PERAN NOTARIS DALAM PEMANFAATAN RUANG BAWAH TANAH UNTUK SARANA JARINGAN UTILITAS TERPADU DI DKI JAKARTA

Peningkatan bonus demografi di Indonesia menyebabkan jumlah permukaan lahan untuk dimanfaatkan ruangnya dalam menggerakan roda ekonomi semakin sempit. Provinsi Daerah Khusus Ibukota Jakarta yang menjadi pusat bisnis dalam menghadapi masalah keterbatasan lahan perlu memanfaatkan ruang bawah tanah yang ada. Keberadaan ruang bawah tanah pada praktiknya dimanfaatkan untuk sarana jaringan utilitas terpadu agar pemanfaatan lahan menjadi lebih optimal. Sebelum adanya Undang-Undang Nomor 11 Tahun 2020 pemanfaatan ruang bawah tanah tidak diatur secara komprehensif. Kemudian barulah Peraturan Pemerintah No. 18 tahun 2021 menegaskan secara yuridis bahwa terdapat pemisahan secara horizontal antara kepemilikan hak atas tanah di atas permukaan dengan di bawah tanah. Namun dalam penerapan peraturan-peraturan dimaksud masih perlu adanya sosialisasi terus menerus agar tercipta keteraturan pemahaman hukum. Lebih lanjut, dengan adanya Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 yang menyatakan UUCK inkonstitusional bersyarat diduga dapat memperlambat proses penerapan peraturan baru ini. Bahwa dalam hal ini diperlukan peranan notaris sebagai pejabat pembuat akta tanah yang akan bersinggungan dengan hal-hal dimaksud. Notaris perlu turut andil dalam peran edukasi terkait khususnya pelaksanaanya selama masa pandemi covid-19 saat ini. Penulis menemukan dalam pemanfaatan ruang bawah tanah menggunakan hak guna bangunan dimana untuk pembuatan aktanya dapat diproses oleh notaris.Keyword: Notaris, ruang bawah tanah, jaringan utilitasAbstractThe increase in the demographic bonus in Indonesia causes the amount of land to be used for economic development purposes has its own limitation. The Province of the Special Capital City Region of Jakarta, which is a business center that dealing with the problem of limited land, needs to take advantage of the existing underground space. The existence of underground space is usually utilized for integrated utility network facilities so that land use becomes more optimal. Prior to Law Number 11 of 2020 the use of underground spaces was not comprehensively regulated. Then the Government Regulation No. 18 of 2021 juridically confirms that there is a horizontal separation between ownership of land rights above the surface and below the ground. However, in the application of these regulations, there is still a need for continuous socialization in order to create a regular understanding of the law. Furthermore, with the Constitutional Court Decision Number 91/PUU-XVIII/2020 which states that the UUCK is conditionally unconstitutional, it is suspected that it can slow down the process of implementing this new regulation. That in this case the role of a notary as an official making land deeds is needed which will intersect with the underground utilization. Notaries need to take part in the role of related education, especially its implementation during the current covid-19 pandemic. The author finds that in the use of the basement using the right to use the building where the deed can be processed by a notary.

Returning Home: The Ambivalent Assyrian Experience in Turkey

Discrimination and precarious living conditions in Tur Abdin, in southeastern Turkey, prompted Assyrians, indigenous Christian ethnic people to the country, to leave their homeland for Europe in the early 1960s. The process of migration continued for several decades and intensified with the militarization of the eastern provinces during the fight against the Kurdish PKK. Many Assyrian villages had to be abandoned. With an appeal formulated in a circular letter by Turkey’s then Prime Minister Bülent Ecevit in 2001, the Turkish government encouraged Assyrians abroad to return to their former homeland, assuring them that their security and rights as citizens would be guaranteed by the state. At the beginning of the new millennium, the situation in Tur Abdin seemed noticeably improved. The end of the state of emergency in the eastern provinces and the application of rule of law in the wake of the reforms in the context of EU accession process contributed to this. Many of the Assyrians who emigrated re-visited their former villages, but also tried to rebuild churches and their mostly dilapidated houses. Clarification of ownership of land and properties after occupation and changes of legal basis became a key issue.

