scholarly journals Juridical Review of The Application of Digital Mapping (Plotting) of Land Ownership Rights in The Prevention of Multiple Certificates

2021 ◽  
Vol 5 (2) ◽  
pp. 185-193
Author(s):  
Mashendra Mashendra ◽  
Deddy Mursanto
Keyword(s):  
Sampling Technique ◽  
Land Ownership ◽  
Accurate Information ◽  
Land Registration ◽  
Digital Mapping ◽  
Valid Evidence ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Computerized System ◽  
Resource Factor

The implementation of land registration aims to create an accurate information center regarding land ownership. To ensure that land registration administration runs effectively, the Computerization of Land Activities (KKP) policy is implemented gradually and thoroughly. Even so, the application of a computerized system that is so sophisticated, still finds overlapping ownership of land titles. Overlapping the certificate will result in legal uncertainty for the certificate holder, because the main purpose listed is to get the certificate as valid evidence.. Sampling in this study was carried out purposively with a non-random sampling technique that focused only on land that had multiple certificates. The data analysis pattern in this study is based on qualitative methods. The findings of this study are thatThe implementation of Computerization of Land Activities (KKP) at BPN City of Baubau in preventing the occurrence of double certificates is carried out with all processes from the beginning of land registration to issuance of certificates and stored digitally.The factors that result in the occurrence of a double certificate can be seen from 2 (two) things, namely first, when viewed from the factor of the Community. Second, if it is seen from the human resource factor of the Land Officedue to carelessness and carelessness of the land officers.

scholarly journals Akibat Hukum Jual Beli di Bawah Tangan atas Tanah Hak Milik di Kabupaten Badung

2020 ◽  
Vol 1 (1) ◽  
pp. 176-180
Author(s):  
I Gusti Agung Ayu Lita Pratiwi ◽  
Nella Hasibuan Oleary ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
Legal Requirements ◽  
Land Registration ◽  
Selling Process ◽  
Ownership Rights

The sale and purchase transaction in Badung Regency which was made by both parties was in the form of an agreement of hands, but one of the parties who broke a promise or could be called a default. The purpose of this research is to see the legal dangers of underhand trading on land ownership in Badung Regency. This research method uses empirical legal research. In practice, the implementation of binding purchases and purchases under land ownership rights is often carried out by several parties, one of which occurred in Badung Regency. The practice of buying and selling land carried out under the hand is not in accordance with government regulation Number 24 of 1997 concerning Land Registration, which requires that the sale and purchase be made with an authentic deed, and not under hand. However, the buying and selling process in Lukluk District, Mengwi District, Badung Regency is still ready for those who, the deed, because the fulfillment of the legal requirements for buying and selling under the UUPA is material, formal and cash, clear and sincere. In principle, in fine sales agreements and notaries will be a legal approach as law for them made. And also according to article 1320 of the Civil Code the validity of an agreement if, among others: There is an agreement, skills, certain matters, and valid reasons. And although according to lawful compliance with the requirements according to article 1320 of the Civil Code, the sale and purchase of land must be carried out before the prohibited authority (PPAT).

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.

6. Adverse Possession

2019 ◽  
pp. 181-216
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

scholarly journals Konflik Tanah Surat Ijo di Surabaya (Sebuah Perspektif Teoretik-Resolutif)

2016 ◽  
Vol 2 (2) ◽  
pp. 165
Author(s):  
Sukaryanto Sukaryanto
Keyword(s):  
Conflict Resolution ◽  
Conflict Of Interest ◽  
Social Economic ◽  
Land Ownership ◽  
Land Rent ◽  
Civil Suit ◽  
Mass Organization ◽  
Land Control ◽  
Ownership Of Land ◽  
Ownership Rights

