Land Law System Research Articles

Binding Sale and Purchase Agreement and Power of Attorney Over Land in the Perspective of the Principle of Horizontal Separation

This study explores the application of the horizontal separation principle in land ownership and transfer in Indonesia, focusing on the Binding Sale and Purchase Agreement (PPJB) and the power of attorney in land transactions. The horizontal separation principle, derived from customary law, ensures that land ownership does not automatically include ownership of buildings or plants on the land. This research examines how this principle affects legal processes related to land rights transfers and the challenges it poses in the context of sale and purchase agreements. By analyzing legal documents, court rulings, and relevant literature, the study identifies key issues such as ambiguous ownership rights and procedural complications that arise from the separation principle. The findings highlight the need for legal clarity and reform to enhance property rights protection and dispute resolution effectiveness in Indonesia's land law system.

Analysis of The Legal Strength of Land Tenure Statement (SPPT) as a Basis for Land Rights in East Kutai Regency, East Kalimantan Province

Research on the legal strength of land tenure statements (SPPT) as a basis for land rights in East Kutai Regency, East Kalimantan, aims to find out the position of the SPPT as proof of land rights in the land law system and the legal strength of a land tenure statement as proof of ownership rights. Above ground. This research was carried out because many landowners in East Kutai still rely on the legality of their land using SPPT as proof of land ownership. They assume that having the SPPT is strong enough as proof of ownership of land rights. This can be seen in the number of land cases that enter the judicial process where the SPPT is still recognized. Meanwhile, based on the negative land law system with a positive tendency adopted by Indonesia, the strongest evidence for land ownership rights is only a certificate issued by the National Land Agency, and even then it still has the potential to be sued as long as the truth can be proven. In this research, normative and descriptive juridical research methods are used to answer legal issues by describing, analyzing, assessing, and explaining appropriately and analyzing applicable laws and regulations as well as various opinions of legal experts, with the aim of answering the problems raised.

LEGAL PROTECTION OF DISPUTED LAND DEED OFFICIALS IN THE BANKRUPTCY ESTATE BY THE CURATOR IN RELATION TO THE PRINCIPLE OF JUSTICE

Bankruptcy occurs when a person or entity stops paying its overdue debts, leading to the management of their assets by a curator. The curator oversees and manages the bankruptcy estate. The problem of bankruptcy estate often arises due to the transfer deed issued by the Land Deed Official (PPAT) which is considered incorrect by the curator, resulting in the Land Deed Official being sued and creates uncertainty as well as injustice for the Land Deed Official. This research will examine how the land law system regulates land sale and purchase transactions in the agrarian field in Indonesia, which was previously regulated in Government Regulation No. 24 of 1997 concerning Land Registration by applying a negative publication system with positive elements. This research applies empirical juridical research methods. The findings of this research identified that the legal system of land sales and purchases in Indonesia can lead to disputes in bankruptcy estates managed by curators, particularly concerning the principle of prudence. The Land Deed Official is responsible for errors or violations in the deeds they create but not for inaccuracies provided by the parties involved. If the parties provide false information, the responsibility lies with them, rather than with the Land Deed Official who only records the submitted information.

LEGAL EFFECTS ON CONTROL OF RIGHTS TO LAND OF THE FORMER EIGENDOM VERPONDING STATE IN DISPUTES BETWEEN HEIRS THE MULLER FAMILY WITH CITIZENS OF DAGO ELOS BANDUNG

