Basic Agrarian Law Research Articles

Penyelesaian Sengketa Penguasaan Tanah Hak Guna Bangunan di Atas Tanah Hak Pengelolaan Lahan Pemerintah Daerah

In order to carry out the development, the HPL holder may grant rights to land above the HPL such as the Hak Guna Bangunan (HGB). However, in practice there are often legal problems related to the granting of land rights over HPL, especially HPL requests for land that is already an asset of the Regional Government's wealth to be converted into commercial activities. Problem formulation 1) What is the status of land tenure with Building Use Rights (HGB) over the Land Management Rights (HPL) of the Regional Government?; 2) Legal remedies taken in resolving disputes between HGB managers and HPL managers?. This type of research is normative juridical. HPL is not a land right as the Right to Build (HGB) which is regulated in the Basic Agrarian Law. The rights of the HGB holder are very limited because the HGB was established on land that is not theirs. HGB on HPL land of the Regional Government may be transferred or transferred with written approval from the Regional Government. HPL is non-transferable and cannot be used as collateral for debt with encumbrances with Mortgage Rights (HT). In practice, even though they have received quite strong protection in the existing provisions, there can be disputes between creditors with HGB guarantees over HPL.

LAND REGISTRATION ACCELERATION IN INDONESIA: A LESSON-LEARNED GUIDELINE FROM LAND REGISTRATION ISSUES IN MALAYSIA

Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.

LAND REGISTRATION ACCELERATION IN INDONESIA: A LESSON-LEARNED GUIDELINE FROM LAND REGISTRATION ISSUES IN MALAYSIA

Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.

REFORMA AGRARIA ANTARA HARAPAN DAN REALITA

Indonesian Constitutional Law stated in Article 33 paragraph (3) concerning the use of Land, natural resources which controlling by the State in order to achieve the greatest prosperity for the whole citizens. These basic values require the fulfillment of people's rights to be able to access various agrarian resources. In reality, what was expected (das sein) has not been realized. Many problems iii land have not been resolved until now. Control and ownership of extensive land for some people (owner of capital)resulted in the marginalization of community rights, resulting in social conflicts, which in the end, in a matter of time, the impoverishment process occurred. This condition indicates that there is no justice and welfare for the people. The regulation of agrarian resources and ignores the Basic Agrarian Law (UUPA) tends to side with the owners of capital. Various irregularities with the UUPA, as well as the absence of the concept of the Right to Control the state asdesired by Article 33 Paragraph (3) of the 1945 Constitution, have prompted the birth of the People's Consultative Assembly Decree. No. IX of 2001 concerning Agrarian Reform and Natural Resource Management, it is unfortunate that Agrarian Reform which is expected to date has not been fullyrealized.

Analisis Yuridis Konsolidasi Tanah Masyarakat Hukum Adat di Daerah Perkotaan

The existence of customary land rights in Article 3 of the Basic Agrarian Law is a common thing, because along with the territorial rights of indigenous peoples, they existed before the formation of the Republic of Indonesia. However, many problems with land in customary areas that arise in territorial and national sizes will never get a complete settlement without the fair treatment needed as a benchmark for determining the existence of customary rights and their implementation. The existence criteria for establishing customary rights consist of three elements, namely the existence of certain customary rights into the environment, the existence of certain customary law communities, and the purpose of taking the lives of indigenous peoples, and the existence of customary law regarding the maintenance of order, the use of controversial lands that apply and are adhered to by the government. culture. In this study using a normative juridical method. The results of this study show that there are still rules from the community, and there is no regulation on ulayat rights. Customary rights regulations can be a loophole for customary rights, even at the lowest level.

