scholarly journals Implikasi Penunjukan Desa Adat Sebagai Subyek Hak Atas Tanah Terhadap Eksistensi Tanah Adat (Study Pada Desa Pejeng Kelod Kabupaten Gianyar)

2020 ◽  
Vol 3 (2) ◽  
pp. 20-30
Author(s):  
I Wayan Wiasta ◽  
I Wayan Eka Arta Jaya ◽  
Luh Gede Lilis Widyasanthi
Keyword(s):  
Good Governance ◽  
Social Institutions ◽  
Governance System ◽  
Land Registration ◽  
Communal Property ◽  
Customary Land ◽  
The Right ◽  
Ownership Of Land ◽  
Legal Subjects ◽  
The Village

The customary land in Bali is known as the Druwe Desa land which is under the authority of the adat village. Traditional village is a term used to refer to religious social institutions that oversee the unity of indigenous and tribal peoples that exist in every village in Bali. Customary villages have the right to autonomy from traditional law to regulate their own households, known as awig-awig. With the promulgation of Bali Provincial Regulation Number 4 of 2019 concerning Customary Villages in Bali further strengthens the existence, functions and duties of traditional villages. So that customary villages are recognized as legal subjects to ownership of land rights. So that customary land in Bali can be registered as communal property rights based on the Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 276/KEP-19.2/X/ 2017 through Complete Systematic Land Registration in order to guarantee legal certainty. But in fact, there is a concern about the transfer of rights so that it affects the existence of customary land. The specific purpose of this study is to analyze the implications and strategies in maintaining the existence of customary land in the village of Pejeng Kelod. The strategy of maintaining the existence of customary land itself is strengthened by awig-awig and forming a good governance system

scholarly journals A Resolution of a Dispute of Customary Land Registration in Sungai Tarab Village, Tanah Datar District

2019 ◽  
Vol 6 (2) ◽  
pp. 176
Author(s):  
Yulia Rizki ◽  
Azmi Fendri ◽  
Sofiarti Sofiarti
Keyword(s):  
Secondary Data ◽  
Descriptive Study ◽  
Primary Data ◽  
National Defense ◽  
Land Registration ◽  
The Subject ◽  
Customary Land ◽  
The Right ◽  
Ownership Of Land ◽  
Determining Factor

Customary land is a binding element for a society to live in an area, and it is a determining factor of whether or not a person is a native of that area. In Minangkabau, customary land is not allowed to be traded; it should only be managed and utilized by the descendant who has the right.  The problems of this study are (1) What are the factors that led to the dispute over the registration of customary land in Sungai Tarab Village? (2) How is the process of resolving the dispute over the registration of customary land in the Sungai Tarab village through VCI? (3) How is the process of resolving the dispute over the registration of customary land for family in Tanah Datar National Defense Agency (BPN)? This is an analytical descriptive study, which analyze to provide an overview of the subject and object of the research. The types of data used are primary data and secondary data. The results of this study indicate, first, the factor of the dispute in Sungai Tarab village is the lack of legal law over the ownership of land obtained from the trade, so that there are other parties who seize their rights. Second, the process of resolving the dispute of family customary land through VCI is by following the steps from looking for the evidence, witnesses, and observing Descendant Warga, so that the decision arises based on the results of discussions and agreements of societies who has the right on the disputed land. Three, the dispute resolution is carried out by the division of conflict, dispute and case at the Land Office, which begins with the mediation of the parties of the dispute.

scholarly journals Strategi Percepatan Pendaftaran Tanah Sistematis Lengkap di Provinsi Kepulauan Riau melalui Pendekatan Analisis Portofolio

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Mokhamad Surianto ◽  
Akhmad Misbakhul Munir
Keyword(s):  
External Environment ◽  
Secondary Data ◽  
Matrix Analysis ◽  
Primary Data ◽  
Regional Office ◽  
Land Registration ◽  
Bcg Matrix ◽  
Ge Matrix ◽  
The Right ◽  
The Village

