Ownership Rights Research Articles

Transfer of Debt Collateral Object in a Deed of Sale and Purchase (Study of Tangerang District Court Decision number: 1096/Pdt.G/2022/PN.Tng)

An authentic deed made by a Land Deed Official (PPAT) has an important role in providing legal certainty for legal actions, such as transferring land rights or ownership rights over apartment units. However, violations of the precautionary principle in making authentic deeds by PPATs are still found, such as in the case of Tangerang District Court Decision number 1096/Pdt.G/2022/PN.Tng, where the deed was made not in accordance with the actual circumstances. This research aims to analyze the legal consequences of a Sale and Purchase Deed that is not in accordance with the principle of prudence and the responsibility of the PPAT in this matter. The research method used is doctrinal legal research with data collection through literature study, then analyzed qualitatively. The results show that an authentic deed made not in accordance with the actual circumstances can be declared null and void so that the agreement in it is considered never to have occurred. In addition, the responsible PPAT may be subject to civil sanctions in the form of compensation, administrative sanctions in the form of temporary dismissal for up to one year in accordance with Regulation of the Minister of ATR/BPN Number 2 of 2018, as well as sanctions based on the PPAT Code of Ethics. The implications of this research provide an important understanding of the need for supervision and application of the precautionary principle by PPATs to avoid legal losses for the parties involved.

Legal Analysis of Transfer of Land Ownership Rights Based on Court Decisions at the Jayapura City Land Office

Transferring land ownership rights based on court decisions is significant so that the parties have a clear legal status and can guarantee legal certainty. This study aims to determine the process of transferring land ownership rights based on court decisions and the obstacles faced in transferring land ownership rights based on court decisions at the Jayapura City Land Office. The method used in this study is normative and empirical; normative juridical is an approach that refers to laws, literature, and written regulations and sees the reality that occurs in the field. The results of this study reveal that the process of transferring land ownership rights based on court decisions at the Jayapura City Land Office still relies on applicable laws and regulations, including the provisions of Government Regulation Number 24 of 1997 concerning Land Registration, PMNA/KBPN Number 3 of 1997 concerning Provisions for Implementing PP Number 24 of 1997, Changes in Rights based on Court Decisions Government Regulation No. 24 of 1997 Article 55 and Law Number 4 of 2004 concerning Judicial Power. Meanwhile, the obstacles faced in the process of transferring land ownership rights based on court decisions at the Jayapura City Land Office are the lack of completeness of files from the Applicant, who is forced by the counter officer who checks and finds the files are lacking and then returns them to the Applicant. The Applicant also complains about the high cost of paying BPHTB at the Jayapura City Regional Revenue Office, in addition to the lack of public knowledge in the process and flow of administration at the Land Office, where the online checking process must be carried out first by a Notary/PPAT.

Caves of Fortune? Gendered Labour Precarity and Securitisation Involving the ‘Wild’ Edible Birds’ Nest Trade in Kapuas Hulu, Indonesia

Abstract Harvesting edible birds’ nests (EBN) produced by swiftlets from caves and purpose-built dwellings has generated a new high-value, non-timber forest product-based livelihood for rural smallholders across Indonesia. Drawing on extended fieldwork, we explore the gendered labour and livelihood outcomes for households transitioning from EBN cave harvesting to domestication in West Kalimantan, Indonesia. Following calls from feminist political ecology, we investigate the more visible ‘men’s work’ associated with EBN access and labour and highlight women’s pivotal, yet often overlooked, role in managing the associated household incomes and land-based livelihoods. We show how the increasing demand for ‘wild’ EBN drove significant changes in the ownership rights of caves in the region, securitisation and scarcity of the nests, and the rise in precarious labour conditions. The increasing demand for ‘wild’ EBN has intensified extraction and securitisation of caves and nests, and the precarity of work for Dayak men working as cave guards and harvesters. In response, many Dayak women—who receive and manage their husbands’ salaries—saved to scale up their household’s EBN production using purpose-built swiftlet farmhouses. Both spouses’ labour contributions were integral to securing a sustained source of income through the EBN trade, enabling income diversification and a more hopeful future for rural households.