Indonesia's Basic Agrarian Law (UUPA) sets out the requirements for the conversion of verponding eigendom land, regulating the rights of Westerners to be included in the applicable land law system. Based on the UUPA, land rights must be converted until September 24 1980. However, there are still frequent claims of land ownership resulting from eigendom disputes that have not been legally resolved, which causes land disputes. Case of verponding eigendom land dispute between the heirs of the Muller Family, PT. Dago Inti Graha versus Dago Elos residents is a clear example of the complexity that can occur in land ownership issues. Since it started in 2016, this dispute has been decided four times, one of which was at the PK level with Case Register Number 109 PK/Pdt/2022. Normative juridical and analytical descriptive approaches, in legal studies and relevant legal cases are analyzed. Result: According to the provisions of UUPA and its implementing regulations, as well as Government Regulation no. 24 of 1997, if there is no land eigendom verponding convention, the land then becomes state property. Through the trial, the Panel of Judges considered that the heirs of the Muller Family had succeeded in proving that they were the legal holders of land rights, compared to the claims of Dago Elos Residents who did not have proof of ownership and that the Muller Family heirs had more complete and valid supporting documents than the Residents. Dago Elos. Based on these considerations, the judge decided that the heirs of the Muller family had stronger and more legal rights to the disputed land than the Dago Elos residents. Therefore, the legal consequences for control of disputed land are that the heirs of the Muller family have the right to register the land and obtain legal recognition of ownership of the disputed land.

The Concept of Indefeasible Title in Electronic Land Certificates as an Initiative to Prevent Land Mafia

The study aims to analyze the indefeasible title concept on electronic land certificates for preventing land mafia. This research is normative legal research using legal and conceptual approaches. Legal materials include primary and secondary legal materials. According to the study, one of the causes of the land mafia is the land registration system's tendency to publish harmful material, as contained in Government Regulation 24 of 1997 on Land Registration. Therefore, reforming and developing the land law system into a positive publication system is necessary. By the Regulations of the Minister of Agrarian No. 1 of 2021 on Electronic Certificates, Electronic certificates are expected to be a database of landlords to reduce land disputes and strengthen the legitimacy of land certificates as a guarantee of ownership of land rights in Indonesia. Suppose an error in the registration procedure of a positive publication causes the losses of the party that should be more entitled. In that case, the state will guarantee compensation in substance to the party whose right is proven correct using the indefeasible title concept.

Strengthening Land Law Reforms through Legal Pluralism in Indonesia

This study explores the urgent need for reforms in Indonesia's land law system, specifically focusing on incorporating legal pluralism into the national legal framework. Utilizing a normative legal research method, the study scrutinizes primary and secondary legal documents, including the 1945 Indonesian Constitution, the Basic Agrarian Law, and the Job Creation Law, while also incorporating insights from related literature. The main finding indicates that although the Basic Agrarian Law (UUPA) has attempted to blend principles of customary and religious law into the national land law framework, its implementation still exhibits signs of weak legal pluralism, where state law dominates. This research suggests that adopting legal pluralism as a foundational principle in the UUPA could serve as a catalyst for fostering greater harmony between state and non-state laws, encouraging the development of policies that are more accountable and responsive to local realities. This holds significant implications in promoting agrarian justice and sustainability in land management in Indonesia, offering vital insights for ongoing legal reform efforts.
 Highlights:
 
 Inadequate integration of customary and religious law principles in the existing Basic Agrarian Law (UUPA).
 The potential of legal pluralism as a foundation to foster greater harmony between state and non-state laws.
 The urgent need for responsive policies that align with local realities to promote agrarian justice and sustainable land management in Indonesia.
 
 Keywords: Legal Pluralism, Land Law Reform, Agrarian Justice, Policy Development, Indonesian Constitution

Kedudukan Hukum Alas Hak Sebagai Alat Bukti Kepemilikan terhadap Tanah Masyarakat Perspektif Wahbah Az-Zuhaili:


