Agrarian Regulation Research Articles

THE LEGAL STATUS OF UNCERTIFIED LAND IN INDONESIA: CHALLENGES AND PATHWAYS TO OWNERSHIP CERTIFICATION UNDER AGRARIAN LAW

Every individual has the right to private property, and these rights cannot be taken arbitrarily. Before the enactment of the Basic Agrarian Law (UUPA) in Indonesia, a dualism in agrarian regulations existed, leading to various forms of land tenure. One such form is "girik," a document associated with generational land ownership, often without an official land certificate. Girik land is typically inherited and lacks formal certification, creating potential legal complications. This research employs normative juridical methods, focusing on secondary data to examine the legal status of girik as land ownership evidence under Indonesian agrarian law. The study addresses two key questions: (1) What is the legal standing of girik as proof of land ownership under Indonesian agrarian law? and (2) How can the status of girik land be converted into a formal certificate of ownership? Findings reveal that the UUPA does not recognize girik as valid proof of ownership, as confirmed by Supreme Court Decision No. 34/K/Sip/1960. The research underscores the importance of formalizing girik land to prevent future legal disputes.

The Legal Protection for the Recognition of Customary Right in Agrarian Regulations

The purpose of this research, to find out the extent to which customary law community land rights are recognized in Indonesian legislation. This article is legal research type of library research by using a statutory regulatory approach (Statute Approach). For customary law communities, Land is part of their lives that is controlled and managed jointly with the responsibility given by nature to maintain and protect it. In reality, a lot of customary land has been taken by the government and used as agricultural land, Even though customary law communities have legal standing regulated in the 1945 Constitution, Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles, MPR Decree No. IX/2001, Law Number 39 of 1999 concerning human rights. However, in reality, the government still takes customary land which is then given to investors to manage. This of course infringes the rights of customary law communities. This problem is exacerbated because in article 5 paragraph (1) of Law number 41 of 1999 concerning Forestry states that customary forests are part of state forests.

Critical Role of Agrarian Reform in Development National in Indonesia

<span>This research aims to analyze the Critical Role of Agrarian Reform in National Development in Indonesia. This research method is normative; namely, research focused on assessing the application of rules or norms in positive law. By using a statutory approach (statute approach) is an approach that is taken by examining the standards contained in statutory provisions. The primary material sources used in this study are the 1945 Constitution of the Republic of Indonesia (1945 Constitution), Law Number 5 of 1960 concerning Basic Agrarian Regulations (UUPA), and MPR RI Decree No. IX/MPR/2001 concerning Agrarian Reform and Natural Resource Management (TAP MPR RI No. IX/MPR/2001), and Presidential Regulation of the Republic of Indonesia Number 86 of 2018 concerning Agrarian Reform (Perpres 86/2018). While the secondary legal materials used by the author are publications in the field of law but not official documents, namely: books, journals, and comments. The study results concluded that Agrarian Reform aimed to rearrange the existing order in society so that people could feel justice and equity in the land sector. In carrying out agrarian reform, there are several stages, namely the establishment of a committee at the autonomous regional level, which is tasked with registering land ownership that exceeds the maximum limit and whose goal is people's welfare, legal certainty, and justice. However, in its development, the implementation of agrarian reform experienced obstacles that caused the main objectives of agricultural reform not to be achieved, so a rural reform arrangement was needed to be aimed at the prosperity of the people.</span>

The Development of Recognition and Protection of the Customary Rights of Indigenous Peoples in Indonesia

indigenous people of Indonesia occasionally experience changes to their customary rights. The Dutch East Indies government has had exclusive jurisdiction over the communities with customary law since the time of Dutch colonial rule. Following Indonesia’s independence, Agrarian development saw quite radical transformations, including the establishment of ulayat rights for communities governed by customary law. A groundbreaking law, known as Law No. 5 of 1960 addressing Basic Agrarian Regulations, was created in 1960. Ulayat rights are acknowledged for existing and being put into practice. This essay examines Indonesia’s legal community’ growing acceptance of customary rights. This kind of research refers to the norms found in statutory rules and is normative in nature because it is based on primary and secondary legal materials. The study’s findings demonstrate that for communities governed by customary law or indigenous peoples who have lost their traditional territory, recognition does not always ensure justice. The defense of their customary rights cannot be made based on government rules and legislation.
 Keywords: recognition, protection, indigenous people, Indonesia