Governing the emergence of network-driven platform ecosystems

Abstract Literature on platform governance is focused on keystone organizations that exclusively own a platform and control its complementors and users. However, emerging network-driven platform ecosystems—such as European data spaces—represent a shift in focus by allowing stakeholders to share platform ownership and decision rights. To investigate this emerging phenomenon, we conduct a qualitative-explorative case study, interviewing 32 representatives of Catena-X, a European data space in the automotive industry. To conceptually grasp the co-development and management of network-driven platform ecosystems, we employ a network governance perspective as the theoretical lens. We contribute to platform governance literature with (1) a conceptualization of shared platform ownership recognizing the dichotomy of inner and outer governance, and (2) a process model and a conceptual model of an interorganizational network governing the emergence of a platform ecosystem.

LEGAL EFFORT OF THE GOVERNMENT AGAINST MISUSE OF GOVERNOR GROUND LAND REGARDING LAND FUNCTION TRANSFER

Background. Governor Ground land refers to land without ownership rights, which can be interpreted as abandoned land. Abandoned land is land controlled by the state where the legal relationship between the landowner and the land has been severed, as regulated in Article 27(a) of the Basic Agrarian Law (UUPA). The government's authority over such land is specified in Article 2, paragraph (2) of the UUPA. This study aims to provide answers regarding the rights over Governor Ground land. Research Methods. The research employs normative legal methods, using a conceptual, case, and legislative approach. Legal materials were collected through literature review and analysis of articles and opinions from previous researchers. Findings. Governor Ground land can be owned or utilized if specific requirements are met and permission is obtained from the government, particularly the National Land Agency (BPN). Governor Ground is land that has no ownership rights and can be considered as abandoned land. The community can use it for the common interest in accordance with the procedures in the Law. Conclusion. This land can have rights such as HGU, HGB, and Right to Use. If these rights are misused, they can be subject to criminal penalties with a sentence of three months or a fine of up to IDR 10,000. If the land is not maintained, the government can take back the land and demolish the buildings on it.

Legal Certainty of Fulfilment of Registered Trademark Rights Owned by the Company for the Similarity of Trademarks in Principal

The main function of a brand is to differentiate a company's products. A brand can create a reputation regarding quality, quantity and distinctiveness that is only owned by the party attached to the brand rights which are exclusively owned by the brand holder. However, it cannot be denied that later it was discovered that there were two brands that were fundamentally similar, causing disputes. The aim of this research is to explore the legal certainty of fulfilling a company's registered trademark rights for the existence of substantially similar brands by examining the concept of the element of "substantial similarity" in brands and efforts to overcome the existence of essentially similar brands. The research method used is normative juridical, with a statutory, legal conceptual and case approach. Data comes from secondary data, including primary legal materials, secondary legal materials and tertiary legal materials. Data analysis is descriptive analytical. The results of the research found that the concept of the element of "substantial similarity" in a brand has been regulated in statutory regulations, which shows that legal certainty has been sought. Efforts to overcome legal enforcement of trademark disputes based on similarities in essence which actually injure the actual rights of brand owners can be realized by standardizing law enforcement procedures, strengthening laws and regulations, supervision and outreach. Efforts to overcome this require synergy between the government, law enforcement, brand owners, and even the general public.

Regspraak: Geregistreerde eienaar verloor eiendomsreg met koste teen onregmatige besetters wat klaarblyklik wesenlik ongegrond verryk word danksy die hofuitspraak