 The problem in this study is regarding the status and legitimacy of the rights described by the land certificate as proof of land ownership. Residents of Tanjung Marulak Hamlet are legally entitled to receive a statement letter from the Regent alias SK-Regent as proof of ownership of their property. Land Certificate (SKT) is a written document owned by a private person who owns a piece of land but has not been certified; the weight of proof does not show the authenticity of the deed. In Indonesia, there are still many people who believe that land certificates have the same legal weight as other certificates, especially in Dusun Tanjung Marulak. The purpose of this study is to determine the position and legitimacy of rights to land certificates as proof of land ownership in the land law system. Researchers used normative legal research in this study which was supplemented by interviews. According to the current law, this investigation investigates and analyzes primary data and secondary data. Literature research in the library and field research in the field were both used to collect all data. This research is qualitative in nature. Based on the research results, the Land Certificate issued by the Regent of Tanjung Marulak Hamlet through Excerpt of Letter Number 69/DA/HML/LB/1980 is legal proof of land ownership.
 Keywords: Ownership, Land Certiface, Wahbah Az-Zuhaili

Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System

Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System

Land Rights in the Land Law System in Indonesia According to the Basic Agrarian Law Number 5 of 1960

Law No. 5 of 1960. This law explains that land law in Indonesia is Unofficial. This means that all issues, status, and legal basis of land in Indonesia must refer to UUPA No. 5 of 1960. Actually, this UUPA is a land nationalization project in Indonesia. So that land is properly owned and enjoyed by Indonesian citizens so that foreign nationals do not have the right to land in Indonesia except Hak Pakai. This control is not meant to be Hak Milik, but the state controls land in the sense that the State is given the right to manage land in Indonesia for the prosperity of the Indonesian people themselves. There is recognition of customary law rights, especially in the land sector which is famous for the existence of Customary Rights. The UUPA itself provides recognition of Customary Land Rights. The concept of customary rights is in line with Article 6 of the UUPA that land must have a social function. This means that the function of land is not only for personal interests, but more importantly for the benefit of the wider community or for the common good. Individual rights to land also receive recognition from the UUPA such as Hak Milik (HM), Hak Guna Usaha (HGU), Hak Guna Bangunan (HGB), Hak Pakai (HP), Waqf and Land Security Rights. So it is clear that the Indonesian land law system is indeed based on the noble values of the Indonesian nation itself such as togetherness, justice, prosperity and kinship in land control and utilization while adhering to the principle that land must have a social function.

Fraus legis in land ownership conducted by foreign citizen in perspective of Indonesian land law

Indonesia has a close relationship with the earth, water, space, and the natural wealth contained therein, so the land tenure hierarchy in Indonesia places the nation's rights in the highest order. Based on the concept of the nation's rights, only Indonesian citizens are allowed to have full relations with the territory of Indonesia, while foreigners are not allowed. In practice, foreign nationals have abused their rights so that they can have land rights in the form of property rights in which there is a law smuggling action. One of the problems that arise is the recognition of ownership of land rights in the form of islands by foreign citizens. The purpose of this research is to analyze the ownership of land rights by foreign nationals associated with the abuse of rights by foreign nationals, the ownership of land rights in the form of islands by foreign nationals in the Indonesian land law system is associated with the right to control by the state and the concept of land rights. land in the form of islands in the Indonesian land law system. This research uses secondary data which is arranged in a systematic, comprehensive, and integrated manner to achieve clarity of the problem to be discussed. The results of the study show that foreign nationals can have land rights in the form of usage rights and rental rights. This policy is given the embodiment of the principle of justice. but is not allowed to have land rights in the form of property rights. In practice, there are many cases of abuse of rights by foreign nationals which are legal smuggling carried out through marriage, rental agreements with irrelevant terms, and control of usufructuary rights over a land area that violates the rules. The state's right to control land originates from the Indonesian nation's right to land. The state can grant land rights to foreign nationals as long as the land has not been granted other land rights.

Eksistensi Hak Tanah Ulayat Masyarakat Adat dalam Hukum Tanah di Indonesia

The existence and position of land plays an important role in encouraging and developing the potential of available natural resources, that is why land is a very valuable asset of the nation and state. In carryng out activities and fulfilling their needs, customary law communities will not be separated from using customary land which is utilized and empowered to obtain agricultural products and food ingredients. This study aims to determine the existence of customary or ulayat land right in the land law system in indonesia, where this ulayat land needs to be regulated in indonesian positive law. The research method used is literature study, which is a systematic and explicit method for identifyng, evaluating, and synthezing research results that have been produced by researchers and practitioners.