Legal Analysis of Administratively Defective Certificates

To achieve legal certainty and legal protection of land rights, a land rights certificate is given as proof of a person's ownership of land and its buildings. Land registration is carried out to ensure legal certainty. The aim of the research is to determine the procedures for canceling certificates belonging to administrative defects. This research uses a normative juridical method with a statutory regulatory approach. Research results found that the Certificate of Ownership was administratively flawed based on Minister of Agrarian Regulation No. 3 of 1999 article 1 number 12 states that the basis for canceling a certificate can be canceled because the decision is administratively flawed. administrative defects in the Certificate Issuance, the relevant Certificate may be submitted for Cancellation. Certificate cancellation can be done via BPN and TUN. In the process of issuing a certificate of land rights, there may be errors or administrative defects, so it can be canceled in three ways, namely Cancellation of land rights issued because there are administrative legal defects in the issuance of the decision to grant and/or certificate of land rights or implementing a court decision that has been made. obtain permanent legal force.

Land Management Rights by The Government For Investment Needs in Indonesia

Management rights are considered to be one of the Government's efforts to facilitate large entrepreneurs in investing in Indonesia. Of course, investment is expected to improve the community's economy. One of the efforts to improve the economy is done by creating jobs for the community. So it is necessary to map the land that is ready for business activities for investors. This article focuses on land management rights by the government for investment needs in Indonesia. The results show that the Management Rights (HPL) arrangement is not explicitly spelled out in Law Number 5 of 1960 concerning Basic Agrarian Regulations. that management rights are not purely from the state's control rights over land, but rather the delegation of the state's control rights to the subject or holder of management rights. The concept of a land bank in terms of its function becomes very important to consider as an instrument for land reserves in investment efforts for the prosperity of the people.

Analisis Hukum Hilangnya Hak Kepemilikan Tanah Masyarakat Pesisir Bintan Akibat Peraturan Agraria

Purpose: To explain the struggle in obtaining and utilizing natural resources, including land, the current legislation is unable to protect the rights of the community and tends to give more rights to the owners. Methods: This research is typical (normative). Primary legal materials, or primary legal materials that have authority, and secondary legal materials are two types of research sources Result: The government must also play a role in placing land along the coast because someone must regulate land to ensure the safety of people living along the coast. Agrarian regulations for coastal communities have legal certainty regarding the possibility of eliminating land rights if the land is given to the state and destroyed. The allocation, use, provision and maintenance of land are all regulated and managed by the state. Limitations: Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, management of coastal areas and small islands must have HP-3 (Coastal Water Management Rights) (UU PWP-PPK). Contribution: Basic Agrarian Regulations, promulgated based on Law no. 5 of 1960, provides legal certainty regarding the elimination of ownership rights to land when it is handed over to the state and destroyed.

Legal Status of the Land of the Sultanate Special Region of Yogyakarta

Land within the territory of the Republic of Indonesia is one of the main natural resources and has a very strategic function in meeting the increasingly diverse needs of the state and its people. policies for managing control, ownership, and utilization of land as stipulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. The Special Region of Yogyakarta, as one of the regions that has privileges in carrying out its administration, is regulated by law. One of the privileges of the Special Region of Yogyakarta is the issue of land. In the Special Region of Yogyakarta, not all Indonesian citizens can obtain property rights as stipulated in the law. It's as if the regional government is discriminating against Indonesian citizens, especially non-Indigenous Indonesian citizens. With the Instruction of the Deputy Governor of the Special Region of Yogyakarta No. K.898/I/A/1975, it has become increasingly clear in the land polemic in the Special Region of Yogyakarta that there have been discriminatory actions in the land sector.

KEPASTIAN HUKUM MENGENAI HIBAH WASIAT DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH

Book of Civil Law (KUHPer), the concept of Grant is divided into two forms, yaito Grant and probate grant. The basic difference between the two is that the grant is made while the grantor is still alive, while the will grant is only carried out after the will grantor dies. The law regarding grants is regulated in Article 1666 of the Civil Code, while probate grants are regulated in Article 957 of the Civil Code. Related to the collection of duties on the acquisition of land and building rights, although the acquisition value of non-taxable taxable objects is regulated by local regulations under Article 46 paragraph 8,. in this study raised the issue of how the implementation of probate grants in the practice of law in Indonesia? And how the legal certainty of probate grants in terms of Law No. 1 year 2022 on the financial relationship between Central and local governments?by using the theory of Agreement and The Theory of legal certainty The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. That the court will certify the will if it meets the requirements of the law, checks for compliance with the provisions of applicable law, and ensures that there are no disputes that prevent the execution of the grant. The implementation of this will grant is a harmonization between the principles of treaty law and agrarian law. Although it is a form of agreement, the probate Grant is also subject to agrarian regulations governing land and property rights. Thus, the legal process in accordance with the applicable provisions is important to maintain the validity and continuity of the implementation of the probate Grant and protect the rights of the parties involved and that Law No. 1 of 2022 on financial relations between Central and local governments has an important impact on the legal certainty of the implementation of probate grants in Indonesia, especially in terms of the protection and management of donated property. Although it does not directly regulate probate grants, it does provide a broader legal context that can support clarity of procedure and protection of the rights of grantees

