scholarly journals Sengketa Pendaftaran Hak Milik Atas Tanah

2020 ◽  
Vol 5 (2) ◽  
pp. 138-155
Author(s):  
Dewi Arnita Sari
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Land Rights ◽  
Active Role ◽  
Land Registration ◽  
Factors Affecting ◽  
Descriptive Research ◽  
Approach Method ◽  
The Government ◽  
Ownership Of Land

This journal aims to find about Ownership disputes land rights Related to land registration in Makassar city. The purpose of this study is : 1. to analyze the factors affecting the dispute over ownership of land that has been registered in Makassar. 2. to analyze how far the solutions are provided by the government in resolving ownership of land that has been registered.This research is descriptive research with empirical juridical approach method. Research method used is method by using primary and secondary data with data collecting technique that are interview and questionnaire. The population of this study are the employee office of the state land agency Makassar and public figure. Sample in this research is 30 respondents by using technique purposive sampling.The results of this study shownthat : (1). the factors affecting the dispute over ownership of land are Legal factors, law enforcement factors, facilities and infrastructure factors. (2). There are two solutions are provided by the government in resolving ownership of land, that was The national land agency facilitates to do mediation and Solutions through the judiciary, negotiations, and others Depending on the perpetrators leading in the direction of a good solution to them. Recommendation of this research is Government is expectedPlay an active role So that people did not have problems in dispute signs in the future, that is Increased administration to be more thorough in making land certificates In order to minimize the dispute. Developing the training in order to increase human resource of law enforcer, socialization to public can be held in great quantities and all of reinforced facility supplying so that all of factor whom can influence presence of proprietary right dispute for estate can be minimalized.Keyword : Ownership disputes land rights, land registration

scholarly journals Dynamics Of The Community In The Implementation Of Complete Systematic Land Registration Program In The Land Office Of Blora Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 163
Author(s):  
Nuryanto Nuryanto ◽  
Umar Ma'ruf
Keyword(s):  
Research Methods ◽  
Community Dynamics ◽  
Great Influence ◽  
Field Research ◽  
Secondary Data ◽  
Land Rights ◽  
Land Registration ◽  
Descriptive Research ◽  
Library Research ◽  
The Government

The birth of a complete systematic land registration program is expected to reduce the level of land problems faced by the government, especially in fulfilling land rights and accelerating the making of land certificates for the community. In this research, the formulation of the problem proposed is how is the dynamics of the community in implementing a complete systematic land registration in Blora Regency?. This study uses a sociological juridical approach to the type of analytical descriptive research. The data used for this study are primary and secondary data taken by library research methods, field research, and interviews. Based on the results of the study concluded that the dynamics of the community towards the implementation of the PTSL program by looking at the benefits of the program which has a great influence on the welfare of the community. In an effort to realize the welfare of the community, the community receiving land certificates through PTSL can be mobilized together to make various productive businesses that are expected to improve the community's economy.Keywords: Community Dynamics; Complete Systematic Land Registration; Land Office.

Pengukuran Pihak Ketiga Pasca Asas Contradictoire Delimitatie di Kabupaten Sidoarjo dan Pasuruan

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari
Keyword(s):  
Secondary Data ◽  
Third Parties ◽  
Third Party ◽  
Problem Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Descriptive Approach ◽  
The Government ◽  
Ownership Of Land

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.

scholarly journals PENDAFTARAN TANAH DENGAN ALAS HAK JUAL BELI DI BAWAH TANGAN PADA PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) (Studi Pada Kantor Pertanahan Kabupaten Lima Puluh Kota)

2020 ◽  
Vol 3 (1) ◽  
pp. 40-54
Author(s):  
Donald Andrean
Keyword(s):  
Task Force ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Field Studies ◽  
Primary Data ◽  
Legal Certainty ◽  
Land Registration ◽  
City District ◽  
The Government

