Marcapada: Jurnal Kebijakan Pertanahan
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Published By Sekolah Tinggi Pertanahan Nasional

2808-8484

2021 ◽  
Vol 1 (1) ◽  
pp. 29-41
Author(s):  
Rosi Pramula Anggriawan ◽  
Sutaryono Sutaryono ◽  
M. Nazir Salim

The increasing number of land conflicts, particularly over HGU (Hak Guna Usaha/Right to Cultivate) land, has far-reaching implications for the community. On the one hand, the community requires land, while on the other, the company seeks to defend what they consider are their rights. Because this argument attracts others, it is necessary for a government agency to act as a referee or facilitator to resolve the resulting conflict. The purpose of this study was to identify the factors that contribute to land tenure conflicts between the community and three companies that own HGU, as well as to explain the role of the Ministry of ATR/BPN in resolving those conflicts. The data collection method used in this study was a qualitative one presented in a descriptive manner, followed by a comparative/comparative analysis of the cases. The results suggested that the conflict arose because community members were inneed of land reclaimed on HGU land, while HGU holders made a little positive contribution to the residents surrounding the plantation. With regards to this situation, the Ministry of ATR/BPN attempted to resolve it through relatively effective methods, namely acting as a mediator and negotiator, delaying the HGU extension process, and eventually distributing some of it to the community. The partial efforts made thus far have been relatively effective and provide a sense of security for the landowners.


2021 ◽  
Vol 1 (1) ◽  
pp. 61-75
Author(s):  
Wenny Yolanda Ratna Sari ◽  
Priyo Katon Prasetyo ◽  
Sudibyanung Sudibyanung

Land availability is the great significant part in infrastructure development. To support the land availability, the government pursues a program called land acquisition. Land acquisition is regulated in Law Number 2 of 2012 and Government Regulation Number 71 of 2012. Based on Government Regulation Number 40 of 2014, land acquisition is divided into two, including large scale with an area of more than 5 hectares and small scale based with an area of less than 5 hectares. Small-scale land acquisition is further regulated in Presidential Regulation Number 148 of 2015 Article 121 paragraph (3) which does not require a determination of location. The purpose of this study was to determine the implementation process as well as the advantages and disadvantages of small-scale land acquisition with and without location determination in Sleman Regency. This research used a qualitative method with a descriptive approach. The results of this research showed that the implementation of land acquisition with determination of location has advantages (4) and weaknesses (6) while land acquisition without determination of location has advantages (6) and disadvantages (4).


2021 ◽  
Vol 1 (1) ◽  
pp. 90-104
Author(s):  
Yusriana Nur ◽  
Ahmad Sarwadi

Land reform is an activity to provide a sense of justice in the control, ownership, use and utilization of land in the context of the welfare of the people who work in agriculture, but in fact the goals to be achieved are not realized because before the success of the land redistribution object has been transferred to other parties, it is necessary to knowing and solving efforts so that premature transfers can be avoided, while the method used in this writing is descriptive normative, meaning to see social problems that occur in the community related to transfers for further analysis based on the results of existing research and regulatory provisions through literature study. The results show that institutionally the implementation of land reform is better than at present, because the implementing organization reaches the village level, in contrast to now only at the district level, including the prevention of the transfer of the object of redistribution, which is regulated in detail so that it is difficult to transfer rights to the land of the object of redistribution. On the other hand, the existence of cooperatives is needed as a form of prevention of diversion.


