Strategy and Management of Dispute Resolution, Land Conflicts at the Land Office of Sleman Regency

Complex land disputes from time to time have increased both in quality and quantity. The cause is due to the needs of increasingly complex land use while minimal land availability. In addition, the cause can be triggered by any regulations that overlap and occur disharmony in its implementation. This problem is coupled with the lack of legal understanding in society due to acts committed on its soil and the publication of the registration system, which adopts negative publications, opening the faucet lawsuit and objections from other parties on the ground registered. Inequality in land ownership and the certificate and the use of land that is not following the location permit, allotment, use, and utilization of the land made into the complex problems of land disputes. This condition needs to be made to seek justice, legal protection, and law enforcement, namely the judiciary. In addition, the settlement of land disputes can flow through administrative channels that BPN, Mediation, Reconciliation, and ADR, which action significantly contributed to the completion of land disputes. Therefore, the necessary stakeholders to these ideals can be realized. Keywords: Dispute Resolution, Land Conflicts, Land Office

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Conflicts in the land use in mountainous territories

E3S Web of Conferences ◽

10.1051/e3sconf/202016407018 ◽

2020 ◽

Vol 164 ◽

pp. 07018

Author(s):

Zaur Ivanov ◽

Alim Gurtuev ◽

Zara Kunasheva ◽

Zukhra Khocheva

Keyword(s):

Land Use ◽

Land Reform ◽

Agricultural Land ◽

Land Ownership ◽

North Caucasus ◽

Market Mechanisms ◽

Land Conflicts ◽

The North ◽

Land Disputes ◽

The Right

The purpose of the study is to determine the causes of conflicts in the land use in land-hungry regions and to develop optimal solutions in land disputes. The research is based on the field data, collected in land- hungry regions of Russian Caucasus and historical data for same regions. We analyze the data acquired and use the system approach for developing a classification for studied conflicts. It supports the thesis that the agricultural land ownership is critical for the development of a stable regional system of agricultural production. In the majority of Russian regions land reform has been already carried out. Thus, market mechanisms for the functioning and realization of the right to use and possession of agricultural land are in effect. But in North Caucasus republics, institutionalization of land ownership is still vague. As a result, the number of disputes and conflicts in land use is growing. In the article, we carried out a classification of conflicts in land use and the analysis of land conflicts in the republics of the North Caucasus.

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Kedudukan Dinas Pertanahan Aceh Dalam Penyelesaian Sengketa Pertanahan Pasca Perpres Nomor 23 Tahun 2015

Syiah Kuala Law Journal ◽

10.24815/sklj.v3i3.12524 ◽

2019 ◽

Vol 3 (3) ◽

pp. 395-416

Author(s):

Rahmat Nofrizal ◽

Husni Jalil ◽

Muhammad Saleh

Keyword(s):

Dispute Resolution ◽

Significant Role ◽

Research Method ◽

Public Access ◽

Land Conflicts ◽

State Institutions ◽

Land Dispute ◽

Legal Standard ◽

Land Disputes ◽

Regional Land

Pada tahun 2016, Pemerintah Aceh membentuk Dinas Pertanahan Aceh yang kewenangannya mengurusi di bidang pelayanan pertanahan. Salah satu kewenangannya adalah dalam hal penyelesaian sengketa pertanahan. Pada Kenyataannya, Badan Pertanahan Nasional (BPN) juga memiliki kewenangan dalam penyelesaian sengketa pertanahan di Aceh. Terdapat tumpang tindih kewenangan dua lembaga negara dalam hal penyelesaian sengketa pertanahan di Aceh. Penelitian ini bertujuan untuk mengetahui kedudukan Dinas Pertanahan Aceh dalam penyelesaian sengketa pertanahan pasca Perpres Nomor 23 Tahun 2015. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penilitian menunjukkan bahwa kedudukan Dinas Pertanahan Aceh memiliki peranan penting dalam penyelesaian sengketa pertanahan yang terjadi di Aceh. Lahirnya Dinas Pertanahan Aceh dapat mempermudah akses masyarakat dalam hal penyelesaian konflik tanah. Disarankan DPR Aceh bersama Gubernur Aceh perlu mempercepat proses pengesahan draf Qanun Pertanahan Aceh sebagai payung hukum bagi Dinas Pertanahan Aceh dalam mengoptimalkan peran dan fungsinya terkait penyelesaian sengketa pertanahan di Aceh.In 2016, the Aceh Government formed the Regional Land Office of Aceh whose authority held government affairs in land services. One of the authorities of the Regional Land Office of Aceh is in terms of land dispute resolution and conflict. The National Land Agency (BPN) also has authority in resolving land disputes in Aceh. There are overlaps in the authority of two state institutions regarding resolving land disputes in Aceh. This study aims to determine the position of the Regional Land Office of Aceh in settlement of land disputes after the issuance of the Presidential Regulation Number 23 of 2015. This study uses a normative juridical research method. The research results show that the position of the Regional Land Office of Aceh has a significant role in resolving land disputes that occurred in Aceh. The establishment of The Regional Land Office of Aceh can facilitate public access in terms of resolving land conflicts. It is suggested that the Aceh House Representative together with the Governor of Aceh need to accelerate the process of ratifying the draft of Qanun (Islamic bylaw) of Aceh Land as a strong legal standard for the Regional Land Office of Aceh in optimizing its roles and functions related to land dispute resolution in Aceh.