The Role of the Medan City Land Office in Issuance of Certificates for Ex-BLBI Asset Substitutes

This study aims to examine and analyze the role of the Medan City Land Agency in handling the issuance of replacement certificates for land rights which are former assets. BLBI, as well as the obstacles faced by the Medan City Land Agency in the process. The research method used is normative juridical research with an analytical descriptive approach. Data collection was carried out through literature and field studies, and research analysis was carried out qualitatively. Based on the results of the research, legal regulations regarding the issuance of certificates in lieu of land rights are regulated in Articles 59 and 60 of Government Regulation No. 24 of 1997 and Article 138 of the Minister of Agrarian Regulation No. 3 of 1997. The role of the Medan City Land Office in safeguarding ex-BLBI land assets involves activities such as tracing ex-BLBI assets based on information from the Ministry of Finance, securing land books, and mapping. Obstacles faced by the Medan City Land Office in managing BLBI assets include transfer of ownership to other parties, difficulty identifying the physical holders of land, falsification of documents, and limited information.

Existence of Customary Land According to the Basic Agrarian Law

Land tenure by indigenous peoples tends to be ignored. This situation occurs because government policies do not pay attention to developments in land tenure by indigenous peoples. In essence, customary law is law that is recognized for public purposes. Because of this, the state and government should provide protection for the rights of indigenous peoples which are included in the state constitution. This is also stated in Law Number 5 of 1960 concerning Basic Agrarian Regulations. Traditionally owned land or called ulayat land, in essence according to custom is land that cannot be contested and cannot be owned in the form of individuals. However, in these regulations, land can become land rights that can be owned individually without erasing the existence of customary land from customary law communities in Indonesia. The existence of customary law will never retreat or be displaced from the world of politics in building national law, considering that customary law has the ability to adapt and be flexible.

LEGAL PROTECTION OF THE SALE AND PURCHASE OF LAND RIGHTS THAT HAVE NOT BEEN REGISTERED

This article aims to discuss the legal consequences of buying and selling land rights that have not been registered and legal protection for buying and selling land rights that have not been registered. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this research are the Big Indonesian Dictionary and the Legal Dictionary. The results of the research show that the legal consequences of transferring rights due to the sale and purchase of land that has not been registered are legally valid if the transfer of land rights is due to the sale and purchase of land that has not been registered. the registration has met the material requirements for sale and purchase, namely "bright" and "Cash". Legal protection for buyers of land rights due to the sale and purchase of land that has not been registered will still receive legal protection if those who obtain it are in good faith, namely in the form of repressive legal protection, namely legal protection which is directed more towards efforts to resolve disputes, as an example is the settlement of disputes in court,

LEGAL CERTAINTY OF BPJS KESEHATAN CARD REQUIREMENTS IN THE TRANSFER OF LAND RIGHTS

This article aims to analyze and examine the legal certainty of the prerequisites for the BPJS card in transferring land rights and the legality of transferring land rights without attaching a BPJS card after Presidential Instruction No. 1 of 2022. This article uses a normative legal research method. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration and Presidential Instruction Number 1 of 2022 concerning Optimization of the Implementation of the National Health Insurance Program. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that legal certainty is a prerequisite for BPJS cards in transferring land rights, namely the government does not actualize aspects of legal certainty as prerequisites for BPJS cards in transferring land rights where legal regulations must be implemented consistently and consequentl.