Recognition Model of National Legal Pluralism in a Unitary State through the Prismatic Theory Approach

The choice of a unitary state based on Article 1 Section 1 of the 1945 Constitution theoretically always relates to the factor of equality within the state. However, the choice of the Republic of Indonesia as a unitary state is based on the consideration of the pluralism aspects in terms of culture, language, customs, and ethnicity, which brings consequences for the recognition of applicable legal pluralism (Article 18B Section 2 of the 1945 Constitution). This study examines legal pluralism in a unitary state based on the prismatic theory approach to find out its legal recognition model. This study aims at finding an ideal legal pluralism recognition model in a unitary state which has tended to be centralized, such as the implementation of the Basic Agrarian Law that ignores the customary laws. The results of the legal prismatic theory approach are expected to able to fulfill justice in a pluralistic society. In this study, the researcher employed a normative juridical method through a political-law approach to various laws and regulations. Furthermore, the researcher also used a qualitative analysis. The results of this study showed as follows. (1) Politics of law as a guideline for legal development is inconsistent with Pancasila and legal systems that accommodate legal pluralism. As a result, customary law must comply with national law, which indicates the recognition of weak legal pluralism. (2) The recognition model of national legal pluralism through the prismatic theory approach by considering the plurality of the prevailing legal order may create certainty and benefit on the value of justice in society according to national ideology and Pancasila as the soul of the nation. The recommendations of this study are as follows. (1) Legal development should use the recognition model of national legal pluralism through the prismatic theory approach so that certainty and benefit on the value of justice in society can be established according to national ideology and Pancasila as the soul of the nation. (2) The prismatic theory approach can be an alternative solution to the recognition model of legal pluralism in realizing Indonesian national law based on Pancasila as the ideology and spirit of the nation.

Management Rights in Underground Post Application of Law Number 11 of 2020 Concerning Copyright and Implementation Regulations

This thesis is entitled Rights in Underground Spaces After the Enactment of Law Number 11 the Year 2020 concerning Job Creation and Implementing Regulations with 2 (two) main problems, namely, (1) How is the Legal Certainty regarding the Granting of Permits and Limitations on the Use of Utilization? Basement? What is the legal status of basements after the enactment of Law Number 11 of 2020 concerning Job Creation and its Implementing Regulations? This research is a type of legal research with normative research methods. Besides, this research uses a statutory approach and a conceptual approach. The results of this thesis research indicate that the legal certainty of granting permits in terms of the use of underground spaces is based on Law no. 11 of 2020 concerning Job Creation, Article 146 Land or space formed in the upper and/or underground space and used for certain activities may be granted building use rights, use rights or management rights, in this case granting rights to the utilization of the underground space. based on the Basic Agrarian Law. Restrictions on the use of the authority of those who use it are limited by the existence of procedures that must be met in terms of the use of basements and the depth limit stipulated in the Implementing Regulation of the Employment Creation Act, Article 74, namely with a height limit according to the basic coefficient of the building and the floor of the building as well as a depth limit of 30. meters from the surface of the land that can be reached by the process of registering rights through the granting of rights that take into account/consider the holders of land rights under and/or above it. The arrangement for the acquisition of the right to use the basement is regulated in Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration Article 77, namely, Upper Land or Ground Spaces may be granted Management Rights, Building Use Rights, or Right of Use after the Upper Ground or Underground Space is utilized. The granting of rights is granted by a decision on granting rights by the Minister. The regulation regarding land rights is guided by the Basic Agrarian Law.

Mapping Community Land in North Sumatra through the Implementation of Agrarian Reform

Agrarian Reform is an operation to reorganize agrarian structures that experience inequality to create a new, more just structure. The President as the highest leader of the state is a mandatory implementer of agrarian reform to systematically through his authority carry out conflict resolution and overhaul the structure of agrarian inequality. This is directly stated in the constitution of our country, the 1945 Constitution, and the Basic Agrarian Law no. 5 of 1960. This mandate was strengthened through MPR Decree No. IX of 2001 concerning Agrarian Reform and Natural Resources. Presidential Regulation Number 86 of 2018 concerning Agrarian Reform emphasizes asset management, access arrangement, and land dispute resolution. The agrarian reform movement is concerned, that the agenda for implementing agrarian reform will be neglected, there will be more lip service and ceremonial without touching the root of the real agrarian problem, even in the form of a political promise by the government to the community. And it has great potential to further deviate from the accuracy of the objects and subjects of Agrarian Reform that are not my main purpose. The Presidential Regulation on Agrarian Reform Number 86 of 2018 is considered a political breakthrough. It is strongly suspected that the suitability of the object (land) and the subject (recipient) of land redistribution is wrong and does not match the objectives of agrarian reform. Including the absence of supporting programs after the redistribution is carried out, as a condition of Agrarian Reform.

