REGULATION OF LAND OWNERSHIP FOR FOREIGN CITIZENS IN INDONESIA FROM AGRARIAN LAW PERSPECTIVE

Indonesian citizens who have transferred citizenship due to mixed marriages with other citizens who obtain property rights due to inheritance should be obliged to relinquish this right within one year. If it is not released then the right is lost because the law and the land fall to the state. However, in reality some of these property rights have not been released. This research is formulated to determine the status of land ownership rights that are not released by heirs who become foreign nationals and to find out the legal efforts taken by heirs who have transferred citizenship to become foreign citizens in releasing their ownership rights over land acquired due to inheritance. The research method used in this research is normative legal research method. The results showed that the status of land ownership rights that were not released by heirs who became foreign citizens was lost due to the law. This occurs after a period of one year, and the land becomes State land. Then, the legal effort made by the heirs in releasing ownership rights over the land obtained due to inheritance is to apply for more Indonesian citizenship or to remain a foreign citizen residing in Indonesia, so after one year they can obtain use rights or transfer of property rights. It can be done through buying and selling.

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PROPERTY AND RIGHTS

Social Philosophy and Policy ◽

10.1017/s0265052509990057 ◽

2010 ◽

Vol 27 (1) ◽

pp. 101-134 ◽

Cited By ~ 8

Author(s):

Jan Narveson

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Land Ownership ◽

General Idea ◽

Mode I ◽

Classical Approach ◽

The Earth ◽

The Many ◽

The Right ◽

Unitary Concept

AbstractI present what I take to be the “classical” approach to property rights, in which property is basically a unitary concept: owners are the ones with the right to do, and prohibit others from doing, whatever there is to do with the thing owned, within the limits imposed by the rights of others totheirthings. I expound and defend the idea of “first acquisition” in more or less Lockean mode. I also point to the many difficulties of application of the general idea, leading to the need to negotiate at many points. For example, the vagueness of land ownership as we consider what goes on in the earth below or the sky above; to consideration of not just possible physical damages to others by virtue of ownership, but also aesthetic ones; and to the increasingly important area of intellectual property. I argue that the original idea continues to hold, though it underdetermines any number of specific issues.

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Konsep Wakaf Yang Efektif Dalam Membangun Bangsa

JURNAL EKONOMI DAN PERBANKAN SYARIAH ◽

10.46899/jeps.v6i2.84 ◽

2019 ◽

Vol 6 (2) ◽

pp. 107-118

Author(s):

Roni Hidayat

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Social Welfare ◽

Social Services ◽

Intellectual Property Rights ◽

Precious Metals ◽

Land Ownership ◽

Economic Problems ◽

The Right ◽

Ownership Rights

Islam has comprehensive concepts and solutions, one of them is for human socio-economic problems, therefore in Islam there are social services such as waqf. Even though Muslims realize that waqf is one of the economic sources, so far only a few have been utilized maximally and productively. There are so many waqf wealth in Indonesia. However, in general its utilization is still traditional consumptive and has not been managed productively, so it has not been right on target in solving people's socio-economic problems. The causes are: 1) Understanding of waqf that is still lacking, 2) Management of waqf that is not optimal, 3) Limited objects that are represented and the end of waqf. For this reason, it is necessary to reformulate how the concept of waqf is effective or the right target according to its function to realize social welfare in developing the nation. Namely by 1) Improving people's understanding of waqf. Endowments according to the Act. no. 41 of 2004 concerning endowments, namely: immovable property (land, buildings / parts, plants and other objects relating to land, ownership rights to units of flats, wells, other immovable property.) And movable assets (money, precious metals, letters valuable, vehicles, intellectual property rights (IPR), rental rights and other movable objects). 2) Empowerment of waqf, waqf assets mentioned above can be empowered to become productive property, profits from productive waqf can be utilized for the benefit of the ummah. 3) Management of waqf based on organizations and legal entities, this can produce professional nazhir, uniform and targeted distribution, innovative and actual fundraising. If this concept is implemented as well as possible, the primary needs of the community will be fulfilled, even social funds will also be available from the management of productive waqf.

