scholarly journals Kesadaran Hukum Masyarakat Dalam Pendaftaran Tanah-Tanah

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Adi Israfil Fahrurrahman

The purpose of this study was to determine and analyze the legal awareness of the community in the registration of customary land rights, with location points in two villages, namely Desa Doridungga and Desa O'O in Donggo District, Bima-NTB Regency, in the perspective of Land law and and analyzing the obstacles faced by communities in registering customary land rights at the Bima District Land Office. The research method used is a Socio-legal research that is oriented to a value approach (value-oriented approach). Empirical / sociological research is used to find out what and how public awareness in registering customary land rights is related to the implementation of land registration in the Land Agency Office of Bima-NTB Regency. The results of the research conducted were the level of community legal awareness in the context of registering customary land rights in Bima Regency, generally and in particular, Donggo District. This is due to the lack of several aspects, namely, lack of legal knowledge, legal understanding, legal attitudes, and community behavior patterns. The obstacle faced by the people of O’O Villagers and Desa Doridungga in registering customary land rights is the lack of socialization from the local government regarding proper procedures for registering customary land rights. As well as the level of legal awareness of the villagers of O'O and Desa Doridungga to carry out sporadic land registration as a result of the wrong mindset about the importance of land registration

Jurnal Akta ◽  
2018 ◽  
Vol 5 (4) ◽  
pp. 975
Author(s):  
Widyawati Widyawati ◽  
Widhi Handoko

The purpose of this study: 1) to analyze the Notary role / PPAT in raising legal awareness in the registration of land rights in Pati Regency, according to Government Regulation No. 24 of 1997 on Land Registration. 2) to analyze the obstacles and solutions role of the Notary / PPAT in increasing of public awareness for the registration of land rights in Pati regency. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by descriptive analytical method.Based on the results of data analysis concluded that: the role of the Notary / PPAT in increasing of public awareness for the registration of land rights in Pati Regency, according to Regulation No. 24 of 1997 on Land Registration can be said to have not been successful, due to the lack of socialization of Notary / PPAT up to the suburbs Pati city where people still common law. Barriers Notary / PPAT in increasing of public awareness for the registration of land rights in Pati regency namely external and internal factors. The solution Notaries should cooperate with other parties for the success of socialization, such as cooperation with the press.Keywords: Notary Role; Socialization; Legal Understanding.


2021 ◽  
Vol 1 (2) ◽  
pp. 165-183
Author(s):  
Melatul Aliyah ◽  
Fifik Wiryani ◽  
Isdian Anggraeny

This study aims to find out all procedures for the transfer of rights to ex-customary land that have not been certified along with the requirements that must be completed to register the transfer of rights to ex-customary land that has not been certified as well as to find out the problems faced by the people of Ambit Village related to the registration of the transfer of rights to land. former customs and solutions for their solutions. The research method used is field research with an empirical juridical approach that is based on field research and interviews and is adapted to legal conditions. The results of the study can be concluded that the registration of the transfer of rights to former customary land that has not been certified in Ambit Village has been carried out in accordance with the provisions of the government regulation of land registration No. 24 of 1997. There are several problems that arise in the process of registering the transfer of rights to former customary land that has not been certified, such as land parcels that are still in dispute and there is no proof of SPPT PBB payment from the previous owner. It can be concluded that the community must follow the procedure and register their land with complete required documents and pay taxes on time. Abstrak Penelitian ini bertujuan untuk mengetahui seluruh prosedur peralihan hak atas tanah bekas adat yang belum bersertifikat beserta persyaratan-persyaratan yang harus dilengkapi untuk mendaftarkan peralihan hak atas tanah bekas adat yang belum bersertifikat serta mengetahui permasalahan yang dihadapi oleh masyarakat Desa Ambit terkait dengan pendaftaran peralihan hak atas tanah bekas adat beserta solusi penyelesaiannya. Metode penelitian yang digunakan adalah penelitian lapangan dengan pendekatan yuridis empiris yang didasarkan pada penelitian lapangan dan wawancara serta disesuaikan dengan keadaan hukum. Hasil penelitian dapat disimpulkan bahwa Pelaksanaan pendaftaran peralihan hak atas tanah bekas adat yang belum bersertifikat di Desa Ambit telah dilaksanakan sesuai dengan ketentuan peraturan pemerintah pendaftaran tanah No. 24 Tahun 1997. Terdapat beberapa permasalahan yang timbul dalam proses pendaftaran peralihan hak atas tanah bekas adat yang belum bersertifikat seperti bidang tanah masih dalam keadaan sengketa serta tidak ada bukti pembayaran SPPT PBB dari pemilik sebelumnya. Dapat disimpulkan bahwa masyarakat harus mengikuti prosedur dan mandaftarkan tanahnya dengan dokumen persyaratan lengkap serta membayar pajak tepat waktu.


