DEVELOPMENT OF THE INSTITUTION OF LEGAL REGULATION OF AGRARIAN ENTREPRENEURSHIP

The author notes that modern agricultural production has the character of specific entrepreneurial activity in special conditions, with a unique membership, whose activities are regulated by special legislation, which is structurally an institution of agrarian legislation. The author believes that the new agribusiness relations will be followed by the formation of a new specific legal institution of agrarian law - the institution of legal regulation of agrarian entrepreneurship with its own subject, principles, methods and content of statutory acts aimed to ensure the efficiency of commercial agricultural production under new and constantly changing conditions, as well as food and environmental security of the State.

Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.

General Features of the System of Principles of Agrarian Law

The features of the system of modern principles of agrarian law were considered in the article. Attention was drawn to the lack of unity and significant differences between individual author positions in formulating a system of such principles in both qualitative and quantitative aspects. The reason for this situation, which is the opposition of objective and subjective principles in the nature of the principles of agrarian law, has been revealed. The predominance of the subjective component leads to the diversity of the principles proposed by scientists, which should not be invented, but discovered. The inconsistency of the subjective vision of scientists with the objective nature of the principles causes the ineffectiveness of the norms that are a consequence of the implementation of such principles in the normative array. Insufficient level of disclosure of theoretical nuances of formation of principles of agrarian law leads to their identification with tasks of agrarian law as branch of law. It has been stated that most scholars introduce a two-level differentiation of the principles of agrarian law into general and branch (special) ones. Attention was sharpened in the absence of the principles of the intersectoral level in most of the systems proposed today, which leads to unnecessary duplication at the level of sectoral (special) principles. The identification of common law and constitutional principles used in the theory of agrarian law has been criticized. The introduction of a six-tier structure of the system of principles of agrarian law in terms of general (international and national), intersectoral, sectoral, sub-sectoral, institutional and sub-institutional principles was justified. Keywords: agrarian law, principle, the principle of agrarian law, system of principles of agrarian law, structure of principles of agrarian law

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

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.

The principle of greening in agricultural law

The importance of greening of modern agricultural production in terms of increasing the use of toxic substances of chemical or biological origin, which requires the direction of modern agricultural production in the direction of greening of artificial and natural factors of production, giving these issues extreme relevance. The conceptual and categorical transformation of ecological aspects of agriculture is given, which alternately took the form of the principle of agrarian law first as the principle of greening of labor in agriculture, then – the principle of greening of agriculture, ecological orientation of entrepreneurship in agriculture, and later – greening of agriculture and finally, acquired the formulation of the principle of greening of agricultural legislation. Other variants of the author's positions are also presented, among which the greening of agrarian law or directly the principles of agrarian law, as well as the state agrarian policy are considered. Based on the general nature of the principles, the implementation of which requires implementation in the regulations of the legislation, the priority of formulating the principle of greening of agricultural legislation is substantiated. At the same time, there are examples of greening the content of status agrarian laws, as well as non-«greening» status laws, which indicates the incomplete implementation of this principle in agricultural legislation. An array of functional agrarian laws is analyzed for certain areas of activity, which in quantitative terms and in terms of coverage outweigh the greening of status laws. Keywords: principle, greening, agrarian law, greening of agricultural legislation

Restore Recognition Of Legal Pluralism As A National Law Development Model That Is Justice

Article 18 B paragraph (2) of the 1945 Constitution explains that the state recognizes and respects the customary law community and their traditional rights as long as they are still alive. The purpose of macro-legal politics that accommodates written and unwritten laws is implemented in a variety of messo (intermediate) legal politics through various laws. During this time the recognition of the existence of customary law as a manifestation of recognition of legal pluralism for example in Agrarian Law is often ignored. Then it takes recognition of strong legal pluralism in supporting legal development in Indonesia regulated in Law no. 17 of 2007 concerning the National Long-Term Development Plan of 2005. with due regard to the plurality of applicable legal arrangements.

Jual Beli Tanah Dalam Hukum Tanah Atas Akta Perjanjian Pengikatan Jual Beli Bertingkat yang Dibuat oleh Notaris

The deed of the purchase and sale agreement (PPJB). The deed of the sale and purchase agreement is a preliminary agreement prior to the sale and purchase of land. PPJB is used only once. If what is agreed in the PPJB has been fulfilled then the signing of the sale and purchase deed can be carried out, by signing the sale and purchase deed, the ownership of land rights has been transferred. There are still many people who think that when the PPJB is signed, there will be a transfer of land rights, even though the PPJB is not an evidence of a transfer of land rights. This thesis discusses graded PPJB or recurring PPJB made by a Notary on a plot of land based on ownership rights over land use rights of former customary land based on the quotation of the Decree of the Governor of East Java Region Serial Number I/Agr/117 XI/HM/01.G/1970 issued November 4, 1970, or uncertified land. Whether it contradicts the concept of buying and selling in agrarian law and the legal consequences of the PPAT who made the sale and purchase deed based on the graded PPJB.Keywords: Graded PPJB; Recurring PPJB: Proof of Prior Rights.Akta Perjanjian Pengikatan Jual Beli (akta PPJB). Akta PPJB merupakan perjanjian pendahuluan sebelum diadakannya jual beli tanah. Akta PPJB digunakan untuk sekali saja, namun prakteknya masih ditemukan Akta PPJB bertingkat. Masih banyak masyarakat yang menganggap apabila sudah ada akta PPJB sudah ada peralihan hak atas tanah, padahal akta PPJB bukan bukti adanya peralihan hak atas tanah. Akta Jual Beli (AJB) yang merupakan bukti adanya peralihan hak atas tanah. AJB dibuat apabila syarat-syarat yang ada dalam akta PPJB sudah terpenuhi. Dalam tesis ini membahas tentang akta PPJB bertingkat atau akta PPJB berulang yang dibuat oleh Notaris atas sebidang tanah berdasarkan Hak Milik atas tanah Hak Pakai bekas Gogolan tidak tetap berdasarkan Kutipan Surat Keputusan Gubernur Kepala Daerah Tingkat I Jawa Timur Nomor I/Agr/117/XI/HM/01.G/1970 tertanggal 4 Nopember tahun 1970 atau tanah yang belum bersertipikat apakah akta PPJB bertingkat tersebut bertentangan dengan konsep jual beli dalam hukum tanah dan akibat hukum dari Pejabat Pembuat Akta Tanah (PPAT) membuat AJB berdasarkan akta PPJB bertingkat.Kata Kunci: PPJB Bertingkat; PPJB Berulang; Bukti Hak Lama.

Right to Own Land by the State in the Frame of Constitutional Law

The right to control the state over land should be able to achieve the greatest prosperity of the people as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia. It is important to discuss the problem of the meaning of the substance of the right to control land by the State based on the 1945 Constitution. and what is the right to control land by the state based on regulations in the framework of constitutional law so that land for the greatest prosperity of the people can be achieved. The research method used is the normative juridical legal research method. The results show that the right to control land by the state within the framework of constitutional law is still very far from being burned, so that the prosperity of the people, one of which can be achieved through proper management of land controlled by the state, has not been able to achieve people's happiness as adhered to by the theory of utilitarianism law and more. continued as stated in the 1945 Constitution and the Basic Agrarian Law applicable in Indonesia.