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STRENGTHENING LAND REGISTRATION SYSTEM THROUGH IMPLEMENTATION OF DOMAIN APPROACH IN MANIFESTING LEGAL CERTAINTY AND COMMUNITY JUSTICE

Sosiohumaniora ◽

10.24198/sosiohumaniora.v23i3.32579 ◽

2021 ◽

Vol 23 (3) ◽

pp. 330

Author(s):

Nia Kurniati ◽

Jordan Mordekhai

Keyword(s):

Land Rights ◽

Land Ownership ◽

Legal Certainty ◽

Registration System ◽

Land Registration ◽

Positive Tendency ◽

Community Justice ◽

Land Disputes ◽

Welfare Society ◽

The Government

As an implementation of welfare society, the government issued Law Number 5 of 1960 Article 19 paragraph (2) c, which provide the legal certainty of land rights for all Indonesians carried out through land registration. The land registration system adopted by Indonesia is negative land cadastre with positive tendency. The implementation of land registration provide the basis of state duty to produce land registration evidence, namely certificate, which is valid as a strong proof of rights. This certificate guarantees the correctness of physical data besides juridical data as long as it is not proven otherwise. Method: This legal research used Normative juridical method, with qualitative juridical data analysis. Results of the study: Negative land cadastre with positive tendency adopted by Indonesia currently does not guarantee legal certainty of land ownership and the community justice itself. This is indicated by the fact that there is still a phenomenon of land disputes, among the result of the issuance of overlapping. By using a legal cadastre-based domain approach, through an approach of extracting historical values of land and integrating the process of dialogue within the issuing of certificate; obtaining legal certainty and the community justice can be achieved. Conclusion: Negative land cadastre with positive tendency is still unable to manifest legal certainty of land ownership and community justice so it is appropriate that an adage states “the highest legal certainty, is the highest injustice”. Strengthening land registration system through the domain approach is an alternative option to manifest legal certainty and community justice.

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Legal protection of online loan recipients based on financial services authority

Linguistics and Culture Review ◽

10.21744/lingcure.v5ns4.1986 ◽

2021 ◽

Vol 5 (S4) ◽

Author(s):

Annie Myranika

Keyword(s):

Data Collection ◽

Dispute Resolution ◽

Financial Services ◽

Research Method ◽

Code Of Conduct ◽

Legal Protection ◽

Qualitative Approach ◽

Upper Limit ◽

Legal Understanding

This study aims to determine the form of legal protection, dispute resolution, and provide legal understanding. The normative research method using a qualitative approach describes legislation and a case approach, and Law Number 21 of 2011 concerning the Financial Services Authority, Law Number 19 of 2016 ITE, and OJK Number 77/POJK.01/2016 concerning Borrowing Services. . Data collection techniques through (1). Interview, (2). Surveys (3). Documentation study. Conclusion (1). Many customers are victims as users of unlicensed services. (2). Efforts to protect customers against the implementation of OJK services (3). Cooperating with the Indonesian Joint Funding Fintech Association (4). Determination of the upper limit on loan interest and code of conduct for the loan collection process, (5). OJK cooperates with the Ministry of Communication and Information.

