scholarly journals PENERTIBAN DAN PENDAYAGUNAAN TANAH TERLANTAR DALAM RANGKA PENATAGUNAAN TANAH DI KOTA TARAKAN

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Cariono Cariono
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Acquisition ◽  
Normative Approach ◽  
The Republic ◽  
The Government ◽  
And Control

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

scholarly journals HARMONISASI REGULASI KEPEMILIKAN TANAH PERTANIAN SECARA ABSENTEE BAGI PEGAWAI NEGERI DALAM PROGRAM LANDREFORM

2019 ◽  
Vol 26 (2) ◽  
pp. 281
Author(s):  
Yunizar Wahyu Tristanto
Keyword(s):  
Land Reform ◽  
Government Regulation ◽  
Agricultural Land ◽  
Agricultural Soils ◽  
Land Ownership ◽  
Civil Servants ◽  
Start Time ◽  
The Government ◽  
Legal Subjects ◽  
And Control

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.

scholarly journals Evaluasi Pengadaan Tanah Skala Kecil dengan dan tanpa Penetapan Lokasi di Kabupaten Sleman

2021 ◽  
Vol 1 (1) ◽  
pp. 61-75
Author(s):  
Wenny Yolanda Ratna Sari ◽  
Priyo Katon Prasetyo ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Government Regulation ◽  
Large Scale ◽  
Implementation Process ◽  
Land Acquisition ◽  
Small Scale ◽  
Infrastructure Development ◽  
Advantages And Disadvantages ◽  
Land Availability ◽  
The Government

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).

scholarly journals Analysis of Revocation of Land Rights by the Government Reviewed from the Concept of Loss

Cepalo ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 63
Author(s):  
Natasha Marcella Geovanny ◽  
Marchelina Theresia ◽  
Devina Felicia Widjaja
Keyword(s):  
Land Tenure ◽  
Real Life ◽  
Land Rights ◽  
The State ◽  
Literature Study ◽  
Social Functions ◽  
The Social ◽  
The Republic ◽  
The Government

The control of land by the state is stated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD 1945). Based on this article, it means that the State has authority over land tenure, this encourages the writing of a journal on the application of social functions and the determination of compensation that occurs in the land sector. This research was conducted because the authors see that there are still many disputes related to the implementation of the social function itself and the application of the determination of compensation as stipulated in the provisions relating to this matter it is caused because the application in real life has not been running optimally. This study aims to find out how the government’s authority should be for land tenure and its relation to social functions and the determination of compensation. The location used as a case study is located in Batu Jaya Village, Tangerang City. Data collection is done by interviewing several related parties and also conducting a literature study by finding sources related to government authority over land tenure, the concept of social functions, and the determination of compensation. The results of this study indicate that the government has the power to grant land rights and revoke land rights in the public interest.

scholarly journals PERLINDUNGAN HUKUM BAGI PEMEGANG HAK ATAS TANAH DALAM PENETAPAN GANTI RUGI TERKAIT DENGAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM

Yuridika ◽  
2012 ◽  
Vol 27 (3) ◽  
Author(s):  
Rizky Amalia
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Government Agency ◽  
Economic Life ◽  
Land Acquisition ◽  
Government Agencies ◽  
The Government

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.

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

2019 ◽  
Vol 2 (3) ◽  
pp. 51-60
Author(s):  
Mahli Ismail
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Customary Law ◽  
Land Acquisition ◽  
General Terms ◽  
Absolute Requirement ◽  
The Government ◽  
Set Up ◽  
And Control

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.

scholarly journals Legal Assurance and Legal Protection in Land Registration in Indonesia

2019 ◽  
Vol 3 (1) ◽  
pp. 48
Author(s):  
Suharyono Suharyono
Keyword(s):  
Government Regulation ◽  
Legal Status ◽  
Legal Protection ◽  
Third Party ◽  
Legal Certainty ◽  
Land Registration ◽  
Land Site ◽  
Land Title ◽  
The Republic ◽  
The Government