Author(s):  
Muhammad Aidil Hanafi ◽  
Md. Yadi Harahap ◽  
Ramadhan Shahmedi Siregar

Waqf is one of the Islamic philanthropy that carries the common interest. In the order of life, the Muslim community in the district of Berampu, Dairi district, is a Muslim minority. But even so, the spirit and practice of carrying out their religion is very strong. In this regard, including the concern is the spirit of the community to develop and increase the benefits of ulayat land, ulayat land is also waqf.This research aims to Knowing the position of ulayat land as an object of waqf by the people of Berampu sub-district, Dairi district in terms of Law No. 41 of 2004. To answer these problems, a field research was conducted with a qualitative research analysis model which was analyzed through a positive legal theory approach and Islamic law. Based on the results of the study it is known that the implementation of customary land waqf carried out by the people of the Berampu sub-district, as the researchers described earlier is not in accordance with Law No. 41 of 2004 concerning waqf. This is because 1)Customary land is not an object of waqf. This can be seen in PP No. 24 of 1997 in lieu of PP No. 10 of 1961 which states that customary land is not the object of land registration, while in PP no. 24 of 1997, waqf land is the object of land registration. So from this it can be seen that ulayat land is not actually an object of waqf. Because the object of waqf is land that has been registered in accordance with applicable regulations. 2) The practice of waqf carried out by the community of Berampu sub-district, Dairi Regency, is still mostly done verbally and not before PPAIW and is only based on mutual trust without any irar waqf deed as authentic evidence that the land has been waqfed for use in the public interest. As for the factors that cause the practice of waqf of ulayat land in Berampu sub-district, Dairi district are 1) Lack of public knowledge about waqf regulations in Indonesia. 2) The community still holds strongly to customs and habits that have been passed down from generation to generation. 3) The desire of the community to do charity through waqf institutions but not accompanied by knowledge.  


2019 ◽  
Vol 5 (2) ◽  
pp. 222-229
Author(s):  
Oloan Sitorus

Abstract: What land registration concept is suitable for Tanah Ulayat (Petuanan Land)? This question is relevant to be answered when the actual conditions of tenurial of the Petuanan Land have undergone an individualization process. The above question is answered by applying the concept of land registration to the actual conditions of customary land tenure. For Petuanan Land which is still intact containing public authority and private right, the proper concept of land registration is only limited to the Land Register. Furthermor, Petuanan Land that has undergone the process of individualization into Tanah Marga or Soa and individual land, the concept of land registration can be carried out up to the issuance of certificates as proof of land rights. Thus, the portion of Petuanan Land that can be the object of Complete Systematic Land Registration in Maluku Province is Petuanan Land that has undergone a process of individualization, can be land that is possessed or owned  by traditional village (although very rare), clan or soa. Intisari: Pendaftaran Tanah yang bagaimanakah yang tepat bagi Tanah Ulayat (Tanah Petuanan) di Maluku? Pertanyaan ini dipandang relevan untuk dijawab ketika kondisi aktual penguasaan Tanah Ulayat (Tanah Petuanan) itu sudah mengalami proses individualisasi. Pertanyaan di atas dijawab dengan cara menerapkan konsep pendaftaran tanah terhadap kondisi aktual penguasaan tanah ulayat. Bagi Tanah Petuanan yang masih utuh berisi kewenangan publik dan privat, konsep pendaftaran tanah yang tepat hanyalah sebatas Daftar Tanah. Selanjutnya, Tanah Petuanan yang sudah mengalami proses individualisasi menjadi Tanah Marga atau Soa dan Tanah Individual, maka konsep pendaftaran tanah dapat dilakukan sampai pada penerbitan sertipikat sebagai bukti hak atas tanah. Dengan demikian, bagian dari Tanah Petuanan yang dapat menjadi objek Pendaftaran Tanah Sistematik Lengkap di Provinsi Maluku adalah Tanah Petuanan yang sudah mengalami proses individualisasi, dapat berupa tanah yang dikuasai oleh negeri (meskipun sangat jarang), tanah yang dikuasai marga atau soa, dan tanah yang dikuasai oleh perorangan.