Popular Religious Traditions, British Military Recruitment and the Social Construction of Masculinity in Colonial Haryana

It is generally assumed that colonial institutions and ideologies shaped the contours of masculinity in British India. This paper explores endogenous factors and attempts to supplement as well as contest such approaches and interpretations which claim that masculinity in India was a colonial construction. The emphasis is on folk traditions, religious customs, qaumi (folk) tales and physical culture akh???s (gymnasia) among the Jats in colonial Haryana,1 which went into the making of dominant masculinity in this region. The paper draws upon vernacular language materials and newspapers to analyse the different ways in which the socially endogenous forces constructed this masculinity. It argues that a complex interaction of popular religious traditions, qaumi narratives, military recruitment, marital caste designation, ownership of land, superior caste behaviour and strong bodily physique came to ideologically link and construct dominant masculinity in colonial Haryana.

Implementasi PTSL Sebagai Upaya Pencegahan Konflik Pertanahan Di Kecamatan Ingin Jaya Kabupaten Aceh Besar

In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.

Penyelesaian Sengketa Pelepasan Hak Atas Tanah Oleh Pemerintah Dalam Proses Pendaftaran Tanah

Article 41 paragraph (2) of Law No. 2 of 2012 on Land Procurement for Development in the Public Interest states that, when granting Compensation of Parties Entitled to receive Mandatory Compensation, a. exercising the release of rights; and b. submit evidence of ownership or ownership of Land Procurement Objects to Agencies that require land through land institutions. In the court's ruling stated that the boundaries of the land should be mentioned and how much extent was waived and the rest how much, and the procedure of disengagement of the right there was preparation, planning, implementation and release, and the release of the land rights was always followed by compensation, because this is an unlawful act. The results of this study show that, the release of land rights by the government in the land registration process in the court's ruling states that if 6 (six) landowners relinquish the right, it must be 6 (six) people who relinquish their rights if only 2 (two) are invalid, then a new land is said to be state land after the release of his rights. Any release of land rights must have a reason there can't be no reason land is being released to the state. The procedure for the release of that right is there is preparation, planning, implementation and release, and the release of the land rights is always followed by compensation.

The Paradoxes of the Law and Judicial Practice Involving the Lease of Land Plots

Introduction: the paradox of the judicial practice on claims of the municipal authorities on forcing the conclusion of lease agreements of land plots with the owners of parking spaces in the underground parking lots (garages). The Tax Code of the Russian Federation (Article 15 of the Tax Code of the Russian Federation) establishes a fee for the use of land. The forms of payment for the use of land are land tax and rent. Article 15 of the Tax Code of the Russian Federation establishes that the land tax refers to local taxes and the payment for it goes to the local budget of the municipality in whose territory the tax was introduced. The right of ownership of land (real estate) is registered and is publicly available. The tax authorities immediately issue payment receipts and the owners pay the tax, so the payment for the use of land is observed. Nevertheless, the municipal authorities (the departments of municipal property of the DMI) require owners to conclude lease agreements, lease their property and pay a fee to the local budget. The courts satisfy such claims and create a paradox that does not meet the requirements of the Constitution of the Russian Federation (Article 36), the requirements of the Civil Code of the Russian Federation, which establishes that the landlord can only be the owner or a person authorized by law or the owner to lease the property (Article 608 of the Civil Code of the Russian Federation). It is paradoxical, but that’s the fact that the owner of his property becomes both a landlord and a tenant of his property. And the departments receive double payment for the use of land in the form of a local tax and in the form of rent. It is necessary to formulate the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation more clearly and expressly so that there is no possibility of a paradoxical interpretation of the procedure for their application. In addition, the courts recognize the owner as unreasonably enriched, since the registered ownership of the land plot is not considered a sufficient legal basis to use his property. The purpose of the study is the author’s attempts to show contradictions in the judicial practice on the application of the norms of the Constitution of the Russian Federation, the Tax Code of the Russian Federation, and the Civil Code of the Russian Federation. Methods: in the process of the research, the method of a systematic approach to the study of legal concepts, comparative legal analysis, and synthesis was used. Results: the author clearly shows the conflict of interests of the owners of land plots and the departments of municipal property. As a result of the study, it is shown that the wording of the norms of the Tax Code of the Russian Federation and the Civil Code of the Russian Federation allows them to be interpreted differently and, accordingly, applied differently. Conclusions: the author proposes the rules for the exact interpretation of the norms of law and changes in the judicial practice in such cases.

