scholarly journals Antinomi Regulations on the Recognition and Enforcement of Ulayat Right from Indigenous Peoples

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Rianda Dirkareshza ◽  
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Indigenous Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Agrarian Law ◽  
The Right ◽  
As If ◽  
Laws And Regulations

Ulayat Right is a historical right owned by tribal groups scattered throughout Indonesia that contains the value of local wisdom in the arrangement of control, use, utilization, supply, and maintenance of agrarian resources. The substance of Ulayat Right and the organization of the power of indigenous peoples as the executor of the authority of Ulayat Right became a model in the development of agrarian law Nasional as stated in the Basic Agrarian Law (UUPA). The state has an obligation to recognize in the sense of respect while protecting and fulfilling what is the right of every citizen. One of them is the right of control and ownership of Ulayat Right that until now has not been implemented optimally, as if the mastery and ownership of Ulayat Right by indigenous peoples is not fully accessible from the LAW and other laws and regulations. Based on the background of the above problems, the purpose of this paper is to review the Antinomics of The Ulayat Right Regulation of Indigenous Peoples with public-private and private-dimensional ulayat land and explore and analyze the urgency of protection of Indigenous Peoples' Rights in Indonesia. This paper is normative research, the approach used is a statutory approach (statute approach), presented descriptively-perspective and analyzed qualitatively. The conclusion in this paper Is the Authority of the Indigenous Law Community, while the private dimension appears in the manifestation of Ulayat Right as belonging together. So that the scope includes recognition and confirmation, granting of land rights on Ulayat Right, transfer and eradication of indemnity rights and the removal of private Ulayat Right. Therefore, it is necessary to establish a draft law governing the Rights of Indigenous Peoples.

scholarly journals Use of Nominee in Ownership of Rights to Land in Indonesia by Foreign Citizens: Case of Mataram State Court Decision Number 67/Pdt.G/2008/Pn.Mtr. 30 July 2009

2021 ◽  
Vol 3 (2) ◽  
pp. 27-36
Author(s):  
Habib Adjie
Keyword(s):  
Land Rights ◽  
Court Decision ◽  
State Court ◽  
The Real ◽  
Article 9 ◽  
The Law ◽  
Agrarian Law ◽  
The Republic ◽  
As If ◽  
Laws And Regulations

Article 9 paragraph (1), Article 21 paragraph (2), and Article 26 paragraph (2) of the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Law have confirmed that only Indonesian Citizens and Indonesian Law, which was established based on Indonesian laws and regulations may have land rights in Indonesia, while for foreign citizens based on Article 42 letter b of the BAL, it states that foreigners who are domiciled in Indonesia may only have a Right of Use. The practice of this provision is often circumvented by making a Nominee Agreement. The foreigner borrows the name of the Indonesian Citizen. The land is legally written with the name of the Indonesian Citizen, but in fact, it is controlled by a foreigner who acts as if the real owner. It is proven in the analysis of the Court's Decision Mataram State Number 67/Pdt.G/2008 /Pn. Mtr. 30 July 2009.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

scholarly journals Peranan Badan Pertanahan Nasional/Agraria Dan Tata Ruang Dalam Penyelesaian Sertifikat Ganda Di Kabupaten Banyumas

2021 ◽  
Vol 23 (2) ◽  
pp. 1-8
Author(s):  
Ninik Hartariningsih ◽  
Esti Ningrum ◽  
Wahyu Hariadi
Keyword(s):  
Land Rights ◽  
The State ◽  
Good Faith ◽  
Close Relationship ◽  
The Law ◽  
The Right