The applicant, as the registered owner of immovable property in Newlands East, Durban, applied for the eviction of the first and second respondents from the residence on the premises held by the applicant bought from the respondents in 2016. The repondents, on the face of it, as erstwhile tenants who had defaulted on the tenancy agreement have no ius possidendi to justify their continued occupation of the residence and premises. The respondents, as former tenants, allegedly committed a material breach of contract by failing over a long period of time to pay either the agreed rent due or the municipal services bill as was agreed. The latter obligations, such as for the used electricity, water, sewerage and refuse removal, had allegedly not been paid by them since their occupation of the erf as tenants in December 2016, and the fact that the services have not been cut off is due simply to the fact that they had been paid for regularly by the applicant as registered owner. Notwithstanding demand and later the rightful termination of the tenancy agreement on account of that non-performance and consequent notice that the premises had to be vacated in view of the breach of contract, the respondents simply persisted in their unlawful occupation after nearly seven years. Moreover, their reliance on their supposed lien to bolster their alleged enrichment claim for unspecified so-called improvements made on the premises is most unconvincing. On the face of it, this should be a clear case where the applicant is entitled to the requested legal aid. The court, however, decided to dismiss the application for the eviction of the respondents with costs, and to set aside the sale agreement entered into between the applicant and the respondents on 22 December 2016 in respect of the erf; since held under title deed number 8647/2017. The court also set aside the subsequent transfer of the above property from the respondents to the applicant, and authorised the registrar of deeds, Pietermaritzburg, to re-register the transfer of the abovementioned property in the names of the respondents. The judgment not only punishes the registered owner with expropriation without compensation, but also punishes her with an outrageous cost order. Moreover, not a single word in the decision refers to the fact that the consequence of this judgment is to leave the respondents materially unjustly enriched. Not only do they benefit from the recovery of their unburdened right of ownership over an asset that, adjusted for inflation, is now worth more than half a million rand after more than seven years, but not a word is said about the outstanding debt plus interest over several years towards the applicant as a then friendly credit provider that is now likely to remain unsettled. Most of that debt had probably become prescribed by now.

Digital Financial Assets as an Object of Civil Rights

This article explores the legal nature of digital financial assets (DFAs) within civil rights. DFAs, including cryptocurrencies and tokens, challenge traditional legal concepts due to their decentralized and intangible nature. The study addresses key legal issues such as ownership rights, enforceability of obligations, and jurisdictional conflicts in cross-border transactions. A comparative analysis of regulatory frameworks in the European Union, the United States, Russia, and Uzbekistan reveals the lack of uniformity in DFA treatment. Special focus is given to Uzbekistan’s progressive approach under the Digital Uzbekistan 2030 initiative. The research adopts a qualitative, doctrinal, and document analysis methodology, supported by case studies and legal analysis. The findings identify significant regulatory gaps, particularly regarding DFA integration into traditional legal systems. The study suggests the need for comprehensive reforms to harmonize DFA regulations and ensure legal clarity. The conclusion emphasizes the importance of aligning legal frameworks with emerging digital financial trends.

Specific features of succession of a share in the right to joint tenancy

The article is focused on clarifying specific features of the succession of a share in the right to joint tenancy, which is done in two stages. First, there is transformation of the legal regime of property – joint tenancy is modified into tenancy in common. And only after that, the share of the deceased co-owner is acquired by his/her lawful heirs within the inheritance procedure. Due to this fact, the author of the article has expressed own position that the object of succession is a share in the right to tenancy in common, but not to joint tenancy. If there is no disputes, the registration of the share of the deceased co-owner should be carried out by his/her lawful heirs under a notarial procedure, but not by applying to the court with a claim to determine the share in the right to joint tenancy. The legal presumption of shares’ equality in the right to joint tenancy in case of the death of one of the co-owners cannot be refuted on the basis of the agreement between the co-owners or by the court decision. It is grounded by the fact that hereditary legal relations arise as a result of the death of a participant in joint tenancy, and therefore the division of such property is carried out without his/her participation. If other co-owners in the right to joint tenancy are involved into succession procedure, then the provision on the preferential right of certain lawful heirs to allocate inherited property in kind shall be applied. This preferential right is characterized by limited application to those cases when, first of all, several lawful heirs who accepted the inheritance are involved into succession procedure and, secondly, there is no division of the inheritance in the last will and testament. The exercise of this right does not entail an increase in the inheritance share of the lawful heir who was a co-owner of the joint tenancy together with the ancestor, but only provides priority in acquiring the right of ownership to certain property within the succession procedure. An exception to the general rule on the succession of a share in the right to joint tenancy is the construction of the last will and testament of the spouses, which provides for a special mechanism for acquiring the right of ownership to the property by the second spouse, in respect of which such last will and testament is drawn up.