ABSTRACT The Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap-PTSL) program has been initiated since 2017 in order to achieve the national target:  complete land registration by 2025. However, until 2020 the achievement of the program needs to be improved. This paper tries to analyze the internal and external environment as well as the problems that retard the progress of the PTSL program, especially in the Regional Office of the National Land Agency of Riau Islands Province. Moreover, acceleration strategies for the program is carried out with a portfolio analysis approach, namely the BCG Matrix (Boston Consulting Group Growth-Share) analysis, GE Matrix (General Electrics Business Screen), and TOWS Matrix (Threat Opportunity Weakness Strength). The research method is qualitative based on data in the form of primary data (interviews) and secondary data (document studies). The results show that based on the BCG Matrix analysis, the position of PTSL in Riau Islands Province is in the position of Cash Cow. This position indicates that, in general, the PTSL business process is in a fairly stable position so that the right strategy is to increase the target. The GE Matrix suggests that the addition of targets should employ the Concentration Strategy, that is, the addition of PTSL targets should only concentrate on villages to reach a complete land registration in the village. Furthermore, the TOWS Matrix recommends the S-T Strategy, which is a strategy combining the Strengths and Threats components to minimize the existing threats by utilizing the strengths they have. Keywords: Strategic Management, Complete Systematic Land Registration, BCG Matrix, GE Matrix, TOWS Matrix ABSTRAK Kegiatan Pendaftaran Tanah Sistematis Lengkap (PTSL) telah diinisiasi sejak tahun 2017 demi mewujudkan target nasional, yaitu tahun 2025 tuntas pendaftaran tanah untuk seluruh bidang tanah di Indonesia. Namun hingga tahun 2020 capaian penyelesaian target PTSL dirasa masih perlu ditingkatkan. Tulisan ini mencoba melakukan analisis lingkungan internal dan eksternal serta permasalahan yang menjadi penyebab terhambatnya penyelesaian kegiatan PTSL, khususnya di lingkungan Kantor Wilayah Badan Pertanahan Nasional (BPN) Provinsi Kepulauan Riau. Kemudian penentuan strategi untuk percepatan penyelesaian PTSL dilakukan dengan pendekatan analisis portofolio yaitu menggunakan analisis BCG Matrix (Boston Consulting Group Growth-Share), GE Matrix (General Electrics Business Screen), dan TOWS Matrix (Threat Opportunity Weakness Strength).  Metode penelitian yang digunakan adalah metode penelitian kualitatif dengan jenis dan sumber data berupa data primer (wawancara) dan data sekunder (Studi Dokumen). Hasil penelitian menunjukkan bahwa berdasarkan analisis BCG Matrix, posisi penyelenggaraan PTSL di Provinsi Kepulauan Riau berada dalam posisi Cash Cow. Posisi ini menandakan bahwa secara umum proses bisnis PTSL berada dalam posisi yang cukup stabil sehingga strategi yang tepat adalah dengan menambah target. Untuk pendekatan analisis GE Matrix, strategi yang harus dilakukan adalah melakukan penambahan target melalui Strategi Konsentrasi, yaitu penambahan target PTSL semestinya berkonsentrasi terhadap desa yang telah ditetapkan menjadi lokasi PTSL sampai menuju desa lengkap baik secara kualitas maupun kuantitas. Selanjutnya, dengan pendekatan TOWS Matrix, strategi yang diutamakan adalah Strategi S-T yaitu strategi yang mengkombinasikan komponen Strengths dan Threats, sehingga dengan memanfaatkan kekuatan yang dimiliki dapat meminimalkan ancaman yang ada. Kata kunci: Manajemen Strategis, PTSL, BCG Matrix, GE Matrix, TOWS Matrix

scholarly journals KONSEP ORWELISASI DAN PARKINSONISASI DALAM SISTEM PEMERINTAHAN PUBLIK

2018 ◽  
Vol 3 (2) ◽  
Author(s):  
Yeni Sri Lestari
Keyword(s):  
Good Governance ◽  
Development Effort ◽  
Governance System ◽  
Public Officials ◽  
Strong State ◽  
The World ◽  
Government Bureaucracy ◽  
The Right ◽  
Selection Of

This article discusses the importance of the role of the right government system within a country. One of the determinants of the good governance system is based on the accuracy in the selection of government bureaucracy system. Therefore, to provide a more detailed understanding, this article will discuss about the bureaucratic system. This review will examine two bureaucratic systems currently dominantly applied by most countries in the world, namely Orwell Bureaucracy (Orwellization) and Parkinson's Bureaucracy (Parkinsonization). This article is divided into four studies, first on the backgrounds of Orwell and Parkinson, the two studies on the concept of Orwellization and Parkinsonization framework, the three analyzing the application of both concepts within a country, and the fourth is criticism given by experts to the concept of Orwellization and Parkinsonization. In this study it is found that the concept of Orwellization and Parkinsonization is still relevant in studying the problems of bureaucratic systems in some countries, the concept of Orwellisasi can create a strong state but weaken the issue of Human Rights (HAM), while the concept of Parkinsonization contributed considerably in the development effort but weaken the system of recruitment of public officials. However, there are some experts who give criticism to the concept of  ureaucracy Orwellisasi and Parkinsonisasi this, this is not apart from weakness owned by each bureaucracy concept. Keywords: bureaucracy, Orwellisasi, dan Parkinsonisasi 

scholarly journals The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 585
Author(s):  
A. Yoma Amanda Putri ◽  
Djauhari Djauhari
Keyword(s):  
Social Justice ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
The Social ◽  
West Sumatra ◽  
Customary Rights ◽  
The Creation ◽  
Customary Land ◽  
The Right

Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.

scholarly journals HUKUM MAHAR BERUPA TANAH DALAM KEBIASAAN MASYARAKAT BUGIS BONE MENURUT PERUNDANG-UNDANGAN

2019 ◽  
Vol 1 (1) ◽  
pp. 23-36
Author(s):  
Hasma Mhi
Keyword(s):  
Government Regulation ◽  
Civil Law ◽  
Local Order ◽  
Legal Certainty ◽  
Basic Principles ◽  
Land Registration ◽  
Legal Development ◽  
Proof Of Ownership ◽  
Ownership Of Land ◽  
The Village

AbstractGiving Mahar in the tradition of the Bugis Bone community, commonly given by husbands to wives in the form of land. Provision of Mahar in the form of land is regulated in the provisions of the marriage law, UU number 1 of 1974 concerning Marriage, Juncto UUPA number 5 of 1960 concerning Basic Principles of Agrarian Law, Juncto Government Regulation (PP) number 24 of 1997 concerning Land Registration and KHI.Giving Mahar in the form of land accompanied by a statement that knows and is signed by a local order, namely head of the village related to the location of the Mahar land, is an evidence that is not strong. because proof of ownership is the strongest according to civil law is proof of the authentic deed. Authentic proof of ownership of land must be registered at the Land Agency Office and the certificate of dowry land issued. To provide collateral in the form of legal certainty of dowry ownership in the form of land that should be certified on behalf of the wife.Keywords: Land Certification; Mahar; Legal Development.

scholarly journals Implementation Of Registration Of Transfer Of Rights Reserved Land For Endowments By Permen Atr Bpn No. 2 Of 2017 In Pati Regency

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 617
Author(s):  
Rubin Pratama ◽  
Akhmad Khisni
Keyword(s):  
Information Dissemination ◽  
Secondary Data ◽  
Power Of Attorney ◽  
Land Registration ◽  
The Status ◽  
History Of ◽  
Approach Method ◽  
The Law ◽  
Customary Land ◽  
The Right

The purpose of this study was to identify and analyze: 1) Implementation of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 2) As a result of the Law of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency. 3) Barriers and Solutions in the Process of Registration of Transfer of Rights Reserved Land For Endowments By Permen ATR BPN No. 2 Of 2017 in Pati regency.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 qualitative analilis.Results of the research results can be concluded: 1) The registration of transfer of property rights to land as endowments by Permen ATR BPN No. 2 of 2017 in Pati regency categorized into two, namely for Waqf land registration activities that have not been certified (customary land) and the endowment of land that has been certified. For land that has not berserifikat documents furnished as the Deed of Pledge Waqf, copy of ID / KK, Ffoto copy of ID card / ID holder, a certificate of history of the land, a statement of physical mastery, the power of attorney request, a copy of property tax, proof of the right base / proof of ownership, a letter of disputes and probate Nadzir. As for the registration of land that has been certified requirements document completeness namely Deed Pledge endowment, land title certificates, copy of ID / KK Applicant, copy of ID / KK owner rights, petition, revelation of the grace period endowments, probate Nadzir, a statement of the land is not dispute, a statement of the land / building physically controlled, and evidence of CNS / PPH. 2) The legal consequences transitional registration of land titles for endowments, namely the status of Waqf land rights be have legal certainty. Waqf land registration set forth in Regulation ATR BPN Number 2 of 2017 concerning Procedures in the Ministry of Waqf Land Registration BPN ATR is a target to hold a legal simplicity. 3) Barriers still the majority community in Pati regency are still reluctant to take care certificate donated land, because of the assumption that the Waqf land certification process requires very expensive, the government's solution is to conduct information dissemination and outreach to the community.Keywords: Endowments; Land Registry; BPN

scholarly journals JAMINAN KEPASTIAN HUKUM YANG TERKANDUNG DALAM SERTIPIKAT HAK ATAS TANAH

2017 ◽  
Author(s):  
Rahmat Ramadhani
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Legal Certainty ◽  
Land Registration ◽  
Registration Process ◽  
Physical Data ◽  
The Law ◽  
The Right ◽  
Legal Subjects

The product of the land registration process is a certificate of title granted to the right holder. The certificate according to Government Regulation No. 24 of 1997 is in the form of one sheet of documents containing information about the juridical data and physical data required on a parcel of registered land. Although the certificate of land rights is referred to as the strongest evidence but in reality the certificate of land rights has not fully guaranteed legal certainty. This is because the law still opens loopholes for other legal subjects to question it both personally and in groups within the judiciary. In order to ensure legal certainty of a right to land for the right holder, the certificate of land rights must be tested in three aspects: relating to; Legal Certainty of Object, Legal Certainty of Status of Rights and Legal Certainty on Subject.