ABSTRACT The number of cases or disputes in the field of land, one of which is due to the existence of multiple certificates, in which this problem can be caused by good ethics and good ethics. This is because land has a close relationship with humans, both for housing and for business. Therefore, the law requires the owner of land rights to register their land, so that they have legal guarantees and guarantees of their rights. Double certificates occur in the case of land being abandoned by a certified owner, for a period of more than 20 years so that the land grows with a thicket, which is then controlled by someone else in good faith for more than 20 years, then the person increases his right of ownership. This is justified by law because the person has controlled the land for more than 20 years, in addition, because the land has been neglected for more than 20 years, the right to annul the land is controlled by the State. Keywords: BPN/ATR, Solution, Double Certificate Abstrak. Banyaknya kasus/sengketa dibidang pertanahan, yang salah satunya adalah karena adanya sertifikat ganda, yang mana masalah ini dapat dikarenakan etikat tidak baik maupun etikat baik. Hal ini dikarenakan bahwa tanah mempunyai hubungan yang erat dengan manusia, baik untuk tempat tinggal maupun untuk berusaha. Oleh karenanya Undang- Undang mewajibkan sipemilik hak atas tanah untuk mendaftarkan tanahnya, agar mempunyai jaminan hukum dan jaminan haknya. Sertifikat ganda terjadi dalam hal tanah ditelantarkan oleh pemiliknya yang sudah bersertifikat, dalam jangka waktu lebih dari 20 tahun sehingga tanah tersebut tumbuh semak belukat, yang kemudian dikuasai oleh orang lain dengan itikat baik selama lebih dari 20 tahun, kemudian orang tersebut meningkatkan haknya menjadi hak milik.Hal ini dibenarkan oleh undang-undang karena org tersebut telah menguasai tanah tersebut selama lebih dari 20 tahun, selain itu karena tanah tersebut ditelntarkan selama lebih Dri 20 tahun, maka haknya hapus tanah dikuasai oleh Negara. Kata Kunci : BPN/ATR, Penyelesaian, Sertifikat Ganda

SURAT KETERANGAN TANAH: ANTARA REALITAS DAN PENGAKUAN

2018 ◽  
Vol 11 (1) ◽  
Author(s):  
Pusat Kajian Agraria FH UBB
Keyword(s):  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
Land Title ◽  
The Status ◽  
Customary Rights ◽  
The Right ◽  
The Village ◽  
As If

The title of land rights in the form of letters made by notaries or sub-district heads with a variety of forms intended to create written evidence of lands controlled by citizens. The issuance of evidence of land acquisition there is made on the land that has not been converted or the lands controlled by the State and then the land is occupied by the community either intentionally or regulated by the Village Head and authorized by the Camat, as if the land has been Is a person's right or belongs to the category of customary rights. In its development the land title is known as Land Certificate. The subdistrict certi fi cate of the land is required as a basis for the rights to the transfer of uncertified lands which are still State lands which may be diverted or disadvantaged by or in the presence of the camat commonly referred to as a waiver of compensation. The camat's certificate of land is the base of the right to be used when it will be proposed to improve the status of the land into a certificate of land right at the local Land Office

scholarly journals PENYELESAIAN SENGKETA PERJANJIAN NOMINEE TENTANG PERALIHAN HAK MILIK ATAS TANAH KEPADA WARGA NEGARA ASING (WNA) DITINJAU DARI PASAL 26 AYAT (2) UUPA

2018 ◽  
Vol 3 (2) ◽  
pp. 122-138
Author(s):  
Ni Putu Tanjung Eka Wijayani
Keyword(s):  
Land Rights ◽  
The State ◽  
Foreign National ◽  
Land Title ◽  
The Subject ◽  
The Law ◽  
One Year ◽  
The Right ◽  
Ownership Rights

The nominee agreement is an agreement made between a person who by law can not be the subject of a particular land title (in this case the Right or the Right to Build). In this case a foreign national with an Indonesian citizen, which is intended for foreigners to possess the land of ownership or the right to use the building (de facto), but legally (de jure) of the land concerned on behalf of the Indonesian citizen. In other words, Indonesian citizen borrowed its name by foreigners citizen (acting as nominee). The existence of the obscurity of the norm in Article 26 paragraph (2) concerning whether the legal act of a foreigner / foreigner in a notarial deed called a nominee deed is valid for one year and thereafter if not transferred shall fall to the state having the same meaning and intent with the provision of Article 21 paragraph (3). This is particularly important to be considered since Article 26 paragraph (2) implicitly prohibits that legal acts directly or indirectly intended to transfer land rights from Indonesian citizens to foreigners / foreigners are null and void because the law and land fall to the State . Because the phrase that states other acts intended to directly or indirectly transfer the ownership rights to a stranger in Article 26 paragraph (2) of the BAL raises various interpretations (interpretations) so that there arises doubts that lead to the escape of norms (vague van normen).