In civil law, land is included in registered objects. Therefore ownership of land rights must be registered, for legal certainty. Land registration is regulated in PP No. 24 of 1997 concerning Land Registration. However, there are still many lands that have not been registered, to overcome this the government has issued a comprehensive systematic land registration program (PTSL) based on Minister of Agrarian Regulation No. 6 of 2018. The aim of this program is to provide legal certainty and legal protection for land rights owned by the community. The Complete Systematic Land Registration Program (PTSL) provides an opportunity for people who have not registered their land that is located throughout Indonesia in one village or village area. As in the Lima Puluh Kota Regency, there are still many lands that have not been registered, the people obtained them from buying and selling under their hands.The formulation of the problem in this thesis is firstly how is the land registration procedure with the basis of under-selling rights of purchase under the complete systematic land registration program (PTSL) at the fifty-city district land office ?; second, what are the obstacles in the implementation of land registration on the basis of the right to buy and sell under the complete systematic land registration program (PTSL) at the fifty-city district land office? The specification of this research is analytical descriptive, with a normative juridical approach, which is supported by an empirical juridical approach. The data used are secondary data as primary data and primary data as support, which are collected through literature studies and field studies with interview techniques. The data is then analyzed qualitatively and presented in a qualitative descriptive form. The results of the research and discussion of this thesis can be concluded that the procedure of land registration with the basis of the rights under the hand in the PTSL program in fifty cities is carried out with the stages of planning, location determination, preparation, formation and establishment of the PTSL adjudication committee and task force, counseling, physical data collection and collecting juridical data, researching juridical data for proving rights, announcing physical and juridical data and ratifying it, affirming conversion, recognizing rights and granting rights, accounting for rights, issuing certificates of land rights, documenting and submitting the results of activities and reporting.

scholarly journals Preserving small lakes, lakes, public ponds, and reservoirs as state property through land registration

2020 ◽  
Vol 2 (2) ◽  
pp. 203-216
Author(s):  
Hadi Arnowo
Keyword(s):  
Qualitative Data ◽  
Secondary Data ◽  
Land Rights ◽  
Environmental Damage ◽  
Legal Basis ◽  
Small Lakes ◽  
Buffer Zones ◽  
Land Registration ◽  
Maintenance System ◽  
The Government

The existence of small lakes, lakes, public ponds, and reservoirs for the Indonesian people is significant and has been used for various basic needs. The conditions of small lakes, lakes, public ponds and reservoirs generally show negative tendency namely pollution, silting, environmental damage and even some of them have been shifted function to land. This study aims to determine the importance of land registration for small lakes, lakes, public ponds, and reservoirs. The research method is descriptive qualitative. Data was collected through field observation for several samples and secondary data collection for several cases. Furthermore, the data are analyzed empirically by referring to the regulations and practices of the policy. The results obtained indicate that the sustainability of situ, lakes, reservoirs, and reservoirs (SDEW) is disturbed due to human activities. Land registration is one of the efforts to protect the existence of these public water areas. However, not all public water areas can be registered because of their land status. The area of ​​public water to be registered includes the surface area of ​​the water and its buffer zones. The stages of land registration for the area, lakes, reservoirs, and reservoirs are generally the same as for other land registrations. Following the registration of land for the territorial waters, the holder of land rights must actively maintain the control boundary and monitor the physical condition of the lake, reservoirs, and reservoirs from illegal exploitation efforts. In addition, the Government and Regional Governments must be able to raise community participation in maintaining territorial waters and establish cooperation with other parties related to the provisions governed by laws and regulations. This study concludes that land registration for the SDEW area is beneficial due to the improved management, monitoring, and maintenance system through the availability of accurate data and the strong legal basis.

scholarly journals Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

2021 ◽  
Vol 6 (2) ◽  
pp. 217
Author(s):  
M. Syuib ◽  
Sarah Diana Aulia
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Legal Certainty ◽  
Large Area ◽  
Land Registration ◽  
Land Dispute ◽  
Land Disputes ◽  
Legal Uncertainty ◽  
The Government ◽  
Ownership Of Land

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.

scholarly journals Law Enforcement of Corruption Cases Through a Participatory Society as an Effort to Protect Constitutional Rights