Legal Review Of Granting Of Building Utilization Rights (HGB) For 160 Years To Investors In The Capital City Of The Nusantara Development (IKN)

The purpose of this writing is to understand the policies issued by the Government of Indonesia through the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) offering incentives for building use rights (HGB) for up to 80 years and even up to 160 years for investors in Mrs. Archipelago City (IKN). Laws and regulations regarding the term of building use rights have been regulated in law number 5 of 1960 concerning basic agrarian regulations, other laws and regulations which also regulate building use rights are in Government Regulation Number 18 of 2021 concerning management rights. , Land rights, apartment units and land registration, the HGB period according to this law is given for a maximum period of 30 years, extended for a maximum period of 20 years and renewed for a maximum of 30 years. The research method used in this paper is a type of normative research that analyzes the Granting of Building Use Rights (HGB) for 160 years to Investors for the Development of the Archipelago Capital City (IKN). This normative research emphasizes written documents such as laws and regulations, court decisions, legal theories and opinions of scholars. The granting of Building Use Rights to investors for the development of the Archipelago Capital City cannot be given at the same time, Extension and renewal of HGB for 160 years, but Building Use Rights for 30 (thirty) years are given then extended for 20 (twenty) years, and renewal is carried out for 30 (thirty) years after the expiry of the land with the Right to Build, it will return to become Land directly controlled by the State or Land with Management Rights.

GRONDKAART LEGALITY AS EVIDENCE OF LAND TENURE RIGHTS BY PT. KAI ACCORDING TO AGRARIAN LAW

Grondkaart or block maps are documents that prove the ownership of assets which are wealth for an institution or company that must be maintained. There are several things that are still being debated regarding the position or legality of Grondkaart itself. One state company that still uses Grondkaart as proof of ownership of its land assets is PT. Kereta Api Indonesia (Persero) or PT. KAI. Land assets PT. KAI is a legacy of the Dutch railroad company which was subject to nationalization, the land often causes disputes due to evidence of land tenure in the form of Grondkaart which is not regulated in Law Number 5 of 1960 and Government Regulation Number 24 of 1997. The formulation of the problem in this article is (1) What is the position of Grondkaart as a basis for rights or evidence of land tenure according to Indonesian Agrarian Law? (2) How is the legal protection and legal certainty of Grondkaart as proof of land ownership by PT KAI so that it can provide a solution to land problems for the residents of Miji Mojokerto? The research method used in this article is the normative legal research method with statutory, conceptual and case approaches. The technique used in the analysis of legal material is to use grammatical interpretation and systematic interpretation. The results showed that Grondkaart's position was not regulated in Law No. 5 of 1960 concerning Basic Agrarian Regulations and Government Regulation No. 10 of 1960 Jo. Government Regulation Number 24 of 1997 concerning Land Registration, this has resulted in that Grondkaart is not a strong proof of ownership of railway land, but can be used as a basis for ownership or as the basis for PT. Kereta Api Indonesia (Persero) to register their land in order to obtain a strong Certificate of Land Rights. Grondkaart is proof of PT KAI's land ownership which if in the process of securing assets a dispute occurs it can be used as proof of ownership where rights have never been renewed.

The Law of Passorong Ownership in Mandar Community Marriage, Majene Regency: A Comparison Study of Islamic Law and Positive Law

The presence of Passorong in the Mandar ethnicity of Majene Regency is a gift of wealth from the prospective husband to his prospective wife to enter into a marriage. Passorong in terms is similar to dowry in Islamic law, which is a gift from the groom to the bride. This study is a field study with a qualitative descriptive research type. The source of data in this research is the Office of Religious Affairs in Majene Regency. The approach used consists of normative theological, juridical, sociological, anthropological, and philosophical approaches. Methods of data collection obtained directly from the field using observation techniques, interviews, and documentation. Data processing using deductive techniques with qualitative descriptive analysis. The results of the study show that the mechanism for giving passorong in the marriage of the Mandar community in Majene Regency is usually in the form of objects that have value or benefits. The mechanism for giving Passorong goes through several stages before the marriage contract, namely an agreement is made after the proposal process takes place, such as mattandajari and maccanring. Passorong objects given by prospective husbands to prospective wives vary, but are usually in the form of gold and land and coconut trees accompanied by land, real or converted in rupiah. The practice of giving a passorong is in line with Islamic law, giving a passorong is classified as a musamma dowry, because it determines the amount and type of item that is used as a dowry at the time the marriage contract takes place. While in positive law, legally speaking a certificate has not been issued in the name of the wife, in the Law on Basic Agrarian Regulations and Government Regulation Number 24 of 1997 concerning land registration that a passorong is in the form of land if to obtain eigendom rights over land must be certified in the name of the wife .