Establishment of legal regulation in the field of identified the status of territorial communities as subjects of communal ownership on land

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Nastina Olha ◽  
Keyword(s):  
Legal Regulation ◽  
Land Ownership ◽  
Property Law ◽  
Communal Property ◽  
Communal Land ◽  
The Status ◽  
Legal Competence ◽  
Communal Land Ownership ◽  
The Right ◽  
Ownership Of Land

The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership

Conflicting Claims to Custom: Land and Law in Central Province, Kenya, 1912–52

1996 ◽  
Vol 40 (1) ◽  
pp. 62-77 ◽  
Author(s):  
Fiona Mackenzie
Keyword(s):  
Land Tenure ◽  
Common Law ◽  
Legal Discourse ◽  
Central Province ◽  
Land Law ◽  
Land Registration ◽  
The Status ◽  
Access Rights ◽  
Customary Land ◽  
The Right

In antithesis to legislation on land tenure introduced through the Land Registration Act, 1959, premised on the notion in English common law that the right to allocate land was equivalent to exclusive ownership, “ownership” under customary tenure in Kenya was “essentially heterogeneous and divisible”. People differentiated by age, gender and wealth had bundles of rights defined, in Okoth-Ogendo's words, by “the status differentia which a particular category of membership in a production unit carries”. The complexity and elasticity of customary land law, Okoth-Ogendo demonstrates, derived from its separation of access rights from allocative rights, and the subjection of the latter “to the economic tasks required of the former”. This distinction and the ensuing visibility in legal discourse of both use rights and rights of allocation was critical, as Okoth-Ogendo indicates, in ensuring “the proprietary position” of women, the primary agriculturalists, in societies such as that of the Kikuyu, which are frequently classified as patrilineal.

scholarly journals Portraying "Village Regulations" among Urban Community in Campago Guguak Bulek Nagari, Mandiangin Koto Selayan, Bukittinggi, West Sumatra

2021 ◽  
Vol 16 (1) ◽  
pp. 27-56
Author(s):  
Helfi Helfi ◽  
Fajrul Wadi ◽  
Beni Firdaus ◽  
Dahyul Daipon
Keyword(s):  
Urban Communities ◽  
Migrant Workers ◽  
Social Institutions ◽  
Local Economy ◽  
Economic Reason ◽  
West Sumatra ◽  
Research Problems ◽  
The One ◽  
Legal Subjects ◽  
The Village

Migrant workers usually come to a city for economic reason as cities are still deemed to provide much available economic opportunities. Urban communities, on the other hand, typically preserve village regulation that they specifically formulate in dealing with comers like what occurs in Bukittinggi, West Sumatra. On the basis of it, this article aims to portray the village regulation taking sample at the Campago Guguak Bulek Nagari, Mandiangin Koto Selayan, Bukittinggi, West Sumatra. The research problems are on the current village regulation from its establishment, form, dissemination, sanction, stratification of legal subjects, and the effect as well as how the regulation will look like in the future. This is a qualitative normative research using in-depth interview with comers who directly deal with local regulations as well as local communities as the one who preserve the regulation. It found that regulations at Bukittinggi emphasize protection of the local economy and socio-cultural aspect. More specifically, it aims to regulate life together, protect rights and obligations as well as social institutions, maintain safety and order, and improve community welfare. This all make the village regulation deserve for future preservation. (Salah satu alasan perantau mendatangi sebuah kota biasanya adalah faktor ekonomi. Kota-kota besar hingga hari ini masih dianggap menawarkan banyak peluang ekonomi. Masyarakat kota, di sisi lain, biasanya memiliki berbagai aturan khusus bagi para pendatang seperti yang terjadi di Bukittinggi, Sumatera Barat. Dari situ, artikel ini ingin memotret hubungan antara aturan lokal di Bukittinggi dengan para pendatang di situ, khususnya di Kelurahan Campago Guguak Bulek, Mandiangin Koto Selayan, Bukittinggi, Sumatra Barat. Pertanyaan penelitian ini adalah seputar peraturan kampung yang berlaku mulai dari pembentukan, bentuk-bentuk, sosialisasi, sanksi, subyek hukum, dan efeknya. Selain itu, akan dilihat juga bagaimana prediksi akan ‘nasib’ peraturan ini di masa mendatang. Penelitian ini bersifat normatif-kualitatif dengan wawancara mendalam kepada para pendatang maupun komunitas lokal sebagai salah satu metode penggalian data utamanya. Hasilnya menunjukkan bahwa aturan-aturan tersebut menitikberatkan pada perlindungan sosial—ekonomi lokal, utamanya perihal aturan-aturan hidup berdampingan, perlindungan hak dan kewajiban, pranata sosial, jaminan keamanan dan ketentraman, serta peningkatan kesejahteraan. Inilah yang membuat peraturan tersebut layak untuk tetap berlaku hingga di masa mendatang)

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