2021 ◽  
Vol 1 (1) ◽  
pp. 76-89
Author(s):  
Alfons Alfons ◽  
Dian Dewi Khasanah

Land reform is an activity to provide a sense of justice in the control, ownership, use and utilization of land in the context of the welfare of the people who work in agriculture, but in fact the goals to be achieved are not realized because before the success of the land redistribution object has been transferred to other parties, it is necessary to knowing and solving efforts so that premature transfers can be avoided, while the method used in this writing is descriptive normative, meaning to see social problems that occur in the community related to transfers for further analysis based on the results of existing research and regulatory provisions through literature study. The results show that institutionally the implementation of land reform is better than at present, because the implementing organization reaches the village level, in contrast to now only at the district level, including the prevention of the transfer of the object of redistribution, which is regulated in detail so that it is difficult to transfer rights to the land of the object of redistribution. On the other hand, the existence of cooperatives is needed as a form of prevention of diversion.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-16
Author(s):  
Nugraha Salman Ishaya ◽  
Haryo Budhiawan ◽  
Koes Widarbo

The Ministry of ATR/BPN organizes land registration innovations based on the national strategic program, namely PTSL. The implementation of PTSL aims at accelerating land registration in a fair and equitable manner, including anticipating disputes in the field of utilization and spatial planning. One important issue is the dispute over road access. The Land Office of Bekasi Regency applies a policy of implementing servituut rights in land registration activities as an anticipation of disputes related to road access. This research was conducted to understand the implementation of servituut rights as the actualization of the social function of land in the PTSL program at the Bekasi Regency Land Office. This study uses empirical legal research methods. The results of the research show that the implementation of the servituut rights policy is motivated by the dualism of road status, the existence of regional development and land acquisition, and the relatively high land value. The implementation of the policy has undergone a change in meaning, from restrictions on land use to the obligation to surrender some land rights. For PTSL participants who agree to give up part of their rights for roads, the administration of the transfer of rights is carried out in a Declaration Letter on Land Boundaries and Land Areas. For those who disagree, the plot of land is included in the K3 category and a land register is made.


2021 ◽  
Vol 1 (1) ◽  
pp. 17-28
Author(s):  
Nurul Huda ◽  
Harimukti Wandebori

In an effort to realize good and equitable services to all communities, the Ministry of ATR/BPN seeks to become a transparent and accountable institution or known as Good Governance. As an effort to realize this, digital land certification services are one of the steps towards good governance. This study aims to find out the problems faced in realizing digital certificates. The research method was carried out qualitatively, data was presented descriptively, while data collection was carried out through interviews with several respondents, namely the community and employees in the Kerawang Regency Land Office. The results of the study show that several obstacles in digital certificates are caused by internal factors including those related to human resources who are not entirely able to use technology/information, limited office infrastructure, data that has not been integrated and the need for definite checks related to documents in land certificates. While some external factors are related to the community and other agencies, namely not all people have the ability to use information technology, not all people have digital equipment, besides the problem with other agencies, namely the unavailability or integration of data in one system. Some of these problems have caused the digital land certification process to take a long time and do not meet the expected standards.


2021 ◽  
Vol 1 (1) ◽  
pp. 42-60
Author(s):  
Sara Exaudia ◽  
Wahyuni Wahyuni ◽  
Akur Nurasa

Economic growth in line with service modernization requires the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) complete assigned efficiently, accurately, and effectively. To improve service quality, digital and integrated transformation are required. This has been accomplished by using electronically integrated Mortgage Rights (HT-el) services. Batam City Land Office has been operating HT-el services as one of the pilot projects since September 2019. Therefore, this study discusses how HT-el was implemented at Batam City Land Office. This study aimed to determine the suitability of Batam City Land Office's implementation of HT-el services with ATR/BPN Ministry Regulation Number 5 of 2020, the implementation’s obstacles, and the solutions. This study used qualitative method with descriptive approach. The findings indicated that the implementation of HT-el in Batam City Land Office has been completed in accordance with the HT-el service stages of preparation, implementation, and evaluation, such that the implementation of HT-el in Batam City Land Office complies with ATR/BPN Ministry Regulation Number 5 of 2020. Constraints encountered and resolve efforts are: (1) disruption of the HT-el system; (2) omission of debtors with different guarantors; (3) errors in HT ranking data; and (4) the file was canceled due to non-compliance.


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