2018 ◽  
Vol 1 (2) ◽  
pp. 265-277
Author(s):  
Muhammad Arfan Harahap ◽  
Muhammad Hafizh ◽  
Nurzukhairi Syafitri ◽  
Riska Ayu Nanda Putri

    Zakat is an instrument that can be used to overcome social problems, so awareness is needed in paying zakat. This study aims to analyze the effect of the level of awareness of the people of Tanjung Pura District on the obligation to pay zakat. This type of quantitative research is used in this study using linear regression analysis with the help of theprogram SPSS 16.0. Research data in the form of primary data obtained through the distribution of questionnaires to 100 respondents. The results showed that there was a significant effect between the independent variable (level of public awareness) on the dependent variable (zakat obligation). Where in the test of the coefficient of determination there is a value of sig < (0.000 < 0.025), and the value of R2 = 0.866. The findings in this study that the obligation of zakat is influenced by the level of public awareness of 86.6% and the rest is influenced by other factors that are not included in the model.    


Author(s):  
Hafiz Al Hakim ◽  
Point Aminah ◽  
Idham I ◽  
Feby Milanie ◽  
Andri Saifannur Saifannur

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.


Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 425
Author(s):  
Kusdyastuti Pratiwi ◽  
Munsharif Abdul Chalim

The purpose of this study was to identify and analyze: 1) Implementation of Land Rights Application Based Grants for Children Under Age in Purwokerto. 2) Barriers to Land Rights Application Process. 3) solution or an attempt to overcome barriers that arise in the Land Rights Application Process Based Grants for Children Under Age in Purwokerto.The approach method in this research is juridical empirical research that emphasizes the behavior of individuals or communities in connection with the law. The data used are primary and secondary data obtained through interviews and literature, while the method of data analysis was done with descriptive and qualitative analysis.Results of the research can be concluded: 1) Implementation of Land Rights Application Based Grants for Children Under Age in Purwokerto are filing a trust, do grant agreement, made a grant deed in front of PPAT. To get the grant deed, PPAT Purwokerto provide the terms of a document that must be completed. Furthermore PPAT within a period of seven (7) days after the grant deed signed certificates are required to submit the following relevant documents to the Land Office to be registered switchover rights. 2) Barriers experienced from the Land Deed Official (PPAT) is data required SVTO not exist, it can happen PPAT delay the process to wait until the publication of SPPT of the UN office. In the Land Office, Officers from the land office convoluted in keterangannnya. The resistance of the people or the Applicant is the difficulty in the process of application for registration which is due to a lack of public knowledge about the registration of land. 3) The solution or an attempt to overcome barriers that are PPAT could short SVTO asked for a letter to the UN office, to the Land Office can provide public education related to easy and the importance of land registration. For the public to be more active in seeking information about the application process transition of land rights.Keywords: Grant; Children under Age; Certificate of Land.