Role of the Law in Achieving Sustainable Urban Development through Fiscal Incentives in Nigeria

As the Nigerian population increasingly becomes urban; the situation has had harmful societal, environmental, health and infrastructural effects on the urban centres. The situation is exacerbated by the fact that the rate of land urbanisation in the country is moving at a slower pace; thereby placing pressure on the existing urban centres. Research conducted on urbanisation in Nigeria has revealed that the rate of urbanisation is unsustainable, serves as a constraint on economic development, and Nigeria’s cities are among the worst to live in. Data on the urbanization policies of various governments, globally, reveals that Nigeria is one of the few countries in the world without a clear urban policy. Meanwhile, Nigeria’s population continues to increase and is expected to have doubled by 2050. It is against this backdrop that this paper undertakes a multidisciplinary study of how the law’s adoption of fiscal incentives can help drive sustainable urban development in Nigeria. This paper argues that this will help the state governments in the decongestion of the existing urban centres (as the population urbanisation increases), ensure the creation of new urban centres, utilise fiscal incentives to attract businesses/ urban population to the new centres, and have sufficient fiscal revenues to sustainably manage the urban centres. This paper comparatively analyses the contribution of China’s legal system to its state-led land urbanization moving at a faster rate than its population urbanisation, thereby avoiding the ills associated with urbanization such as congestion, unemployment, etc. With China and Nigeria sharing a similar decentralized tax and fiscal system, state ownership of land, and a large population; this paper argues that the Chinese model can be adopted successfully in Nigeria.

Pelaksanaan Pendaftaran Tanah Sistematis Lengkap di Desa Menanga, Kecamatan Rendang, Kabupaten Karangasem

Complete systematic land registration is a program organized by the government, specifically the "Ministry of Agrarian Affairs and Spatial Planning or Head of the National Land Agency". with the aim of increasing the number of land registrations issuing certificates in Indonesia. This is very important, so it is hoped that the participation of the whole community in the importance of certificates and it is hoped that the National Land Agency will provide socialization about the importance of ownership of land rights. Its application is contained in the Regulation of the Minister of Agrarian Affairs and Spatial Planning or the Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 concerning Complete Systematic Land Registration. This study aimed to examine the process of implementing a complete systematic land registration and its obstacles and to examine the efforts to implement a complete systematic land registration in the village of Menanga, Rendang District, Karangasem Regency. The method used was empirical legal research. Sources of data used were primary and secondary legal data, then analyzed through interpretation and qualitative techniques. The results showed that the Implementation of Complete Systematic Land Registration in Menanga Village, Rendang District, Karangasem Regency was carried out to achieve legal certainty of land rights ownership. The implementation of this program has not been effective and has not been implemented optimally due to the low participation in the management of land certificates.

Framing of Land Ownership in The Herald Newspaper in Zimbabwe

The aim of this article is to critically unpack the frames through which the concept of land ownership was discussed in The Herald newspaper during the land reform exercise, also known as Third Chimurenga or “Fast Track Land Reform Exercise,” which was earnestly conducted in the period 2000–2008. The potential of the media in general, and The Herald newspaper in particular, to mould public opinion cannot be ignored. The article is guided by framing theory in its exploration of land ownership discourses in the Zimbabwean media. Framing theory refers to how the media packages and presents information to the public. Accordingly, the media highlights certain events and places them within a particular context to encourage or discourage certain interpretations. In this way, the media exercises a selective influence on how people view reality. This article argues that land, according to The Herald newspaper, belongs to the Black majority or native people of Zimbabwe, and ownership of land was legitimised generally through skin colour and place of birth. In this respect, The Herald newspaper took a positive stance toward the inevitability of the Land Reform Programme. However, it did not clearly state whether all Black people had equal access to the land or had the same right to own land. To demonstrate the above, two stories from The Herald newspaper, namely: “Land: Central to Liberation Struggle” (18 April 2005); and “Land Reform Pinnacle of the Struggle” (10 August 2004) were purposively sampled. Purposive sampling is a non-probability sampling technique used in selecting stories that have particular characteristics within a canon of newspaper stories that are of interest, and which will best enable the researcher to answer research questions. The two stories above were chosen since both focus on land ownership in Zimbabwe.

Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.