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Hak Penguasaan Istri terhadap Mahar Sompa Perkawinan Adat Bugis Makassar (Kajian Putusan PA Bulukumba Nomor 25/Pdt.P/2011/PABlk)

Kanun Jurnal Ilmu Hukum ◽

10.24815/kanun.v20i2.10659 ◽

2018 ◽

Vol 20 (2) ◽

pp. 203-218

Author(s):

Ilham Abbas ◽

Marten Bunga ◽

Salmawati Salmawati ◽

Nurson Petta Puji ◽

Hardianto Djanggih

Keyword(s):

Property Rights ◽

Research Problem ◽

Land Ownership ◽

Legal Certainty ◽

Court Judge ◽

Private Rights ◽

The Status ◽

Traditional Marriage ◽

The Right ◽

Ownership Rights

Penelitian ini bertujuan mengkaji upaya hukum istri untuk mendapatkan kepastian hukum pemberian mahar Sompa yang berasal dari calon suami sebelum terjadinya proses perkawinan berdasarkan proses perkawinan adat Bugis Makassar. Permasalahan penelitian adalah bagaimanakah upaya hukum istri untuk mendapatkan kepastian hukum atas mahar Sompa pada perkawinan adat Bugis Makassar. Penelitian ini menggunakan penelitian normatif, dengan mengkaji putusan PA. Bulukumba Nomor 25/Pdt.P/2011/PABlk. Hasil penelitian menunjukkan bahwa putusan hakim pengadilan memutus permohonan istri terhadap tanah mahar Sompa merupakan hak milik istri sepenuhnya, dan mendasar bagi istri untuk mendapatkan status tanah. Dengan dasar keputusan pengadilan, maka istri dapat mendaftarkan kepada Badan Pertanahan untuk proses balik nama sertifikat yang berasal dari orang tua suaminya. Setelah mendapatkan status hak milik dari Badan Pertanahan, maka tanah tersebut menjadi hak pribadi istri, sehingga istri dapat melakukan perbuatan hukum untuk status hak milik tanah tersebut. The Wife’s Rights Over Mahar Sompa of Traditional Marriage in Bugis Makassar (The Analysis of PA Decission Nomor 25/Pdt.P/2011/PABlk) This study aims to examine the wife's legal efforts to obtain legal certainty of giving the dowry sump from the prospective husband before the marriage process based on the customary marriage process of Bugis Makassar. The research problem is, how the wife's legal efforts to obtain legal certainty over Mahar Sompa on Bugis Makassar Customary Marriage. This study uses normative research, namely by examining the decision of PA. Bulukumba Number 25/Pdt.P/2011/PABlk. The result of the research shows that the decision of the court judge to decide the wife's application to the dowry is the right of wife's property completely, and fundamental for the wife to get the status of the land. On the basis of the Court's decision, the wife may register to the Land Board to process the name of the certificate originating from her husband's parents. After obtaining the status of property rights from the Land Agency then the land becomes the private rights of the wife, so the wife can perform legal acts for the status of the land ownership rights.

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PELAKSANAAN HAK WARIS ATAS TANAH BAGI SEORANG ANAK DARI PERKAWINAN CAMPURAN DENGAN PERJANJIAN KAWIN BERDASARKAN PERATURAN PERUNDANGAN DI INDONESIA

NOTARIUS ◽

10.14710/nts.v12i1.23773 ◽

2019 ◽

Vol 12 (1) ◽

pp. 127

Author(s):

Ulfia Wijaya ◽

Fifiana Wisnaeni

Keyword(s):