scholarly journals Walking the tightrope

Target ◽  
2018 ◽  
Vol 30 (2) ◽  
pp. 187-211 ◽  
Author(s):  
Raquel de Pedro Ricoy ◽  
Rosaleen Howard ◽  
Luis Andrade Ciudad
Keyword(s):  
Indigenous Peoples ◽  
Public Service ◽  
Turning Point ◽  
Political Context ◽  
The State ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Institutional Actors

Abstract The passing of the Prior Consultation Act (2011) was a turning point in Peru’s history: it enshrined the right of indigenous peoples to be consulted prior to the State’s adopting a measure that affects them and to use their own languages during the consultation, which makes interpreting essential. This article focuses on the complexities of the interpreters’ role and how the beneficiaries of their work perceive it. It reveals that the interpreters’ performance is determined by two circumstances: first, it straddles public service and business interpreting; and second, the fact that the interpreters are trained and employed by the State creates tensions in the communication between the latter and the indigenous peoples. The socio-political context and the initiatives designed to ensure compliance with the law will provide a background to our findings. These derive from observation, interviews and meetings with institutional actors and interpreters, and are illustrated by a case study.

scholarly journals Religion and Land Rights in Indonesian Indigenous – State Relations (Case Study of Orang Rimba in Jambi)

2020 ◽  
Vol 10 (2) ◽  
pp. 230-251
Author(s):  
Mufdil Tuhri
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Freedom Of Religion ◽  
Constitutional Court ◽  
State Recognition ◽  
The Right ◽  
State Relations

This paper will examine the contestation between religion and land rights in state and indigenous people’s relations in Indonesia from the perspective of national and International Laws. This paper will depart from the recent development of state recognition of customary law based on the Constitutional Court (MK) decision No. 35/2012 that state customary forest is not under the state forest. This paper will explain the significance of advocating Freedom of Religion or Belief for forest conflict and resonsidering to encompassing the land rights as part of Religious Rights for Indigenous People in Indonesia. To build the argument, this paper initially discuss on the discourse on the land rights in Indonesia, which is divided into two main sub topic, namely, a brief discussion on human rights for indigenous peoples from the perspective of national and international law. Furthermore, this paper will describe case studies of Orang Rimba in Jambi that will be consist of the belief of their indigenous religion and the particular problem of conflict of land and forest. The paper argues that land and religion constitute a unity for indigenous peoples who adhere to belief. This means that if buildings and lands as spiritual and worship place disappear then indigenous peoples will lose the right to worship according to the beliefs they believe. In fact, worship is a right attached to every citizen who cannot be reduced (non derogable rights) and should be protected and respected by the state. In conclusion, this paper will offers customary management in Indonesia through advocacy of freedom of religion or belief (FORB).

scholarly journals Politik Hukum Agraria Pada Tanah Ulayat

2019 ◽  
Vol 4 (1) ◽  
pp. 24-38
Author(s):  
I Nyoman Prabu Buana Rumiartha
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Positive Law ◽  
Agrarian Law ◽  
The Republic ◽  
Customary Land ◽  
The Mind ◽  
Article 5

The responsive character of Law Number 5 of 1960 concerning Basic Regulations on the Principles of Agrarian Law is reflected in the norms contained in Article 5. The politics of agrarian law on customary land also refers to Article 18B paragraph (2) of the 1945 Constitution which emphasizes: "The state recognizes and respect indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as regulated in law ". The above constitutional guarantees can then be traced in the UUPA, particularly in Article 5 of the UUPA which states that national agrarian law is based on customary law. This means that the legal strength of land rights for customary communities is highly guaranteed in Indonesia's positive law. That the control of ulayat / customary land is not regulated in writing but it is felt in the mind of each member of the customary law community, besides that the customary law community has historically been founded in philosophy before the birth of the Indonesian State.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

scholarly journals Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

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