using qualitative descriptive analysis. The results of this study indicate that, in a democratic country, the implementation of human rights is a must. The degree of implementation of democracy and human rights is also influenced by the role of the State. The implementation of democracy and human rights with the people's sovereignty are ideals to be achieved.Keywords: democracy; human rights. AbstrakKeberadaan Hak Asasi Manusia dalam konsepsi Negara hukum dan demokrasi di Indonesia suatu hal yang paling mendasar. Namun konsepsi pengaturan hak asasi manusia oleh negara tersebut bukan berarti terjadinya pengekangan hak asasi manusia oleh Negara, namun konsepsinya adalah pengaturan oleh Negara. Menggunakan penelitian hukum normatif, di sebut juga penelitian hukum doktrinal. Pada penelitian hukum jenis ini, acapkali hukum di konsepkan sebagai apa yang tertulis dalam peraturan perundang undangan (law in books). Dianalisis menggunakan analisis deskriptif kualitatif. Hasil penelitian ini menunjukkan bahwa, pada suatu Negara yang berdemokrasi, implementasi Hak Asasi Manusia merupakan suatu keharusan. Tingkatan implementasi demokrasi dan hak asasi manusia juga dipengaruhi oleh peran Negara. Implementasi demokrasi dan Hak asasi manusia yang berkedaulatan rakyat merupakan cita-cita yang hendak dicapai.Kata Kunci : demokrasi; hak asasi manusia.

scholarly journals KEDUDUKAN HUKUM PERKAWINAN ADAT DAYAK LUNDAYEH DALAM HUKUM PERKAWINAN NASIONAL

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Pasri Bilung
Keyword(s):  
Rule Of Law ◽  
Legal Rule ◽  
The State ◽  
Legal Research ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Marital Disputes ◽  
Customary Manner ◽  
Legal Consequences

AbstractThe procedure of marriage which is carried out in a customary manner and has existed before the State of Indonesia was established, as carried out by the Lundayeh Dayak community and until now is still maintained as a local culture of ancestral heritage is a tradition that is still highly upheld. Unification in the field of marital law through the establishment of Law No. 1 of 1974 has legal consequences for marital arrangements in Indonesia. So that it raises problems with the implementation of the marriage which is only carried out by customary Dayak Lundayeh.The type of this research is normative juridical research, namely legal research to find the rule of law, legal principles and legal doctrine to answer the issue of juridical review of customary marriage and its legal consequences.The results of the study indicate that the customary marriage law is a legal rule that regulates the forms of marriage, how to apply, marriage ceremonies and the termination of marriage. Based on the provisions of the regulations stipulated in Law No. 1 of 1974, marriages which are only carried out by Lundayeh customary without religious marriage are not valid, so the marriage cannot be performed either at the Office of Religious Affairs (KUA) for those who are Muslim and the Civil Registry Office (KCS) for those who are not Muslim.The legal consequences of illegitimate marriages that are only carried out traditionally by the Lundayeh Dayak have an impact on the absence of recognition from the State for the marriage carried out, so that in the event of a dispute and dispute arising from the marriage, the State in this case the court cannot resolve the dispute resolution. settlement of marital disputes that are only carried out by custom, by the Lundayeh Dayak community carried out in local wisdom, namely through the customary court session Keywords: Marriage, Adat, Dayak Lundayeh

Eksistensi Lembaga Pengumuman Terhadap Legalitas Sertipikat Hak Atas Tanah (Pelaksanaan Pendaftaran Tanah Sistematik Lengkap)

Tunas Agraria ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 161-183
Author(s):  
Mitta Ramadany Wael ◽  
Sarjita Sarjita ◽  
Mujiati Mujiati
Keyword(s):  
Research Methods ◽  
Government Regulation ◽  
Land Rights ◽  
Legal Research ◽  
Land Registration ◽  
The Status ◽  
The Government ◽  
Customary Land ◽  
Legal Consequences