Corruptio ◽  
2021 ◽  
Vol 2 (2) ◽  
pp. 99-112
Author(s):  
Diya Ul Akmal ◽  
Pipih Ludia Karsa ◽  
Syafrijal Mughni Madda
Keyword(s):  
Law Enforcement ◽  
Essential Role ◽  
Secondary Data ◽  
Active Role ◽  
Court Decisions ◽  
Constitutional Rights ◽  
Legal Method ◽  
The Law ◽  
The Government ◽  
Laws And Regulations

A participatory society can play an essential role in the prosecution of corruption cases. By providing information on alleged corruption, a participatory community can assist anti-corruption institutions so that corruption as an extraordinary crime can be eradicated as a means of enforcing people's constitutional rights. The authors attempt to perceive things by defending constitutional rights from a societal standpoint, a right of citizens who have had their rights violated by acts of corruption. The method used in this research is a normative legal method that refers to the norms in the laws and regulations, court decisions, and social society.  The data used is secondary data obtained from various sources with appropriate and relevant topics so that it becomes chaotic in discussing related problems. The community's active role in uncovering corruption cases is part of the obligation to break the chain of corruption and fulfil citizens' rights to enforce the law. The amount of budget allocated for disclosing corruption cases is leading the government to protect citizens' constitutional rights from the threat of corruption. Although the handling is still considered unsuccessful because many cases have not been revealed, the efforts made deserve to be recognised.

scholarly journals DISKRIMINASI PENEGAKAN HUKUM DALAM PENANGANAN PENCURIAN ARUS LISTRIK DISTRIK DILI NEGARA REPUBLIK DEMOKRAT TIMOR-LESTE

2017 ◽  
Vol 6 (2) ◽  
pp. 237
Author(s):  
Nuno Saldanha Da Silva Fatima ◽  
Karolus Kopong Medan ◽  
Saryono Yohanes
Keyword(s):  
Law Enforcement ◽  
Secondary Data ◽  
Electrical Energy ◽  
East Timor ◽  
Primary Data ◽  
Descriptive Research ◽  
Timor Leste ◽  
The Government ◽  
Transmission And Distribution ◽  
Level Group

Law enforcement discrimination in handling the theft of electric flow in Dili District of Timor Leste, about the treatment to fellow citizes (discrimination) because the people’s welfare must be the highest law in a country “salus publika supreme lex”. This research is an empirical yuridical law research. This is descriptive research by using primary data and secondary data. The result of this research indicate that every service given by the government through electricidade de Timor Leste (EDTL) as electrical energy distributor starting from the generation of transmission and distribution of electrical energy which become the source of supply to all society that widespread in Dili District of East Timor. In fact, deviates from the mandate of constitution which exist for the welfare of people. The deviations that occur are followed up by unfair law action toward the various level/group that exist in the society as the costumer. Injustice in handling is basically due to the interference of power both economic or political. Diskriminasi Penegakan Hukum Dalam Penanganan PencurianAliran Listrik Di Distrik Dili Timor-Leste, tentang perlakuan terhadap sesama warga negara secara (Diskriminasi) karenakesejahteraan rakyat harus menjadi hukum tertinggi dalam suatu negara “salus publica suprema lex”. Penelitian ini merupakan penelitianhukum yuridis Empirik. Sifat penelitian ini adalah deskriptif yang mempergunakan data primer dan data sekunder.Hasil penelitian nenunjukan bahwa Setiap pelayanan yang diberikan pemerintah melalui Electricidade de Timor Leste(EDTL) sebagai penyalur energi kelistrikan mulai dari pembangkitan transmisi dan distribusi energi listrik yangmenjadi sumber pasokan ke seluruh masyarakat yang menyebar luas di Distrik Dili Timor Leste pada kenyataanya menyimpang dari amanat konstitusi yang ada untuk kesejahteraan rakyat. Penyimpangan yang terjadi ditindaklanjuti dengan tindakan hukum yang  tidak adil terhadap berbagai tingkatan/golongan yang ada dalam masyarakat sebagai pelanggan. Ketidakadilan dalam penanganan yang semestinya pada dasarnya terjadi karena adanya interfensi kekuasaan, baik ekonomi maupun politik.

scholarly journals Penegakan Hukum Lingkungan yang Seimbang (Studi Kasus Pembakaran Hutan)