Abstract : The control/ownership of land in Surabaya is marked by the unique phenomenon of surat ijo ; many residents in the municipalities life on state land. Entering Reform Ere (1999), most of the occupants were no longer abide to the existing regulations. Furthermore, solidarity within community of “tanah surat ijo” arises, and has led them to establish their own mass organization and fight for hak milik (HM, land ownership rights) over the land they occupy. It is thus unsurprising that conflict of interest has occurred between the two. Various efforts to resolve this conflict have been undertaken, including mediation and a civil suit, but these have been unsuccessful to date. Similarly, the enactment of Peraturan Daerah No. 16 Tahun 2014 (Surabaya Municipal By law No. 16 of 2014) was unable to resolve the conflict. This paper attempts to understand and explain the context of land control, ownership, and conflict over “tanah surat ijo” in Surabaya. As conclusion, that the system of “tanah surat ijo” -is a transformation of the colonial land rent system-has affected all aspects (be they social, economic political, cultural, or psychological) of its residents lives. Besides that, to promote conflict resolution, there must be a transformation in “tanah surat ijo” system; this requires the involvement, cooperation, and coordination between relevant ministries. Keywords : surat ijo, state land, resolution, conflict, SurabayaIntisari : Penguasaan/pemilikan tanah di Surabaya ditandai fenomena unik tanah surat ijo, yakni permukiman sebagian warga kota di atas tanah negara. Memasuki era Reformasi (1999) sebagian besar warga penghuni tidak lagi patuh pada peraturan yang berlaku. Bahkan, timbul solidaritas komunitas warga pemukim tanah surat ijo yang kemudian membentuk organisasi massa melakukan upaya untuk memperoleh hak milik atas tanahnya. Tak pelak, terjadilah konflik sosial antara keduanya. Berbagai upaya resolusi telah dilakukan mulai mediasi hingga di meja peradilan tertinggi belum bisa menyelesaikan. Demikian pula, pemberlakuan Peraturan Daerah No. 16 Tahun 2014 tentang pelepasan asset pun belum dapat mewujudkan resolusi konflik. Tulisan ini mencoba untuk memahami dan menjelaskan konteks penguasaan, kepemilikan, dan konflik atas tanah surat ijo di Surabaya. Sebagai simpulan, keberadaan tanah surat ijo –sebagai jelmaan sistem sewa tanah pada era kolonialtelah menimbulkan dampak di semua segi kehidupan warga penghuni, mulai aspek sosial, ekonomi, politik, hingga budaya/ psikologi. Selain itu, di dalam kerangka upaya mencapai resolusi konflik diperlukan perubahan system tanah surat ijo, untuk itu perlu keterlibatan, kerjasama, dan koordinasi antara beberapa kementerian yang terkait. Kata Kunci: surat ijo , tanah negara, resolusi, konflik, Surabaya

scholarly journals Perjanjian Pinjam Nama sebagai Bentuk Kepemilikan Tanah oleh Warga Negara Asing di Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 384-387
Author(s):  
I Komang Gede Suwanjaya ◽  
I Nyoman Sumardika ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Land Tenure ◽  
Land Ownership ◽  
Civil Code ◽  
Legal Research ◽  
The Law ◽  
The Government ◽  
Specific Regulation ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Formal Requirements

A nominee agreement is an agreement that has not been specifically regulated in the Civil Code, but grows and develops in the community. The agreement is included in a special agreement or often called an innominate agreement. Based on this background, this research was conducted with the aim of describing the arrangement of nominee agreements as a form of land ownership by citizens in Bali and the responsibilities of notaries in drafting agreement deeds for land tenure by foreign nationals in Bali. The research method used was normative legal research. Based on the results, it was revealed that there was no specific regulation regarding the nominee agreement which was regulated in the Civil Code. As long as the parties are able to carry out the agreement properly in accordance with the provisions of the law regarding the validity of the agreement and regarding land ownership rights that have been regulated in the Civil Code and the Basic Agrarian Law, the agreement is valid before the law. Furthermore, the responsibilities and duties of a notary have been regulated in the Law on Notary Position. the ownership of land by a foreigner based on a nominee agreement is an act that is prohibited or against the law. The violation of the articles referred to in Article 84 of the Notary Position Law is a guarantee of the formal requirements for making an authentic deed. The government must supervise this anonymous agreement because this agreement is legal smuggling. 