Regulating The Acquisition Of Inheritance Rights To Land For Children With Dual Nationality From Mixed Marriages Without A Marriage Agreement

Marriage is an important event in human life. A legal marriage means that the marriage complies with the law, religion and state. So all types of marriage are legal, as long as they follow the applicable rules, including mixed marriages. In general, mixed marriages make a pre-marital agreement with the purpose of avoiding the mixing of joint assets during the marriage period. Problems that often arise in mixed marriages are problems related to the nationality of children born from the marriage who have dual citizenship. This will certainly affect the determination of heirs regarding ownership of land and buildings in Indonesia. This research uses a normative juridical research method using two approach methods, namely the statutory approach and the conceptual approach. The research results show that the urgency of regulating the inheritance of land rights for children who have dual citizenship from the marriage of their parents is to provide legal certainty. Appropriate arrangements regarding the inheritance of land and/or buildings for children with dual citizenship in Indonesia, namely children who have foreigner status still have the right If you receive an inheritance, it will still not be the case that the property has ownership rights.

How differential vulnerability and empowerment dynamics work to determine the agricultural performance of women-operated smallholdings: Evidence from Assam, North-East India

Vulnerability to climatic hazards is a multifaceted phenomenon, dependent crucially on the socio-economic framework and biophysical landscape of the community. Gender factors in as a major sub-group in this context, as skewed power relations, and the distribution of rights, assets, resources, and responsibilities mostly disadvantage women, particularly in agriculture. Using data drawn from a sample of women beneficiaries under the World Bank-funded Assam Agribusiness and Rural Transformation Project (APART), our article examines the direct association and interaction dynamics of differential vulnerabilities and women’s empowerment with technical efficiency, productivity, and profitability in the context of women-operated farms in Northeast India. Our results strongly suggest a direct positive association between women’s empowerment and technical efficiency and/or farm sustainability, a negative association between gender gap and economic sustainability, and negative direct associations between vulnerabilities and economic sustainability. With the plots owned and operated by women found to be more technically efficient than women-operated plots with minimal or unequal ownership rights, the results also highlight the significance of single land titles. Our study provides empirical evidence on Women’s Empowerment in Agriculture Index (WEAI)-based metrics and the intersectionality of gender-mediated vulnerability, empowerment, and gender disparities in determining farm sustainability in a development-deprived, disaster-prone, and under-researched climatic hotspot—Northeast India.

Implikasi Hukum Transaksi Jual Beli Tanah tanpa PPAT dalam Konteks Hukum Agraria Indonesia

Land sale and purchase transactions without involving Land Deed Making Officials (PPAT) often cause various legal problems, because the resulting deeds are considered invalid according to agrarian law in Indonesia. This study aims to analyze the legal consequences of land transactions that are not carried out in front of PPAT and how disputes that arise can be resolved. This study uses a qualitative method with a descriptive approach through interviews with legal practitioners and the study of related documents. The research method used is qualitative with a descriptive approach, where data is obtained through interviews with legal practitioners and analysis of related documents. The results of the study show that transactions carried out without involving PPAT have the potential to harm the parties involved, especially in terms of legal certainty and land ownership rights. In addition, it will be difficult for the acrimonized party to prove ownership in court in the event of a dispute. This study recommends the importance of legal education for the community and the enforcement of appropriate procedures in land purchase and sale transactions, in order to reduce risks and improve the protection of the rights of the parties. In conclusion, land purchase and sale transactions carried out without involving PPAT increase the risk of disputes and legal uncertainty, so legal education and enforcement of land purchase and sale procedures involving PPAT are very important to protect the rights of all parties involved.

Notary’s Liability for Nominee Agreement on The Ownership of Land Rights by Foreigners in Bali

Notary’s Liability for Nominee Agreement on The Ownership of Land Rights by Foreigners in Bali

The Existence of Tu’a Golo in the Distribution of Customary Land in Golo Mori Village, Komodo District, West Manggarai Regency

