Land Ownership Rights Research Articles

Analysis of the Effect of Insufficient Community Engagement in Land Registration through the Lens of Sunaryati Hartono's Typology of Legal Culture

Abstract: This research discusses the factors that cause low community participation in land registration in Sukoanyar Village and the impacts caused, as well as efforts made by the village government to improve land registration. We employ a juridical sociological research method, examining actual community situations to gather necessary facts and data. The findings demonstrated that Sukoanyar Village's low land registration phenomenon remains rooted in a pre-conventional legal culture. This is evident in the community's local customs, which include the conviction that they possess physical control over their land, negating the need for a certificate, their egocentric interests, and their disinterest in government land registration initiatives. The low interest of the community in registering land has several impacts on the certainty of their land rights, including uncertainty of ownership, proneness to disputes, and limited utilization of land ownership rights. In response to this phenomenon, the Sukoanyar Village government made several efforts to improve land registration in the village, including (a) conducting extension and socialization activities involving all villagers to increase public understanding of the importance of land certification and (b) participating in the Complete Systematic Land Registration (PTSL) program conducted by the government through ATR/BPN. Keywords: Community Participation, Land Registration, Legal Culture, Land Certificate.

Optimizing Systematic Land Registration (PTSL) to Enhance Legal Certainty of Land Ownership Rights: Collaboration with Religious Value in Indonesia

Research Problem: Land disputes between the public and various stakeholders frequently arise in Indonesia, often due to limited public trust in the Complete Systematic Land Registration Program (PTSL). This distrust results in low participation in PTSL, affecting land security and legal ownership. Research purposes: This study aims to analyze how religious institutions and values can help optimize PTSL to provide stronger legal guarantees for land ownership while supporting the legal protection of land rights within the community. Research methods: A qualitative approach with descriptive-analytical methods was applied to explore the relationship between PTSL implementation, public trust, and religious influence on land registration. Results and Discussion: The findings indicate that the implementation of PTSL has been effective in promoting land certification, which strengthens legal protection in compliance with existing laws. Moreover, the involvement of religious institutions has been shown to foster public trust by aligning PTSL with community values rooted in faith, making the program more widely accepted. Research Implications and Contributions: The research highlights the importance of religious institutions in enhancing public trust in government programs like PTSL. By integrating community beliefs into the implementation of PTSL, the program not only functions as a mechanism for legal protection but also aligns with ethical and religious principles. This study provides a conceptual foundation for the government to incorporate religious and community values into policy implementation, ultimately enhancing legal certainty and protection of land rights.

Legal Analysis of the Legal Consequences of a Deed of Sale and Purchase Agreement (PPJB) for Land Ownership Rights That is Unilaterally Cancelled

It is undeniable that problems still often occur in society regarding PPJB deeds, one of which is the unilateral cancellation of PPJB deeds which can have legal consequences for the parties. This study aims to examine the legal regulations regarding the cancellation of PPJB deeds of land ownership rights, as well as the legal consequences of PPJB deeds that are unilaterally canceled. The legal research method uses a normative juridical research method with laws and regulations and legal writings as legal materials. The research approach used in this study is the statutory approach and the conceptual approach. Data analysis uses qualitative data analysis. The results of this study are: first, the legal regulations regarding the cancellation of PPJB deeds are regulated in the Civil Code, namely that unilateral cancellation is justified by law if the parties to an agreement expressly agree to set aside the provisions of Article 1266 of the Civil Code under any conditions, on condition that it must be based on a judge's decision. Unilateral cancellation of an agreement due to default without a Judge's decision is not a problem as long as the other party also accepts the decision, but if one party refuses to be accused of default, then the parties submit to the Judge to assess whether or not there is a default. Second, the consequences of the cancellation of the agreement are regulated in Articles 1451 and 1452 of the Civil Code, where the legal consequences are to return the situation to its original position as it was before the agreement was made. In the cancellation of the PPJB deed, the seller has an obligation to return the amount of money that has been paid by the buyer minus the costs that have been incurred by the seller, while the buyer must pay a fine to the seller due to the default that was made.

Juridical Study of the Settlement of Land Dispute Case of Laba Pura Bukit Jati in Bangli Regency

Based on this theory, the Laba Pura area is the Kanista Mandala Pura, or the temple grounds outside the temple itself. The focus of this research is to conduct a thorough investigation of the land dispute in Bukit Jati Temple, Bangli Regency. Therefore, it is expected that Pengempon Pura is able to manage Pura Profits creatively in order to help maintain a harmonious balance in temple operations. Normative legal research is the research methodology used in this thesis. People easily divert Pura Profit land because they consider it as ordinary land, just like other agricultural properties. Efforts to preserve customary land must be watched by the government and temple owners, therefore Laba Pura land or also known as Pelaba Pura land needs legal protection. Legal certainty usually views the trustworthiness of the transfer of land rights in Laba Pura as equivalent to the transfer of land ownership rights.