Abstract: The implementation of the announcement agency in land registration to apply the principle of publicity, but in its implementation according to PP 24 of 1997 and the PTSL regulation there is a difference in both the number of days of implementation and the status of registered parcels. This research used legal research methods is a normative law research methods and empirical juridical law that aims to determine the existence of the announcement agency in the implementation of PTSL and find out the legal consequences of the announcement agency on the legality of the Land Rights Certificate. The result of this research is the existence of the announcement agency in PP No. 24 of 1997 is different from the implementation of PTSL. Explicitly in PP No. 24 of 1997 the announcement was only carried out for customary land for 30 days and the announcement of state land was not implemented while the existence of the announcement agency in PTSL did not differentiate the status of the land, either state land or customary land, the announcement was still held for 14 calendar days. In accordance with the hierarchy of state the Government Regulation has a higher position than the Ministerial Regulation, this causes the making of the regulations below must refer to the regulations above so as not to collide/counter-productive. This rule collision will cause a legal gap if there is a lawsuit in the Administrative Court, so the product can be legally flawed and canceled. Kata Kunci : existence, announcement agency and PTSL Intisari: Pelaksanaan lembaga pengumuman sesuai PP No. 24 Tahun 1997 dan Pendaftaran Tanah Sistematik Lengkap (PTSL) terdapat perbedaan baik dalam jumlah hari pelaksanaan maupun status bidang tanah yang didaftarkan. Penelitian ini menggunakan metode penelitian hukum normatif dan hukum yuridis empiris yang bertujuan untuk mengetahui eksistensi lembaga pengumuman dalam pelaksanaan PTSL dan mengetahui konsekuensinya terhadap legalitas sertipikat hak atas tanah. Hasil dari penelitian ini adalah eksistensi lembaga pengumuman dalam PP No. 24 Tahun 1997 berbeda dengan pelaksanaan dalam PTSL. Secara tegas dalam PP No. 24 Tahun 1997 pengumuman hanya dilaksanakan untuk tanah adat selama 30 hari dan untuk tanah tanah negara tidak dilaksanakan pengumuman, sedangkan eksistensi lembaga pengumuman dalam PTSL tidak membedakan status tanah, baik itu tanah negara maupun tanah adat tetap dilakukan pengumuman selama 14 hari kalender. Sesuai dengan hierarki peraturan perundang-undangan, peraturan pemerintah memiliki kedudukan lebih tinggi dari peraturan menteri, hal ini menyebabkan pembuatan peraturan yang di bawah harus merujuk kepada peraturan yang ada di atasnya supaya tidak bertabrakan/kontra produktif. Tabrakan aturan ini akan menimbulkan celah hukum apabila terjadinya suatu gugatan di PTUN, sehingga produk yang dihasilkan bisa jadi cacat hukum dan dibatalkan. Kata Kunci : eksistensi, lembaga pengumuman dan PTSL

scholarly journals Prudential Principles in Regulation of Land Registration in Indonesia

2020 ◽  
Vol 3 (3) ◽  
pp. 19-25
Author(s):  
Ilgiz Bross
Keyword(s):  
Government Regulation ◽  
The State ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Registration ◽  
Registration Process ◽  
Regulatory Standards ◽  
The Law ◽  
The Republic ◽  
Registration Result

Land registration is the first step for landowners to have legal ownership certificates and be recognized by the state in the form of land certificates, the raw errors in land registration result in multiple interpretations of legal certainty regarding land data that will harm landowners, so the principle of prudence in registration land is very important to be applied so that in the registration process there is no mistake and legal certainty is guaranteed from the certificate issued. This study aims to find out and analyze the extent o which the principle of prudence is regulated in land registration regulations so that the implementation of land registration is carried out correctly and appropriately. The type of research used in this research is normative legal research, namely research based on legal materials whose focus is on reading and studying the materials of primary law and secondary law. The results of this study indicate that the principle of prudence has been stipulated in the land registration law by observing the principle of prudence indicators contained in article per article in the land registration law such as the Law of the Republic of Indonesia Number 5 of 1960 concerning Regulations Basic Agrarian Principles, Republic of Indonesia Government Regulation Number 24 of 1997 concerning Land Registration, Agrarian Minister Regulation Number 3 of 1997 concerning Provisions for Implementing Government Regulation number 24 of 1997 concerning land registration, and Regulation of the Head of National Land Agency of the Republic of Indonesia number 1 of 2010 about Land Service and Regulatory Standards.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

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