Property Rights ◽

Land Rights ◽

Land Ownership ◽

Mixed Marriage ◽

Dual Citizenship ◽

Mixed Marriages ◽

The Subject ◽

Agrarian Law ◽

The Right ◽

Ownership Of Land

The implementation of inheritance rights for children born of mixed marriage with a prenuptial agreement can not be executed before they are 18 (eighteen) years old or already married and they have declared themselves to choose to become an Indonesian citizens. With regard to the ownership of land rights, the Agrarian Law (UUPA) explicitly provides that only Indonesian citizens can own property rights to land as defined in Article 21 paragraph (1). This means that what can be the subject of property rights is only Indonesian citizens. The transfer of ownership of land ownership in any way to children born of mixed marriage will cause any form of the transfer to become null and void. When dual-citizen children obtain an inheritance from one parent in the form of land with a proprietary title, their right to inheritance is certainly not wiped out. However, they must wait until 18 (eighteen) years old and choose to become an Indonesian citizen then they have the right according to the rules. Keywords: Mixed Marriages, Dual Citizenship, Children's Rights With Dual Citizenships Abstrak Pelaksanaan hak waris atas tanah bagi seorang anak yang lahir dari perkawinan campuran dengan perjanjian kawin tidak dapat dilaksanakan sebelum anak tersebut berusia 18 (delapan belas) tahun atau sudah menikah dan anak tersebut telah menyatakan diri untuk memilih menjadi warga negara Indonesia. Berkaitan dengan kepemilikan hak atas tanah, UUPA secara tegas mengatur bahwa hanya WNI yang dapat memiliki hak milik atas tanah sebagaimana ditegaskan dalam Pasal 21 ayat (1). Ini berarti bahwa yang dapat menjadi subyek hak milik hanyalah WNI. Pengalihan kepemilikan hak milik atas tanah dengan cara apapun kepada anak yang lahir dari perkawinan campuran akan menyebabkan segala bentuk pengalihan tersebut menjadi batal demi hukum. Bilamana anak yang berkewarganegaraan ganda memperoleh warisan dari salah satu orang tuanya berupa tanah dengan status hak milik, maka hak anak tentang warisan tersebut tentunya tidak hapus. Akan tetapi ia harus menunggu sampai usia 18 (delapan belas) tahun, sampai memilih menjadi WNI maka barulah ia memiliki haknya sesuai peraturan yang berlaku. Keyword: Perkawinan Campuran, Kewarganegaraan Ganda, Hak Waris Anak

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1. Introduction to Property and Land

Thompson's Modern Land Law ◽

10.1093/he/9780198828020.003.0001 ◽

2019 ◽

pp. 1-27

Author(s):

Martin George ◽

Antonia Layard

Keyword(s):

Property Rights ◽

Residential Area ◽

Third Party ◽

Real Property ◽

Personal Property ◽

The Third ◽

English Law ◽

The Third Party ◽

The Right ◽

Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

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Immigration

The Oxford Handbook of Global Justice ◽

10.1093/oxfordhb/9780198714354.013.19 ◽

2020 ◽

pp. 393-410

Author(s):

David Miller

Keyword(s):

Immigration Policy ◽

Political Community ◽

Freedom Of Association ◽

Human Right ◽

The Earth ◽

The Right ◽

High Level ◽

Border Controls ◽

Ownership Rights ◽

Two Sides

This chapter analyzes the debate between advocates of open borders and defenders of the state’s right to control immigration. It examines four arguments for the former view. (1) As common owners of the earth, everyone has the right to enter any part of it. (2) Equality of opportunity at global level requires that people should be free to move between countries. (3) There is a human right to immigrate to any country one chooses. (4) States cannot coercively exclude immigrants unless they also allow them to participate democratically in the making of immigration policy. It then considers four arguments that can be used to justify border controls. (1) Citizens have a right to freedom of association that includes the right not to associate with unwanted others. (2) Distributive justice presupposes a cultural community, the protection of which requires selective admission. (3) Stronger forms of democracy demand a high level of trust among citizens, which increased diversity may threaten. (4) Members of a political community have ownership rights over its collective assets, access to which requires their permission. It concludes by noting areas of convergence between the two sides in this apparently polarized debate.

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6. Adverse Possession

Thompson's Modern Land Law ◽

10.1093/he/9780198828020.003.0006 ◽

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.