Objectives: This study aims to explore the existence of Tanah Ulayat (customary land) in Golo Mori Village and to examine the role of Tu'a Golo (traditional leader) in the distribution of Tanah Ulayat in Golo Mori Village, Komodo Subdistrict, West Manggarai Regency. Theoretical Framework: The concept of hak ulayat (communal land rights) in customary law incorporates communalistic, religious-magical values, allowing for individual land ownership and personal rights. However, hak ulayat is not an individual right; it is inherently communal. Method: This study employs an empirical legal research approach, utilizing primary data collected through interviews. Results and Discussion: The existence of Tu’a Golo in the distribution of Tanah Ulayat (customary land) in Golo Mori Village, known as tanah linko, reflects a system where the land is cultivated by groups within the Indigenous community based on mutual agreements. This customary land management supports their livelihoods and is divided into five customary territories (kampung), each led by a Tu’a Golo (traditional leader). Research Implications: The existence of Tanah Ulayat (lingko) in Golo Mori Village faces challenges from the economic transformation in West Manggarai Regency, which has positioned Labuan Bajo as a super-premium tourist destination. This shift impacts the Indigenous community, particularly their customary rights. Originality/Value: This study is highly relevant in understanding the existence of Tu’a Golo in the distribution of Tanah Ulayat in Golo Mori Village. The findings are expected to contribute valuable insights for stakeholders, including the community and the government, particularly concerning the existence and distribution of communal land by Tu’a Golo in Golo Mori Village.

Analisis Perbuatan Melawan Hukum Terkait Kasus Penyerobotan Tanah dalam Putusan Nomor 16/PDT/2022/PT BTN

Land encroachment is a problem that often occurs in social environments, as it falls under the category of unlawful acts, as stated in Article 1365 of the Civil Code, which states that "Any act that violates the law and causes harm to another person obliges the perpetrator to compensate for the loss due to their fault." Land encroachment can be categorised as an unlawful act because it meets the requirements of an unlawful act, namely, it must be an act that constitutes an unlawful act, fault, the loss caused, and a causal relationship between the act and the loss. The objective of the research in this case study is to identify the decision of the Banten High Court with Number 16/PDT/2022/PT Banten and to discuss the legal implications that can be applied to this case. The connection with land ownership encroachment in this article also analyses the important role of documents as proof of land ownership rights and the importance of verifying the validity of documents to possess land rights.

Incompatibility of The PPAT Deed Numbering Period with The BPHTB Validation Period at BAPENDA Jakarta

Ownership of Rights to a person is proven by ownership of a Land Certificate that can be transferred to another person, one way is by Sale and Purchase between the Land Owner as the seller and the Buyer. In a transfer of such rights there are taxes that must be paid, one of which is the Land and Building Acquisition Tax or abbreviated as BPHTB and after payment, BPHTB Validation will be carried out with a Maximum Period of 30 Working Days based on the Governor's Regulation and requires a PPAT Deed Number for input. Meanwhile, based on Government Regulations, the PPAT Deed Number has a period of 7 working days from the time it is signed and must be registered with the National Land Agency. Therefore, this creates many multi-interpretations because there is no harmony between one regulation and another. The problem taken in this study is how the inconsistency of the PPAT Deed Number Period with BPHTB Validation. The method used is Normative Jurisprudence with Analytical Descriptive Specifications. The research results show that there is a mismatch between the PPAT Deed Number Period and the BPHTB Validation Period, this condition must be addressed by adjusting the Regulation of the Governor of the Special Capital Region of Jakarta Number 34 of 2022 with Government Regulation Number 24 of 1997 which based on the Hierarchy of Legislation is a higher regulation than the Governor's Regulation.

The Land Acquisition Compensation Process for Public Interest based on Law No. 2 of 2012

Law No. 2 of 2012 concerning Land Acquisition for Public Interest is carried out with the aim of providing land for development for the public interest by terminating the legal relationship between land rights holders and their land rights by providing appropriate compensation. And its implementing regulations are regulated in Presidential Regulation Number 71 of 2012. In the implementation of the Land Acquisition process, there are often obstacles in the process or become legal and social conflicts between land owners and institutions that need land. On this basis, the study aims to determine the process of providing land compensation that meets the principles of the Land Acquisition Law and this study is expected to be able to be used as a reference if similar problems occur. The method used in this study is Normative Jurisprudence, with a Statute Approach that is relevant to the Land Acquisition Law.The results of the study indicate that land acquisition for public interest as regulated in the Land Acquisition Law aims to create justice between the rights of land owners and the needs of national development. This process involves providing fair compensation, including physical and non-physical compensation, while taking into account the socio-economic balance of land owners. However, in its implementation, conflicts often arise related to the legitimacy of ownership and community resistance. This study emphasizes the importance of deliberation and dignified compensation mechanisms to maintain socio-economic stability. The conclusion of the research isCompensation is carried out transparently and through deliberation, taking into account the balance between landowner rights and development needs. The form of compensation includes physical and non-physical, aiming to maintain the socio-economic stability of landowners while supporting national development and protecting the rights of all parties in need.