Legal assurance to protect the owner of the land title has been the main objectives of the 1997 Government Regulation No. 24. However, in reality, the objectives above cannot be spelled due to the negative publication system of land title registration regulated by the regulation above. The loophole the system has, inter alia, concerns with the actual or the correctness of land site or the physical data of the land.  As a result, a conflict will not be prevented between or amongst the true land deed holder, land rights holder and the third party. If the case is brought before the court, the further consequence is that the verdict will declare the cancelation of or invalidity of the land deed. Then the legal status of the land deed will become uncertain and landowners will lose their rights without getting any protection from the State.  The problem raised in this article regarding the negative system of land registration in the 1997 government regulation no. 24 does not provide legal protection for the landowner who has already land certificate. The results of the study showed that there were two different values of legal certainty and legal protection manifested in the Government Regulation No. 24 of 1997 and those of legal certainty and legal protection as mandated by the 1945 Constitution of the Republic of Indonesia.  Therefore it is not superfluous to state that legal certainty and legal protection are intended and regulated by Government Regulation No.24 of 1997 which is in contradictory to the manifested value of legal certainty and legal protection guaranteed by the 1945 Constitution

scholarly journals Legal Protection of Land Tenure by Foreign Investors through Nominee Agreement in Bali, Indonesia

2021 ◽  
Vol 10 ◽  
pp. 589-594
Author(s):  
Simon Nahak ◽  
◽  
I Nyoman Putu Budiartha
Keyword(s):  
Law Enforcement ◽  
Land Tenure ◽  
Government Regulation ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Foreign Investors ◽  
Spiritual Community ◽  
The Republic ◽  
Tourism Services

This paper aims to describe legal protection as the provision of legal certainty to every citizen, individual or legal entity, to fight for and/or defend their rights and obligations by law enforcement officers and/or authorized officials in a certain place. More specifically, the analysis was conducted by using the socio-legal approach to examine the legal protection of land tenure by foreign investors through the nominee agreement in Bali, Indonesia. Moreover, the method was also done by using a normative approach through the analysis of legal matters in Indonesian laws. The legal basis is regulated in the basic constitutional provisions of the 1945 Constitution of the Republic of Indonesia, the Criminal Code, the Civil Code, the Basic Agrarian Law, the Environmental Act, Tourism Act, Investment Act, Government Regulation No. 41 of 1996 concerning ownership of residential houses or dwellings by foreigners domiciled in Indonesia. The results showed that there is no exception to foreign investors who contribute to the community also get legal protection. To carry out these investment activities requires land that is sometimes controlled by using nominee. The nominee is someone who acts for and on behalf of another party as the endorsee/guardian, agent/representative of the nominee/simulation/fake agreement. Sociological outlook showed that the sociological basis of Balinese society consists of a spiritual community that upholds local culture because many foreign citizens visit and reside because they want to take a vacation to visit the tourist area and find work in Bali, especially working in the field of tourism services and other fields of work that revive the community in Bali.

scholarly journals PENERAPAN LARANGAN PEMILIKAN TANAH PERTANIAN SECARA ABSENTEE

2019 ◽  
Vol 3 (2) ◽  
pp. 159
Author(s):  
Chandra Dewangga Marditya Putra
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Land Ownership ◽  
Agricultural Lands ◽  
Farming Community ◽  
Reform Program ◽  
The Government ◽  
And Control