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.

PKM SOSIALISASI HUKUM TENTANG TERTIB ADMINISTRASI PERTANAHAN DAN PERHITUNGANNYA DI DESA SINARMUKTI

Land registration is a form of land administration regulated in the Basic Agrarian Law (UUPA). As stated in the UUPA, land registration must be carried out because the purpose of land registration is very beneficial for land rights holders. However, there are still individuals who have not completed the land registration process in Sinarmukti Village. This is an unorganized form of land administration. Many factors cause the absence of orderly land administration, one of which is the lack of public understanding of agrarian laws and regulations, especially regarding land registration which is one component of land administration. Many problems may arise if land registration is not carried out; for example, a common problem in Indonesia is disagreement (land disputes). Land disputes continue to occur; one of the causes is the irregularity of land administration in the past. This problem can happen anywhere and can appear in the Sinarmukti Village community. Therefore, agricultural law counseling activities are carried out to increase public understanding of agrarian law, especially the orderly land administration with land registration. These activities are carried out through the use of an online seminar system or webinars. The general public can follow the guidelines from the webinars so that the public becomes aware and knows about land administration

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.

Complexity Of Land Procurement Problems Sport Center In North Sumatera Province

Since the Basic Agrarian Law (Law Number 5 of 1960) was enacted on September 24, 1960, it is expressly stipulated in Article 6 that land rights have social functions and this has become one of the principles in Indonesian Agrarian Law. Social functions are not only targeted at property rights, but all land rights, both private and public, as well as land rights must be devoted to the greatest prosperity of the people in accordance with the mandate of Article 33 paragraph (3) of the 1945 Constitution, and must be willing to give in taken by the State) if the public interest so desires.Theoretically, the social function of land is better known as originating from a State that adheres to a socialist notion which generally in its state constitution stipulates that all land parcels are managed by the State for the greatest prosperity of the people, meaning that land is recognized as common property of the people whose management is given to the State

Procedures For Examining Inherited Land in the Perspective of the Basic Agrarian Law (UUPA)

This study aims to determine the procedure for acquiring inherited land in the perspective of the Basic Agrarian Law as well as to find out the legal protection for one of the heirs whose inheritance land is transferred. The research method used by the author is normative law research using a statutory approach or can also be called the Statute Approach. By using primary legal materials, namely legislation related to legal issues in this study. Then secondary legal materials in the form of journals, books, articles and other literature. And the analysis used by the author is the method of deduction. The conclusion of this study is that the procedure for acquiring inherited land in the perspective of the LoGA must be based on a mutual agreement between the rights holders to terminate the joint ownership with evidence of the deed of sharing the joint rights made by PPAT. There are several chronologies of the occurrence of this nyusuki, among others, when there are two heirs, where one heir really needs money, so the other heirs provide access. Then another chronology is when there is one heir who has occupied the land from before the heir dies until he dies, and the heir does not want to sell the land inherited by the heir.

Juridical Analysis on Role & Responsibility of Land Office in Multiple Land Certificates

The imbalance between the supply of land and the need for land can lead to various land disputes, including the emergence of cases of double certificates. The Basic Agrarian Law lays the foundation for realizing legal certainty and legal protection for all Indonesian people. According to Article 19 of the UUPA Number 5 of 1960 which was followed up with Article 3 letter a of Government Regulation Number 24 of 1997 concerning the Purpose of Land Registration. In Indonesia, the institution that has a close relationship with land is the National Land Agency or BPN which has the task of carrying out government duties in the land sector in accordance with the provisions of the legislation. The objectives of this research are, one to find out and analyze the causes of the occurrence of double land certificates at the Land Office, two to identify and analyze the responsibilities of the Land Office in the case of multiple land certificates, three to identify and analyze the obstacles and solutions to the responsibilities of the Land Office in the completion of double land certificates. The approach method used in this research is empirical juridical, namely analyzing the problem by combining legal materials which are secondary data with primary data obtained in the field. The research specifications in this study are descriptive analytical. Types and sources of data, namely primary data are data. obtained from the field. secondary data, namely data obtained from or derived from library materials, data collection techniques with interviews, literature studies, document studies. Then the author analyzes qualitatively which is then presented descriptively.