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PERLINDUNGAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK ATAS TANAH DALAM KETENTUAN PASAL 32 AYAT (2) PP No. 24 TAHUN 1997

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2014.v03.i01.p01 ◽

2014 ◽

Vol 3 (1) ◽

Cited By ~ 1

Author(s):

Putu Ade Harriestha Martana

Keyword(s):

Government Regulation ◽

Legal Protection ◽

Land Ownership ◽

Material Research ◽

Legal Certainty ◽

Legal Doctrine ◽

Registration System ◽

Land Registration ◽

Normative Basis ◽

Legal Concepts

The title of this study is “legal protection for land ownership right certificate holder according to Article 32 clause (2) Government Regulation Number 24 Year 1997”. There is a contradiction between the negative publication system which is adopted in Indonesian land registration system and the indefeasable title that is given after the certificate is published for more than five years according to Article 32 clause (2) Government Regulation Number 24 Year 1997 about Land Registration. Therefore some issues are occured, which is the legal certainty and legal protection of the land ownership right certificate holder after the five years period according to Article 32 clause (2) Government Regulation Number 24 Year 1997. The research method used in this study is normative legal research focusing on investigation of legislature as the primary legal material and supported with the legal doctrine as secondary legal material. The approaching methods used is legal concepts approach and statute approach. From the legal material research can be concluded that in normative basis the aim of article 32 clause (2) Government Regulation Number 24 year 1997 is to give a legal protection and legal certainty, but in the process the article is contradictory to the negative publication system and the clauses in the article itself is contradictory, therefore it does not give adequate legal protection and legal certainty for the holder of the land ownership right certificate after the five years period.

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PRAKTIK REKAYASA DISPENSING PUMP SPBU PERSPEKTIF PERUNDANG-UNDANGAN DAN HUKUM ISLAM

Asy-Syari ah ◽

10.15575/as.v22i2.10228 ◽

2021 ◽

Vol 22 (2) ◽

pp. 237-258

Author(s):

Hazar Kusmayanti ◽

Ratu Chairunissa

Keyword(s):

Law Enforcement ◽

Dispute Resolution ◽

Consumer Protection ◽

Islamic Law ◽

Preventive Measures ◽

Legal Protection ◽

Measuring Instruments ◽

Legal Metrology ◽

The Government ◽

Islamic View

Abstract: This research aims to examine and analyze the responsibilities of petrol stations as well as legal protection that can be obtained by consumers designed by petrol stations based on statutory views and Islamic law. This study uses the Normative Juridical method with references to Law Number 8 of 1999 concerning Consumer Protection and Law Number 2 of 1981 concerning Legal Metrology regarding measuring instruments. These results conclude that: First, engineering pump removal by business actors carried out by SPBU managers has an impact on the revocation of the PASTI PAS predicate by Pertamina which has harmed consumers, so that it is the responsibility of business actors who provide compensation in accordance with Article 19 of the Consumer Protection Law because it has increased to default. Furthermore, in Islamic law, the stipulation of compensation is carried out because no loss or damage to the victim has occurred. Second, legal protection for consumers, namely in the form of preventive and repressive. Preventive measures are carried out by providing guidance by the government and Pertamina, while repressiveness is carried out by law enforcement and / consumer dispute resolution both through courts and outside the court. Likewise, the Islamic view of pump engineering is not in line with the principles and principles of Islamic law because there is an element of gharar in it.

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Models of Land Ownership in Islam: Analysis on Hadis Ihyā’ al-Mawāt

ESENSIA Jurnal Ilmu-Ilmu Ushuluddin ◽

10.14421/esensia.v18i2.1480 ◽

2018 ◽

Vol 18 (2) ◽

pp. 189

Author(s):

Ahmad Suhendra

Keyword(s):