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1. The Scope of the Subject

Thompson's Modern Land Law ◽

10.1093/he/9780198722830.003.0001 ◽

2017 ◽

Author(s):

Mark P. Thompson ◽

Martin George

Keyword(s):

Property Rights ◽

Residential Area ◽

Third Party ◽

Real Property ◽

Personal Property ◽

The Third ◽

The Subject ◽

English Law ◽

The Right ◽

Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

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Profetismo e resistência: crítica à cidade injusta a partir do olhar de um camponês (Mq 3, 9-12) | Prophetism and resistance: criticism of the unjust city from the perspective of a peasant (Mic 3, 9-12)

Caderno Teológico da PUCPR ◽

10.7213/2318-8065.06.01.p136-149 ◽

2021 ◽

Vol 6 (1) ◽

pp. 136-149

Author(s):

Gilda Silva ◽

Luiz Alexandre Solano Rossi

Keyword(s):

Historical Context ◽

Land Ownership ◽

The Political ◽

Religious Leaders ◽

Human Relationship ◽

People Of God ◽

The Earth ◽

The Social ◽

History Of ◽

The Right

Este estudo aborda o profetismo bíblico em Miqueias (Mq 3,9-12). Em uma terra devastada, em que não há mais profetas, justifica-se o resgate do profetismo como missão em denunciar a injustiça e anunciar o direito, mais especificamente em relação aos vulneráveis. O objetivo deste estudo é compreender os atos proféticos de Miqueias, apropriando-se deles como chave de leitura para a atualidade, à luz da História da Salvação, conceituando-se resistência como resgate da relação humana com a terra, enquanto vínculo sagrado com a Promessa de Deus a seu Povo. Este intento será conseguido mediante revisão bibliográfica e aproximação bíblico-teológica, buscando-se a reflexão e a entrega do significado do texto conforme o contexto histórico vivido com as lideranças político-religiosas em Miqueias (Mq 3,9-12). Ao investigar a ruptura da Aliança, a perda da posse da terra e a perda do vínculo como nação em Israel, vividas pelos camponeses contemporâneos a Miqueias, procura-se delimitar a responsabilidade pela relativização do direito à terra, como aliança sagrada e consequente perda da condição de identidade como Povo de Deus. Resultados: O estudo demonstrou a função social do profeta como decodificador do momento histórico, atemporal, levado pela força da indignação, da qual procede sua resistência, não solitária, mas, solidária, amparada no sonho coletivo e comunitário, organizado e possível. Considerações Finais: A pesquisa ampliou a compreensão bíblica e teológica da necessidade do resgate da dignidade humana em periferias urbanas, construindo a cidade justa, fundada na agroecologia urbana e na bem-aventurança da simplicidade. This study speaks about the theme of biblical prophetism in Micah (Mic 3,9-12). In a devastated land, where there are no more prophets, the rescue of prophetism as a mission to denounce injustice and announce the right, more specifically in relation to the vulnerable, is justified. The objective of this study is to understand the prophetic acts of Micah, appropriating them as a key for reading today, in the light of the History of Salvation, conceptualizing resistance as a rescue of the human relationship with the earth, as a sacred connection with the Promise of God to his People. This intent will be achieved through a bibliographic review and a biblical-theological approach, seeking to reflect and rescue the meaning of the text according to the historical context experienced with the political-religious leaders in Micah (Mic 3,9-12). In investigating the rupture of the Alliance, loss of land ownership, loss of the bond as a nation in Israel, experienced by contemporary peasants to Micah, it seeks to delimit the responsibility for the relativization of the right to land as a sacred alliance, and consequent loss of the condition of identity as People of God. Results: The study seeks to demonstrate the social function of the prophet as a decoder of the historical, timeless moment, driven by the force of indignation, from which comes his resistance, not solitary, but, solidary, supported by the collective and community dream, organized and possible. Final Considerations: The research intends to base biblically and theologically the rescue of human dignity in urban peripheries, building the just city, founded on urban agroecology and the bliss of simplicity.

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