Indonesian Property Law in Global Competition

Investment in Indonesia is a necessity, in the field of direct investment property by foreigners experiencing obstacles when dealing with the land legal system in Indonesia. Property in this case includes land and buildings or houses attached to one another, on the other hand there are restrictions on the purchase of property for foreigners, where they can only purchase Usage Right of land that has limited period of time and the Building Rights on that, which also is limited time, but foreigners unwillingly to buy property above the Usage Rights. The situation is a result of the unequal treatment between Indonesian and foreign citizens with the intention of protecting the rights of citizens. In the Land Law System of Indonesia, the government regulates land use, ownership, and land transaction through the right to control state by the government. This paper aims to avoid the practice of legal smuggling that has happened so far, and at the same time open up opportunities for foreigners to purchase property in Indonesia legally, which has an impact on increasing the passion for property investment in Indonesia. The research method used is empirical normative, which refers to several cases those are the object of research with a case study approach, a conceptual approach, and a statutory approach. Out of the box thinking is needed from common sense practices that have been carried out by the government in exercising the right to control state.

Rating of Māori Land: A Legal History

This article deals with the rating of Māori freehold land as a case study of a field of law where Māori Land Law and Taxation Law overlap. Rates, are, of course, a type of tax. For Māori landowners, paying rates and rates debts were probably the most important tax-related problem they had to confront. The issue was not only that Māori landowners often could not afford to pay rates. While that was the case, the real issue was the overlay between Māori land law and tax law as such. The real problem with rating of Māori land was the Māori land law system itself. This article explains why this is so, and utilises rating law as a window into the complexities of the statutory Māori land law system and the complexities it caused to Māori landowners.

Kepastian Hukum Pemegang Hak atas Tanah dalam Sistem Hukum Pertanahan di Indonesia

Land rights certificates still face the possibility of lawsuits from other parties who feel they have rights to the land, so that if it can be legally proven that he is the real owner, the land rights certificate can be canceled. The purpose of this study is to determine the legal certainty of land rights holders in the land law system in Indonesia and the government's efforts to provide legal certainty to land rights holders. The type of research used in this research is normative legal research. Sources of data used are primary and secondary data sources. The technique of collecting legal materials is done by recording, studying and reading legal doctrines related to the legal issues under study. The legal material analysis technique used to process the legal material obtained is by using analytical descriptive data analysis. The results of the study indicate that the evidentiary strength of a certificate of land rights owned by the right holder is basically guaranteed by law because it is written clearly about the types of rights, physical information regarding the land, the burden on the land and legal events that are interconnected with the land. then the data is considered correct

Kedudukan Akta Risalah Lelang Sebagai Bukti Peralihan Hak Milik Atas Tanah Bagi Warga Negara Asing

Auction is a sale of goods which is open to the public with a written and or oral price offering which is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. The legal consequence of selling by auction is that if a foreigner wins the auction, he will receive the delivery of “property rights” from the auction object in the form of an object of mortgage, while on the other hand it determines that the land law system in Indonesia adheres to the principle or principle of nationality. The meaning of the principle of nationality is that foreign citizens are not allowed to obtain ownership rights to land in Indonesia. This research uses normative legal research. The results of the discussion of this research are the status of the Minutes of auction as evidence of transfer of title to land for foreign citizens, namely the deed of auction minutes made by auction officials can be used as a basis for evidence of transfer of ownership rights to land for foreign citizens in the National Land Agency agency.