Juridical Analysis on Role & Responsibility of Land Office in Multiple Land Certificates

The imbalance between the supply of land and the need for land can lead to various land disputes, including the emergence of cases of double certificates. The Basic Agrarian Law lays the foundation for realizing legal certainty and legal protection for all Indonesian people. According to Article 19 of the UUPA Number 5 of 1960 which was followed up with Article 3 letter a of Government Regulation Number 24 of 1997 concerning the Purpose of Land Registration. In Indonesia, the institution that has a close relationship with land is the National Land Agency or BPN which has the task of carrying out government duties in the land sector in accordance with the provisions of the legislation. The objectives of this research are, one to find out and analyze the causes of the occurrence of double land certificates at the Land Office, two to identify and analyze the responsibilities of the Land Office in the case of multiple land certificates, three to identify and analyze the obstacles and solutions to the responsibilities of the Land Office in the completion of double land certificates. The approach method used in this research is empirical juridical, namely analyzing the problem by combining legal materials which are secondary data with primary data obtained in the field. The research specifications in this study are descriptive analytical. Types and sources of data, namely primary data are data. obtained from the field. secondary data, namely data obtained from or derived from library materials, data collection techniques with interviews, literature studies, document studies. Then the author analyzes qualitatively which is then presented descriptively.

Comparative Study of the Sale and Purchase of Land Rights According to the Civil Code and the Basic Agrarian Law

The purpose of this research is to explain and analyze the comparison of trade regulated by the Civil Code and the Agrarian Basic Law and explain and analyze the strengths and weaknesses of buying and selling regulated by the Civil Code and the Agrarian Basic Law. The research method used is the normative legal research method. The approach used is statutory, a conceptual approach and a case approach. The results of this study, First, the comparison of land buying and selling between the Law of Pedata and the Basic Agrarian Law, namely based on the meaning of land buying and selling, the terms of sale and purchase of land, the subject of law, when the sale and purchase of land and the system of publication embraced by each basic rule of land law. Second, the strengths and weaknesses contained from each rule of law include the Civil Code providing legal certainty to the group subject to the western rule of law while the UUPA provides legal certainty for Indonesian citizens with the registration of land rights. While the weakness of the civil code does not provide legal certainty for groups that are subject to customary law while the UUPA in order to obtain legal certainty requires time and costs are pretty expensive in carrying out the registration of land rights. Keywords: Land Sale, Land Registration, Land Rights DOI: 10.7176/JLPG/112-07 Publication date: August 31 st 2021

Letter C Document as a Preliminary Evidence of Ownership of Land Rights (Study in Kebumen District, Indonesia)

Land is the main need for humans because human life cannot be separated from the soil. The Indonesian state is increasingly experiencing developments in the arrangement of land ownership rights, which is followed by the issuance of regulations governing land. Understanding of the initial evidence of ownership of land rights between the community and government institutions in conflict areas such as what happened in Central Java, the southern part of Kebumen Regency, there is an area called urutsewu. This creates a gap both vertically and horizontally, based on the legality of proof of ownership of legal property rights, namely a certificate, but to issue a certificate it must be preceded by initial evidence of ownership such as letter C books, SPPT and other evidence available at the village level, in accordance with the Law. Basic Agrarian Law Number 5 of 1960. From this description, what is the strength of the evidence for quoting the village letter C book in obtaining rights and what is the procedure for obtaining land rights, what is the status of ownership of land rights with evidence of village letter C quotations in the Urutsewu area, Regency of Kebumen.