Land Ownership ◽

State Ownership ◽

Land Conflicts ◽

Religious Perspective ◽

Land Dispute ◽

Common Ownership ◽

Land Disputes ◽

The Status ◽

Ownership Of Land ◽

Individual Ownership

This article discusses land ownership from the perspective of tradition, especially the tradition of the revival of the dead earth (Iḥya ‘al-Mawāt). This relates to the land conflicts that often occur, so it requires a religious perspective in land ownership. Therefore, the issue raised is how the ownership of land in the Hadith? How Hadith provide a solution to the land dispute? To answer it used historical approach, hermeneutic, and sociology. Turns ownership in Islam there are three, namely individual ownership, common ownership and state ownership. Islam recognizes individual ownership is perfect (al-milk al-tāmm) and imperfect (al-milk al-nāqis). Criteria of land ownership in the Hadith oriented aspects of justice and benefits (maslaḥlah). Hadith Iḥya ‘al-Mawāt give you an idea that the Prophet prevent conflicts caused by land disputes by explaining the status and ownership of land with cultural framework. Efforts were made persuasively by a cultural approach, in addition to the structural approach.[Artikel ini membahas tentang kepemilikan tanah dari perspektif tradisi, terutama tradisi kebangkitan kembali bumi yang mati (Iḥya ‘al-Mawāt). Hal ini berkaitan dengan konflik tanah yang kerap terjadi, sehingga membutuhkan perspektif agama dalam kepemilikan tanah. Karena itu, masalah yang diangkat adalah bagaimana kepemilikan tanah dalam Hadis? Bagaimana Hadis memberikan solusi terhadap sengketa tanah? Untuk menjawabnya digunakan pendekatan historis, hermeneutik, dan sosiologi. Ternyata kepemilikan dalam Islam ada tiga, yaitu kepemilikan individu, kepemilikan bersama dan kepemilikan negara. Islam mengakui kepemilikan individu sempurna (al-milk al- tāmm) dan tidak sempurna (al-milk al-nāqis). Kriteria kepemilikan tanah dalam hadis berorientasi aspek keadilan dan tunjangan (maslaḥlah). Hadis Iḥya ‘al-Mawāt memberi Anda gagasan bahwa Nabi mencegah konflik yang disebabkan oleh sengketa tanah dengan menjelaskan status dan kepemilikan tanah dengan kerangka budaya. Upaya dilakukan secara persuasif dengan pendekatan budaya, disamping pendekatan struktural.]

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

International Journal of Criminology and Sociology ◽

10.6000/1929-4409.2021.10.144 ◽

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.

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ANALISIS HUKUM SISTEM PENYELESAIAN SENGKETA ATAS TANAH BERBASIS KEADILAN

Jurnal Pembaharuan Hukum ◽

10.26532/jph.v1i2.1481 ◽

2014 ◽

Vol 1 (2) ◽

pp. 219

Author(s):

HERLINA RATNA SAMBAWA NINGRUM

Keyword(s):

Law Enforcement ◽

Dispute Settlement ◽

Land Ownership ◽

Formal Proof ◽

Administrative State ◽

Settlement System ◽

Is Research ◽

Land Administration ◽

Land Disputes ◽

Dispute Settlement System

Law enforcement bureaucracy in resolving land disputes through litigation and non-litigation often found that in resolving the dispute is considered unjust. Disputes over land and agrarian resources in general seems to be a latent conflict. Of the various cases, rise and sharpening of land disputes not happen instantly, but to grow and develop from seeds that so long it has been deposited. This research method combines doctrinal research and socio-legal research-research, the basis of doctrinal research is research library that includes the primary legal materials, secondary law and tertiary legal materials. The results obtained 1) that the causes of the frequent occurrence of land disputes, among others; System of land administration, land ownership distribution is uneven. The legality of land ownership based solely on the formal proof (certificate), without regard to soil productivity2) Strategy Dispute Settlement System of Land-Based Justice: Strategic Administrative State, Judiciary, Legislative Strategy, Need to establish a separate judiciary in resolving disputes over land

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AKIBAT HUKUM AKTA PELEPASAN PALSU PADA KASUS RELOKASI PERLUASAN BANDARA JUANDA

Perspektif Hukum ◽

10.30649/phj.v18i2.161 ◽

2019 ◽

Vol 18 (2) ◽

pp. 248

Author(s):

Helen Camelia Cahyadi ◽

Lailatul Maghfirah ◽

Fardillah Rizkiansyah

Keyword(s):

Law Enforcement ◽

Legal Protection ◽

Land Rights ◽

Land Dispute ◽

Land Disputes ◽

History Of ◽

History Of Law

Land disputes are not a new thing that has happened in the long history of law enforcement in this country, often justice becomes overlapping which then ends at the court table, this article will also raise a case of land dispute namely the dispute over the expansion of Juanda airport, this dispute occurred on a 20-hectare plot of land located in Pranti Village, Sedati, Sidoarjo, whose parties are the East Java Pusat Koperasi Karyawan (Puskopkar) center as the land rights holder with PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT), this dispute occurred because of the alleged fake release certificate made by individuals claiming to be members of Puskopar given to PT Gala Bumi Perkasa (GBP), PT Dian Fortuna Erisindo (DFE) with PT Fortuna Harisindo Dian Tama (FHDT) for that legal protection is needed.

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