scholarly journals THE ROLE OF LAND DEED OFFICIAL REGARDING LEGAL CERTAINTY OF COMPLETE SYSTEMATIC LAND REGISTRATION

2020 ◽  
Vol 9 (1) ◽  
pp. 27
Author(s):  
Ricco Survival Yubaidi
Keyword(s):  
Land Ownership ◽  
Primary Data ◽  
Public Official ◽  
Legal Certainty ◽  
Literature Study ◽  
Governmental Regulation ◽  
Land Registration ◽  
Ownership Rights ◽  
Adjudication Committee

As an acceleration program for land registration in Indonesia that is directly led by the President, Complete Systematic Land Registration (PTSL) should provide a guarantee of legal certainty and protection regarding land ownership rights. However, in fact, the role of the land deed official (PPAT), as a public official who receives a mandate from the Governmental Regulation no. 24 of 1997 regarding Land Registration, is not found within the implementation of PTSL. The present research aimed to investigate the role of PPAT in the implementation of PTSL. Using normative legal approach, this study employed literature study to collect the primary data. This research found that PPAT does not have any role in regulatory legislation regarding PTSL. If we see Governmental Regulation no. 24 of 1997, all transfers occurring after the issuance of the regulation requires PPAT’s deed as written evidence of land ownership. The adjudication committee as the PTSL implementer supposes to collaborate with PPAT to make sure that PTSL meets the steps of juridical data collection in order to obtain an orderly, complete land registration that provides legal certainty regarding land ownership right.

7. Adverse Possession

2017 ◽  
Author(s):  
Mark P. Thompson ◽  
Martin George
Keyword(s):  
Human Rights ◽  
Land Ownership ◽  
Legal Aspects ◽  
Land Law ◽  
Right Of Action ◽  
Adverse Possession ◽  
The Right ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Relative Concept

According to Section 17 of England’s Limitation Act 1980, a person who loses the right to recover possession of land also loses his title to that land. The corollary is that the person who takes possession of the land acquires ownership rights. In cases where title is unregistered, English Land Law provides that ownership of land or, more accurately, estates in land, is a relative concept. In a dispute over entitlement to possession of land, the court must determine which of the two claimants has a better right to possess, rather than who is the owner. This chapter explains legal aspects of possessing land titles in England. After providing an overview of land ownership and possession, it discusses the rationale of the statute of limitation, the link between registered land and human rights, limitation under the Limitation Act 1980, the accrual of a right of action, and adverse possession.

scholarly journals ANALISIS PENYELUNDUPAN HUKUM KEPEMILIKAN HAK ATAS TANAH BAGI WARGA NEGARA ASING DENGAN CARA PELANGSUNGAN PERKAWINAN DENGAN WARGA NEGARA INDONESIA

PRANATA HUKUM ◽  
2017 ◽  
Vol 12 (2) ◽  
pp. 34-43
Author(s):  
RISTI DWI RAMASARI
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Civil Code ◽  
District Court ◽  
Foreign Nationals ◽  
High Court ◽  
Long Time ◽  
Ownership Of Land ◽  
Ownership Rights

Issues concerning the land can be prevented, at least to reduce the potential to avoid the cause, the problems are legal events, so the causes can be known and recognized by re-looking through existing legal ground view. From the problems in court, the process of settling the case takes a long time, sometimes for many years, it is because of the level of court that must be passed the District Court or Administrative Court, High Court, and Supreme Court.The problem in this paper is how the legal protection of land ownership rights for foreigners with the marriage with the citizens of Indonesia?egal protection of ownership of land rights for foreign nationals with marital sustainability with Indonesian citizens as a means of tenure of land ownership by foreign. By applying the nominee agreement, foreign nationals may control land as possessing land rights as Indonesian citizens. However, this agreement has not been regulated in Indonesia, especially the legal system of agreements set forth in the Civil Code (KUHPdt), so it is categorized into the category of legal smuggling of land ownership rights for foreigners. The legal effort to be taken in solving the problem of legal smuggling of land ownership rights for Foreigners with Marriage Sustainability with Indonesian Citizens is inseparable from the provisions of Article 1320 and Article 1338 of the Civil Code (KUHPdt).