Kedudukan Akta Risalah Lelang Sebagai Bukti Peralihan Hak Milik Atas Tanah Bagi Warga Negara Asing

Auction is a sale of goods which is open to the public with a written and or oral price offering which is increasing or decreasing to reach the highest price, which is preceded by an auction announcement. The legal consequence of selling by auction is that if a foreigner wins the auction, he will receive the delivery of “property rights” from the auction object in the form of an object of mortgage, while on the other hand it determines that the land law system in Indonesia adheres to the principle or principle of nationality. The meaning of the principle of nationality is that foreign citizens are not allowed to obtain ownership rights to land in Indonesia. This research uses normative legal research. The results of the discussion of this research are the status of the Minutes of auction as evidence of transfer of title to land for foreign citizens, namely the deed of auction minutes made by auction officials can be used as a basis for evidence of transfer of ownership rights to land for foreign citizens in the National Land Agency agency.

THE TERMS OF ACQUIRING EIGENDOM RIGHT ON LAND THROUGH STATUTE OF LIMITATION (DALUWARSA)

This paper contains about how to apply the law of transfer of right on land as well as the requirements for acquiring eigendom right on land through statute of limitation (daluwarsa), both before the enactment of the Law Number 5 of 1960 concerning Basic Agrarian Law (hereinafter referred as BAL) and after the enactment of the BAL. Furthermore, the prerequisites for obtaining eigendom right on land will be analysed based on the provisions of the principle of good faith, also describe the reasons for property rights to be nullified and become state land according to the applicable law. There is also in this paper the author uses normative legal research methods by utilizing legal literatures and legal dictionaries. This research resulted in unexpected conclusions because based on literature studies, legal facts were produced if there were differences in the rules for acquiring land right through statute of limitation between the Civil Code and the BAL, so that it had implications for the land law system in Indonesia.

THE TERMS OF ACQUIRING EIGENDOM RIGHT ON LAND THROUGH STATUTE OF LIMITATION (DALUWARSA)

<p>This paper contains about how to apply the law of transfer of right on land as well as the requirements for acquiring eigendom right on land through statute of limitation<br />(daluwarsa), both before the enactment of the Law Number 5 of 1960 concerning Basic Agrarian Law (hereinafter referred as BAL) and after the enactment of the BAL. Furthermore, the prerequisites for obtaining eigendom right on land will be analysed based on the provisions of the principle of good faith, also describe the reasons for property rights to be nullified and become state land according to the applicable law. There is also in this paper the author uses normative legal research methods by utilizing legal literatures and legal dictionaries. This research resulted in unexpected conclusions because based on literature studies, legal facts were produced if there were differences in the rules for acquiring land right through statute of limitation between the Civil Code and the BAL, so that it had implications for the land law system in Indonesia.</p>

Re-appraising Regulatory Framework of Planning and Land Law System towards Sustainable Development in Malaysia

This paper is produced from an initial background of a research and based on the outlined objectives: I) to assess the principles of planning law and land law systems in Malaysia as an instrument for sustainable development. II) to identify the shortcomings in the use of present legislative framework and approaches between Town and Country Planning Act 1976 and National Land Code 1965. The paper is purely based on literature review and the current understanding of the regulatory framework with further identification on key problems and conflicts that involved between both laws.Keywords: Planning law; Land law; Sustainable; DevelopmenteISSN 2398-4295 © 2018. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

“PARADOX OF ENGLISH LAND LAW” — AN ENLIGHTENMENT TO LAND LAW REFORM IN CHINA

Since the founding of New China in 1949, the land law system with Chinese characteristics has been formed based on various practices, inter alia, the evolution of the rural land law system from the agrarian reform to the cooperative and people’s communes and further to the household contract responsibility system, which made historical contributions to the development of Chinese social economy. However, with the development of the practices and the deepening of the reform, China’s land law system is facing great challenges under the new circumstances. Although many differences exist between English land law and Chinese land law in the areas of legal form, the regulated objects and contents, English land law can provide some beneficial enlightenment to China’s land law reform. Particularly, the “paradox of English land law,” which presents the way how the English land law, as the law adjusting the basic property relations with many traditional factors, responds to the process of social and economic development with leaps and bounds.