The Comparative Study About Intellectual Property Rights And The Transfer Of Land Rights For The Development Of Indonesia Land Law

The transfer of land rights is a classic problem whose implementation is often uncertain. In the framework of alternative material for developing national land law, this article will try to compare the transfer of land rights with the transfer of Intellectual Property Rights. The method in this article is a normative legal research method with a comparative law approach as the primary approach. In the transfer of land rights, at least several types of law are used as a component in assessing their validity. When compared to the transfer of Intellectual Property Rights, an Intellectual Property Right must be registered for protection, as well as when the Intellectual Property Right is transferred. Regulations in Intellectual Property Rights are more specific because they are under specific statutory law and through a registration mechanism. The transfer of land rights seen from the perspective of Law Number 5 of 1960 concerning Basic Agrarian Regulations or what is often referred to as UUPA (Basic Agrarian Law) and Government Regulation Number 24 of 1997 concerning Land Registration does require land registration, but that does not mean that land that is not registered does not get protection, this also implements in the transfer of land rights. Even though the transfer of land rights does not use the mechanisms and conditions specified in Government Regulation Number 24 of 1997, the transfer of land rights under the main provisions in customary law is still recognized. It is usually implemented when the dispute goes to court.

Konstitusionalitas Rencana Perpanjangan Hak Guna Bangunan di Ibu Kota Nusantara

The government plans to make a Government Regulation (PP) that would regulate the extension of Building Use Rights (HGB) in the Archipelago Capital City (IKN). This HGB later could be extended for 160 (one hundred and sixty) years. If passed, this PP is contrary to the Law Number 5 of 1960 concerning Basic Agrarian Regulations which regulates the extension of HGB only for 50 (fifty) years and contradicts to the Article 33 of the 1945 Constitution which prohibits monopolistic practices. This study aims to examine the constitutionality of the government's plan to extend the Right of Building in IKN. The results of the study showed that the plan for extending the Right of Building in IKN was constitutionally not in accordance with the principles of granting land rights as regulated in the Basic Agrarian Law or the principles of the agrarian constitution as regulated in Article 33 of the 1945 Constitution which requires the granting of land rights based on the principles of economic democracy and fair efficiency in which land rights are not only to fulfill individual preference but also social preference as manifested in norm regulation system that provides equal guarantees of rights to access land rights granted by the state and prevent the capitalism practice in land tenure.

The Role of Land Management Paradigm Towards Certainty and Justice

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="Copyright">To achieve land order, Indonesia implements the Sustainable Agrarian Regulation System (SPAB). The crucial issue, however, is whether the management of activities at this point has been conducted sustainably in order to establish justice and legal certainty in the community. The purpose of this study is to examine a variety of issues concerning the Role of Land Management Paradigm Towards Certainty and Justice. This research is empirical with a qualitative approach. The results indicate that as the Dynamics of Population Growth and Rapid Progress was being constructed, soil quality began to deteriorate. For the exploitation and utilization of soil, therefore, effective, efficient, and sustainable land management is necessary. It is widely acknowledged that sustainable land management is essential for halting land degradation, preventing desertification, and regenerating degraded areas. Given the complex options available to communities and landowners, Japan's policy is shifting its emphasis to policies pertaining to sustainable land use management by means of consensus building.</p></td></tr></tbody></table></div>

Konstitusionalitas Rencana Perpanjangan Hak Guna Bangunan di Ibu Kota Nusantara

The government plans to make a Government Regulation (PP) that would regulate the extension of Building Use Rights (HGB) in the Archipelago Capital City (IKN). This HGB later could be extended for 160 (one hundred and sixty) years. If passed, this PP is contrary to the Law Number 5 of 1960 concerning Basic Agrarian Regulations which regulates the extension of HGB only for 50 (fifty) years and contradicts to the Article 33 of the 1945 Constitution which prohibits monopolistic practices. This study aims to examine the constitutionality of the government's plan to extend the Right of Building in IKN. The results of the study showed that the plan for extending the Right of Building in IKN was constitutionally not in accordance with the principles of granting land rights as regulated in the Basic Agrarian Law or the principles of the agrarian constitution as regulated in Article 33 of the 1945 Constitution which requires the granting of land rights based on the principles of economic democracy and fair efficiency in which land rights are not only to fulfill individual preference but also social preference as manifested in norm regulation system that provides equal guarantees of rights to access land rights granted by the state and prevent the capitalism practice in land tenure.