scholarly journals Land Ownership In Islamic Perspective As Percieved By The Selected Land Owners Of Coconut Plantations In Malabang, Lanao Del Sur

2021 ◽  
Vol 2 (5) ◽  
pp. 424-434
Author(s):  
Arsalan A Diamaoden ◽  
Marwah M. Camama ◽  
Haimanah R. Abdulhakim ◽  
Wedad U. Ramos-Minodar ◽  
Zahiya B. Hadji Salih
Keyword(s):  
Social Systems ◽  
Group Discussion ◽  
Land Ownership ◽  
Beliefs And Practices ◽  
Islamic Perspective ◽  
Land Owners ◽  
Moral Economic ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
The Impact

 Islam is a practical religion where it does not stop at laying down certain principles. As in the case of land ownership, Islam ordained a system which provides people, both individual and social ownership rights are addressed equally. This paper attempts to examine the impact of Islamic principles on the values and practices of some Mёranaw land owners in Malabang, Lanao del Sur. This is also to find out the depth of awareness of the land owners regarding ownership and management from the Islamic perspective. The study aimed to further raise the awareness that Islam is not just a religion which calls for peace, but also aimed to address the needs of humanity with its spiritual, moral, economic and social systems.              The researchers used a qualitative research using the narrative approach. Field-based research was undertaken from focused group discussion, ocular visits to the area and personal interviews with the informants, including land owners, descendants, managers, and tenants. The general finding of the research concludes the land owners were aware that private ownership of land and property is not ‘absolute’ right rather it is a form of trusteeship given by God. And, there is a significant correlation between religion and values.  Thus, the influence of religion on land ownership and management has a great impact on shaping the beliefs and practices of the land owners which resulted peace within the community.

scholarly journals Effects Of Creation Deed of Sale and Purchase of Land Which Does Not Match Procedure of Making Land Deeds

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 857
Author(s):  
Fery Harjanto ◽  
Gunarto Gunarto
Keyword(s):  
Data Analysis ◽  
Land Ownership ◽  
Legal Certainty ◽  
Descriptive Data ◽  
Land Registration ◽  
Analysis Techniques ◽  
The Will ◽  
Ownership Rights ◽  
Proof Strength ◽  
Legal Consequences

Land registration is held to ensure legal certainty. The absence of legal certainty in land ownership rights will lead to the deed of sale of land that is unlawful, because it is made without going through the procedures of land deed that has been determined. The purpose of this study was to analyze the causes of the Deed of Sale and Purchase of Land that is not in accordance with the procedures of the Land Deed-making event and to analyze the legal consequences Deed of Sale and Purchase of Land that is not in accordance with the procedure of making the show. This study using sociological juridical approach with analytic descriptive data analysis techniques. Data collection was done by using the study of literature. The results showed that the factors causing the deed of sale of land that does not follow the procedure of deed of land caused by the confidence that is too high between the parties with PPAT, too many employment PPAT so the time to investigate is limited, lack of understanding PPAT to the provisions of the law, the value of the transaction so that PPAT follow the will of the parties, relationships and friendship factor. Based on data analysis concluded the legal consequences of land purchase deed which is not in accordance with the procedures of a deed is PPAT be dishonorably discharged, the deed of sale published degraded proof strength be deed under the hand and third parties can use this for their own interests.Keywords: Deed of Sale and Purchase of Land; Procedure for the Deed; Effects.

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