2018 ◽  
Vol 5 (1) ◽  
pp. 12-21
Author(s):  
Nur Huzumah ◽  
Toni Arifin

Abstrak Berdasarkan hasil survei terhadap kebutuhan mesin cuci pada tahun 2013 pertumbuhan mesin cuci nasional naik sebesar 28%, Menurut data Euro Monitor tahun 2017, penetrasi mesin cuci di Indonesia selama lima tahun terakhir terus meningkat. Sekitar 74% masyarakat di Kota besar seperti Jakarta telah mengandalkan mesin cuci untuk membantu membersihkan pakaian. Namun pada pembelian mesin cuci, sebagian besar masyarakat masih tertarik dengan harga yang murah tanpa mengetahui spesifikasi detail mengenai mesin cuci yang akan dibeli apakah sesuai kebutuhan atau tidak. Karena kurangnya kesadaran masyarakat, maka dibuat sebuah sistem pendukung keputusan menggunakan metode fuzzy tahani dan promethee untuk meningkatkan kualitas rekomendasi mesin cuci sesuai kebutuhan konsumen. Metode fuzzy tahani digunakan untuk melakukan pengurutan data mesin cuci berdasarkan kriteria yang menghasilkan nilai 0 sampai dengan 1. Setelah itu, metode promethee digunakan untuk mendapatkan bobot mesin cuci dan akan dilakukan pengurutan mesin cuci sesuai bobot yang didapat. Hasil penelitian ini menunjukkan bahwa adanya sistem pendukung keputusan yang dibangun, masyarakat yang ingin membeli mesin cuci dapat memilih dengan tepat, jelas dan objektif. Hasil akurasi yang dihasilkan adalah 90%. Kata Kunci: sistem pendukung keputusan, pemilihan mesin cuci, fuzzy tahani, promethee Abstract Based on results of survey about the needs of washing machines in 2013, the growth of national washing machines increased by 28%. According to Euro Monitor Data of 2017, penetration of washing machines in Indonesia over the last five years continues to increase. About 74 % of the people in big cities like Jakarta have relied on a washing machine to help clean clothes. However on the purchase of a washing machine, most of the people still interested in a cheap price without knowing detail specification of the washing machine which will be purchased whether as needed or not. Due the lack of public awareness, then made a decision support system using fuzzy tahani and promethee method to improve the quality of the washing machine recommendations according to needs of the consumers. Fuzzy tahani method is used to perform the washing machine data sorting based on the cirteria that yields a value of 0 to 1. After that, Promethee method is used to get weight of the washing machine and will do sorting machine according to the weight obtained. The results of this study indicate that a decision support system who has been built, people who want to buy a washing machine can choose the washing machine properly, cleary and objectively. The result of accuracy is 90%. Keywords: decision support system, washing machine selection, fuzzy tahani, promethee


2020 ◽  
Vol 1 (1) ◽  
pp. 11-19
Author(s):  
Yana Indawati

Legal certainty in land ownership is proof of physical and non-physical ownership of land rights. The ownership of the certificate does not merely fulfill administrative requirements, and only formal evidence. The certificate as a proof of rights that acts as a strong proof of physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data in the relevant land certificate and land book. In general, the amount of land owned by the people of Prasung Village, Buduran District, Sidoarjo Regency, both for agriculture and for settlements is still not certified. Legal counseling on land registration is very important because the natural potential and the development of such a large industry will be even more optimal if the community land is certified. This legal education is very necessary to be made so that people become aware of the importance of ownership of land certificates especially the use of land in the village of Prasung is partly used for tourist areas, plantation land, agriculture, settlements and public facilities. The response of the people of Prasung Village, Buduran Subdistrict was very positive and enthusiastic. The community hopes that things which become obstacles in registering land can be overcome.


Land ◽  
2021 ◽  
Vol 10 (8) ◽  
pp. 836
Author(s):  
Yuh-Jin Bae

Ordinary Malawians who live in customary land have been suffering from land grabbing due to their weak and ill-defined land rights. Although Malawi has experienced a number of land reforms that should have contributed to strengthening customary land rights, many people in customary land still suffer from land grabbing. Accordingly, it is important to understand the factors that lead to land grabbing in customary land in Malawi. Thus, by looking at the overview of land laws and policies throughout history, this study has two aims: (1) to analyze the historical changes in the meaning and position of customary land in Malawi and (2) to analyze the land grabbers in Malawi before, during, and after the colonial era. In order to achieve the main goals, this research mainly analyzes land laws and policies connected to customary land in Malawi. The main findings of this research are that (1) the meaning of customary land changed before and after the colonial period, but little has changed between the colonial period and the present. Since the creation of land laws during the colonial period, the land rights of the people who live in customary land have not been secured, and (2) the land grabbers changed from the British colonial rulers and European settlers to the Government of Malawi. Further, with the recent land laws, such as Land Act 2016 and Customary Land Act 2016, wealthy Malawians may become new land grabbers who can afford to obtain the customary estate grants. By examining the main results, it was found that from the colonial period until the present, customary land has been vulnerable to land grabbing as its weak position still resembles that of the colonial era. Thus, Malawi appears to face significant challenges in amending its customary land laws for the benefit of the poor.


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