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 115-125
Author(s):  
Aminah AMINAH
Keyword(s):  
Law Enforcement ◽  
Forest Fires ◽  
Economic Impacts ◽  
Human Life ◽  
Secondary Data ◽  
Ecological Impacts ◽  
Environmental Damage ◽  
Approach Method ◽  
The Government ◽  
The Concept Of Law

The environment has various functions and is very important for human life, so the Government makes legislation and enforces its law to maintain the function of the environment. Although law enforcement has been carried out, many environmental cases cannot be resolved so that pollution and environmental damage often occur in Indonesia. This research wants to know whether law enforcement in Indonesia has not yet realized the balance and how the concept of law enforcement is balanced. The approach method used by Juridical normative with analytical descriptive specifications, uses primary and secondary data and analysis using explanation building analysis. From the results of the study, it was found that Law Enforcement in Indonesia has not yet realized a balance, especially in law enforcement in cases of forest fires that have proven that forest fires repeatedly occur and have a good impact in the form of ecological impacts, economic impacts and sociological impacts, this is caused by various constraints of law enforcement Administration, civil or criminal.

scholarly journals Permanent Grant of Land Certificate for Adat People, is it Possible?

2021 ◽  
Vol 10 ◽  
pp. 1245-1255
Author(s):  
Yusuf Zamil ◽  
Keyword(s):  
Legal Protection ◽  
Land Rights ◽  
Land Ownership ◽  
Positive System ◽  
Registration System ◽  
Legal Entity ◽  
Land Registration ◽  
The Government ◽  
Ownership Of Land ◽  
Legal Entities

Adat peoples mean the original inhabitants or the first inhabitants of a country or the earliest population's descendants lived in the area. All this time, adat people in Indonesia have always been marginalized and banished from their homeland. Companies that acquired investment permits from the government often dismiss the adat peoples for their interests. This dismissal occurs due to the absence of proof for the collective land ownership (ulayat land), which is used and utilized collectively and communally. This article discusses the possibility of permanently grant the land certificates to provide legal protection for the adat peoples. Granting a certificate of land rights is possible if the government changes the land registration system from the negative to the positive system (torrens system). Adat peoples may acquire land certificates if they are considered as a legal entity. According to Indonesian law, only individuals or legal entities can register ownership of land. To make adat people a legal entity is by making regulations by the Minister of Agrarian and Spatial Planning which states that adat people in certain areas who have met the requirements are declared as legal entities.

scholarly journals ROLE OF LAND DEED OFFICIALS IN LEGAL SATISFACTION GUARANTEE FOR COMPLETE SYSTEMATIC LAND REGISTRATION

2020 ◽  
Vol 5 (1) ◽  
pp. 49-57
Author(s):  
Ayu Citra Santyaningtyas ◽  
Rico Zubaidi
Keyword(s):  
Government Regulation ◽  
Legal Protection ◽  
Secondary Data ◽  
Land Rights ◽  
Public Official ◽  
Literature Study ◽  
Land Registration ◽  
Ownership Of Land ◽  
Adjudication Committee

Complete Systematic Land Registration (PTSL) as an accelerated land registration program in Indonesia led directly by the President needs to provide assurance and legal protection of ownership of land rights. PTSL in this case is assigned to the Adjudication Committee which functions as the executor of PTSL according to the Regulation of the Minister of Agrarian/Head of the National Land Agency. PPAT as a public official mandated by Government Regulation Number 24 of 1997 concerning Land Registration in fact could not be found its role in the implementation of PTSL both outside and within the Adjudication Committee. This study aims to examine the role of PPAT that exists and should be present in the implementation of PTSL. The research methodology used is normative legal research with literature study in primary and secondary data collection. The results of the study found no role for PPAT in PTSL legislation. If referring to Government Regulation No. 24/1997, all transitions after the birth of this regulation require a PPAT deed as written evidence of ownership or transfer of land rights. The Adjudication Committee as the executor of PTSL should coordinate with PPAT to ensure that PTSL meets the legal data research stage so that an orderly, complete registration of land is achieved and provides legal certainty of ownership of land rights.

Sign in / Sign up

Export Citation Format

Share Document