Impacts of carbon dioxide emissions on agricultural production indicators in Sub-Saharan African countries: new perspectives from static and dynamic panel models.

Agricultural productivity remains pivotal to the sustenance of the economies and livelihoods of Sub-Saharan African (SSA) countries. However, the emerging threat of climate change poses a significant challenge to these agricultural-dependent economies. Sub-Saharan African countries are at risk of experiencing the severe effects of climate change on their agricultural productivity. This paper examines the impact of climate change, as proxied by CO2 emissions, on the agricultural production index in Sub-Saharan Africa. The agricultural production index consists of the Crop and Livestock Production Index. Data for the study were extracted from the World Development Indicator, covering the period 1996-2021. The analysis utilized the Panel GMM estimation technique. The study revealed that the effects of climate change vary on crop production and livestock production indices. While climate change has a positive and significant effect on the crop production index, it exhibits a negative and significant impact on the livestock production index. Factors such as technological development, arable land size, and renewable energy use play a significant role in enhancing agricultural productivity in Sub-Saharan Africa. Conversely, government effectiveness and labor force exhibit a negative influence on the crop production index. In contrast to the crop production index, climate change has a detrimental effect on livestock productivity. Additionally, technological progress, renewable energy use, and arable land size have a negative impact on livestock productivity. The study recommends that African governments implement policies to promote technological progress, improve institutional quality, and increase renewable energy use in the agricultural sector to achieve sustainable agricultural growth. Policymakers and governments are also encouraged to address the challenges of communal land ownership and unclear property rights.

Addressing the Spatial Shortcomings of Agricultural Land Use: Legal Aspects and Obstacles

The article presents a multifaceted analysis of the legal norms of the Law of Ukraine No. 2498-VIII on the elimination of spatial shortcomings of agricultural land use through the procedure of formation of agricultural land. Solving the problem of farmland patchwork is relevant and very important for agricultural producers. The problem of practical implementation of legal norms of the Law of Ukraine No. 2498-VIII was revealed through the analysis of the procedure for the formation of agricultural land, establishing the essence of legal norms on the exchange of land use rights within the relevant array and identification of legal gaps in the legislation on impossibility elimination of shortcomings in agricultural land use. It was found that the main legal gaps of the Law of Ukraine No. 2498-VIII are: the lack of guarantees of equal rights of ownership and use of land within the array of agricultural land; ignoring consultations and involving broad stakeholders in cross-border elimination; neglect of the principle of transparency in the formation of an array of agricultural land; lack of provisions on the responsibility and accountability of participants in this process. In the conditions of the agricultural land market, the legal norms of the Law of Ukraine No. 2498-VIII on the elimination of cross-strips and the organization of rational use of land have lost their relevance and are unviable. All this requires the development of new legislation on land consolidation.

THE IMPACT OF INTANGIBLE ASSETS ON FINANCIAL PERFORMANCE : THE MODERATING ROLE OF AUDIT STATUS IN LISTED SPORTS CLUBS WORLDWIDE

This research investigates the impact of intangible assets within the context of the financial performance of the sports clubs quoted on the stock market worldwide, focusing on the moderating effect of the audit status. Concerning financial performance, this study uses Tobin's Q. It assesses whether or not intangible assets that include brand equity, fan bases, control over players, and ownership of media rights are relevant for increasing the value of the market and the stability of the club. Reviewing a sample of 310 data of sports clubs covering a period of 2014 to 2023, the study introduces the audit status as a moderating variable, postulating that it is likely that high audit status will increase the validity of firm financial report information. The research results show a significant positive impact between intangible assets and firm financial performance. Besides, audit status moderated this relationship, whereby clubs with higher audit status achieved better financial performance due to raised audit integrity and investor prerequisite greater transparency. These findings emphasize the importance of intangible assets and audit status in improving the financial performance of the sports clubs and provide a better understanding of the management, the investors, and the auditors in the sports industry.