Untuk menjadikan masyarakat tani yang adil dan makmur maka pemerintah melalui program landreform yang meliputi perombakan mengenai kepemilikan dan penguasaan tanah serta hubungan-hubungan hukum yang bersangkutan dengan penguasaan tanah. Sesuai dengan Pasal 10 ayat (1) Undang-Undang Pokok Agraria telah mengamanahkan terkait larangan kepemilikan atas tanah pertanian secara absentee. Dengan adanya ketentuan tersebut diharapkan para pemegang hak atas tanah pertanian dapat mengusahakan atau mengerjakan sendiri tanah yang dimilikinya sehingga tanah-tanah pertanian memang menjadi produktif dan tidak terdapat tanah pertanian yang di biarkan atau absentee. Tujuan larangan absentee agar hasil yang diperoleh dari pengusahaan tanah sebagian besar dapat dinikmati oleh masyarakat desa tempat letak tanah. Fenomena larangan tanah absentee/guntai secara nyata terjadi, tetapi tidak dilakukan sanksi yang tegas.Kata kunci: absentee, kepemilikan hak atas tanah, pertanian, sanksi. To make a fair and prosperous farming community, the government through a Land Reform program which includes a reshuffle of land ownership and control as well as legal relations concerned with land tenure. In accordance with Article 10 paragraph (1) the Basic Agrarian Law mandates Absentee prohibitions on ownership of agricultural land. With the existence of these provisions it is expected that holders of agricultural land can cultivate or work on their own land so that agricultural lands are indeed productive and there is no agricultural land that is left or Absentee. The purpose of the Absentee ban is that the results obtained from the cultivation of land can be enjoyed mostly by rural communities where the land is located. The phenomenon of the prohibition of Absentee / guntai land actually occurred, but no strict sanctions were made.Keywords: absentee,ownership of rights to land, agriculture, sanctions.

scholarly journals Legal Analysis of Fingerprint Formation in the Original Deed of Land Deed Official (PPAT)

2020 ◽  
Vol 7 (6) ◽  
pp. 135
Author(s):  
Siti Humaero Rukmana ◽  
Amiruddin Amiruddin ◽  
Sahnan Sahnan
Keyword(s):  
Research Methods ◽  
Government Regulation ◽  
Legal Protection ◽  
Legal Analysis ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Creation ◽  
The Republic ◽  
The Government ◽  
Legal Force

This research aims to analyze the formation of fingerprints in the deed of Land Deed official (PPAT). According to Government Regulation of the Republic of Indonesia number 24 of 2016 about the amendment of Government Regulation No. 37 of 1998 about department Regulation (PPAT) Land deed official. In the event that the fingerprint of the the appearers on this PPAT deed there is an empty norm, because in the Government Regulation of the Republic of Indonesia number 24 of 2016 about the amendment of Government Regulation No. 37 of 1998 on department rules Land deed Office (PPAT), not listed in the article on the formation of fingerprints on the original deed of PPAT. Apart from this, it is also questionable about the legal force of the The Appearers fingerprint on the PPAT deed in terms of providing legal protection to PPAT that prints fingerprints on the deed which is made. The problem is how the concept of fingerprint formation in the creation of the original deed of PPAT and what is the juridical implication on the formation of fingerprints in the original deed of PPAT. This research aims to determine the concept of fingerprint formation in the creation of the original deed of PPAT and to know the juridical implications for the formation of fingerprints in the original deed of PPAT. This method of research uses normative legal research methods. The approach used is the of approach, and the conceptual approach. The results of this study are the first the creation of fingerprints is only in accordance with law No. 2 of 2014 on the amendment of law No. 30 of 2004 on the Department of notary, found in article 16 paragraph (1) C which is "to attach letters and documents as well as fingerprint in the deed minuta", so that this rule only applies to notaries instead of PPAT. While in the regulation of the Department of PPAT, there is no rule on the formation of fingerprints in the PPAT deed but in practice many PPAT put fingerprints on the PPAT deed. To attach the appearer to the original deed PPAT aims to anticipate if a time when the complainers deny his or her signature to the original deed of PPAT, then as evidence for additional use of the appearer. So it should be made a provision or regulation of legislation that set it. Second according to the PPAT formation of fingerprints, of course, can be, in addition to no rules advocating, there are no rules that prohibit and there is no sanctions if a fingerprint in the PPAT deed, especially if the complainant does not feel the objection to fingerprint in the deed.

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Rakhmat Bowo Suharto
Keyword(s):  
Sustainable Development ◽  
Welfare State ◽  
Spatial Planning ◽  
Legal Protection ◽  
Spatial Development ◽  
Administrative Sanction ◽  
The Government ◽  
The Welfare State

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

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