TANAH ABSENTEE DARI WARISAN KELUARGA DI DESA DAYA MURNI JALUR 16 MUARA SUGIHAN BANYUASIN DALAM PERSPEKTIF HUKUM KELUARGA ISLAM

Absentee Land from Family Heritage In Daya Murni Village Jalur 16 Muara Sugihan Banyuasin In The Perspective of Islamic Family Law, problem that occurred in the community about absentee inheritance land that isn’t directly utilized by the heirs but managed by the community. Based on this, this study will further examine it on How to empower and review Islamic Family Law on absentee land from heritage in Daya Murni Village Jalur 16 Muara Sugihan. The research method used is field research, the data source used is the primary data source obtained from interviews with respondents in the field, then secondary and primary data. Using qualitative descriptive methods, then analyzed to determine Islamic family law against the prohibition of absentee land ownership and it's utilization. research stated, Absentee land obtained from the heritage in the Village Daya Murni Line 16 Muara Sugihan isn’t in line with the Basic Agrarian Law of the Republic of Indonesia, economic side of the community isn’t left abandoned and managed village community. Islamic Family Law Review Against the Utilization of absentee land obtained from the inheritance hasn’t awakened the values of sakinah both within the family sphere and in the social sphere. Keywords: Absentee Land, Inheritance, Islamic Family Law

Legal Protection for Village Communities Against Land Rights in the Construction of a National Strategy Project Through a Complete Systematic Land Registration System (Study of Pasuruan District Land Registration)

In this study using normative legal research. Policies related to land are required to guarantee legal certainty and certainty of land ownership rights by every person (individual) or by legal entities. So the community needs to register land in order to obtain a certificate of land rights which serves as a strong means of proof of ownership of land rights by someone. Meanwhile, Article 19 paragraph (1) of the Basic Agrarian Law states that to ensure legal certainty by the Government, land registration is held throughout the territory of the Republic of Indonesia. This is done so that land owners can obtain legal certainty for the land they have owned, and it’s intended that rights holders obtain valid evidence in the form of certificates as a strong means of proof as holders of rights to the land they own. Starting from the description above, the researcher can provide several aspects of the study, including: First, the Complete Systematic Land Registration (PTSL) target is so large that it’s not an easy job for the Pasuruan Regency land office, which has 29 State Civil Servants, assisted by 63 non-government employees, due to the limited number of existing staff, the implementation of the Complete Systematic Land Registration (PTSL) land office in Pasuruan Regency involves; 1. The private sector as a third party helping 20,200 fields for measurement and mapping activities, 2. Community participation in assissting Complete Systematic Land Registration (PTSL) in village locations for 10,100 respectively, and 29,700 fields carried out and carried out by the Pasuruan Regency Land Office ASN.

DETERMINATION OF THE APPLICATION OF CONTRADICTOIRE DELIMITATIE PRINCIPLES IN COLLECTING PHYSICAL DATA IN THE MAGETAN NATIONAL LAND AGENCY OFFICE (STUDY IN MAGETAN DISTRICT)

Land certificate is the proof of ownership of land rights. Moreover, the certificate making must implemented with the successive procedure in accordance with UUPA (Basic Agrari-an Law) within the renewal rules that are always updated by government. The determina-tion and stipulation of appropriate limits with the principle of Contradictoire Delimitatie becomes the main key before implementing the land measurement. Because, without a boundary agreement between the land owners adjacent to the registered land, it will be-come a time bomb in the future, lawsuit could arise which results in re-measurement and even the cancellation of the certificate. This research is normative research type (doctrinal research) with statute approach and conceptual approach. This research focuses to the literature study; data which becomes the research source is secondary data. This will give the answer that the mechanism for determining and stipulation boundaries in land registra-tion has applied the principle of safety, so the land owner get the legal certainty of owner-ship of their rights. The law consequence if the determination and stipulation boundaries in land are not accordance with the fact in the field resulting in the absence of legal cer-tainty for the certificate of land rights. Conclusion and suggestion in this research is in determination and determination of land plot boundaries in order to achieve legal certainty must in accordance with PP (Government Regulation) No. 24 of 1997 and PMNA/KaBPN No.3 (Regulation of the Minister of Agrarian and Spatial Planning/Head of BPN) of 1997. Magetan Regency National Land Agency Office before implementing the measurement activities must be more thoroughly in the process of determination of land plot boundary in order to reaches the law certainty so that it can be accounted for.