Factors Influencing the Adoption of Urban Agriculture and Its Effects on Household Food Security in Southwestern Nigeria

Given Nigeria's growing population and the rapid rural-to-urban migration, it is crucial to examine various initiatives that can consistently support and improve food security in urban areas. This study examined one of these initiatives, which has proven to be an effective strategy in some areas of the world. Factors influencing the adoption of urban agriculture and its effect on the food security of households were examined in this study. A multi-stage sampling technique was used for data collection among 325 respondents. The analysis was conducted using descriptive statistics, probit, and ordered probit regression models. The descriptive statistics revealed that about 59% of respondents are engaged in urban agriculture. Among the determinants of urban agriculture adoption, age, land ownership, land size, and association membership were observed to positively determine the adoption of urban agriculture, while years of education, access to credit, and income negatively influence its adoption. The ordered probit regression model was used to assess the factors that influence the food security of farming households. Covariates including age and household sizes were found to negatively influence food security. Conversely, gender, education, land ownership rights, land size, credit access, association membership, and urban agriculture positively influence household food security. It was therefore concluded that urban agriculture is an effective means to improve household food security in Southwestern Nigeria. However, increasing awareness and education about the benefits of urban agriculture is crucial, as people often abandon this practice when they have increased access to credit and income. Furthermore, policies toward promoting land ownership and equality in access to resources should be implemented, as this will promote easy participation in urban agriculture.

Trust-type Development Projects and Review of the Right of Occupancy of Landowners

In the case of development projects by association, the Supreme Court's decision 2020du36724 (so-called '1-person multiple rights decision') dated 2023.02.23. and the Supreme Court's decision 2022du56586 (so-called '1-generation multiple rights decision') dated 2023.06.29. were analyzed in relation to the interpretation of the qualifications of association members and the status of landowners to receive distribution under the Urban Development Act. In addition, a systematic interpretation was attempted on the necessity of distinguishing between the status of association members and the status of distribution recipients of landowners, etc. under the Urban Development Act, whether the status of association members and distribution rights of those who have acquired land, etc. from 1-person or 1-generation multiple rights holders are recognized, and whether the overlapping application of Article 39, Paragraph 1, Subparagraphs 2 and 3 of the Urban Development Act can be recognized under the principle of legal interpretation. In addition, based on the above unified and systematic interpretation of the combined-type development project, an analysis was conducted on how to review the occupancy rights of landowners in the trust-type development project introduced after 2015. In particular, the Supreme Court decisions 2020du36724 (1-person multiple rights decision) and 2022du56586 (1st generation multiple rights decision) examined above have presented controversial views and implications in the academic world regarding the status of landowners as members of the association, whether the representative association member and the remaining landowners are each recognized as having independent subscription application rights. Meanwhile, the 1st generation multiple rights decision suggests that the representative association member should be selected by overlapping the 2nd and 3rd clauses of Article 39, Paragraph 1 of the Urban Development Act among multiple landowners and transferors. In relation to the content of this ruling, we have reviewed the relationship between legal stability and specific validity, the principle of literal interpretation, and the limitations of systematic and logical interpretation presented in the Supreme Court’s 2011du19239 ruling regarding the interpretation of the law. In addition, in the case where a trustee is designated as a project executor in accordance with the revision of the Urban Development Act on February 9, 2018, the “designation of a project executor” can be considered as “approval of establishment of an association,” and the qualifications of the association member (consignor) can be judged, etc., so the principle of one household per generation can be applied in the same way as in the association-type development project.

Особенности банкротства управляющих компаний: правовое регулирование и правоприменение

The article provides a comprehensive analysis of legal aspects related to debt management for communal services and bankruptcy procedures of managing companies in the Russian Federation. The main focus is on analyzing the heterogeneity of legal approaches in judicial practice, obligations and rights of subscribers for payment of communal services, as well as recent changes in legislation aimed at increasing transparency in the housing and communal services sector and strengthening the rights of property owners. The author proposes comprehensive measures to improve the situation, including the standardization of legal approaches, strengthening control over payment for services, and preventing bankruptcy of managing companies through the development of effective mechanisms.

ENCODING RESTRICTIONS AS AN OBJECT OF CADASTRAL SYSTEMS IN UKRAINE

Transparency and uniformity of registration of land use restrictions are interdependent and complementary aspects critical for ensuring effective management of land resources. The interaction of transparency and uniformity creates conditions for accessibility, comprehensibility, and better perception of data. The study analyses land use restrictions identification during their registration in the State Land and Urban Planning Cadastres to determine the uniformity of the registration. The analysis mainly focuses on the main attributes of the land use restrictions, such as code and name. Based on the research results, we established that the classification of land use restrictions for registration in various state cadastral systems, particularly State Land and Urban Planning Cadastres, is mostly not identical and requires coordination. There is an unjustified duplication of some land use restrictions and ambiguity in assigning them to specific categories. A particular problem is coding land use restrictions as registration objects without considering the hierarchical spatial organisation of restriction zones and the principle of logical construction. There is also an inexplicable duplication of some categories of land use restrictions, as in: the protected archaeological territory (codes 06.06.3 and 16.04), the historic and cultural protected territory (codes 06.06.5 and 16.03), the historical and cultural reserve (codes 06.06.4 and 16.02), the historical area of ​​the inhabited place (codes 06.06.2 and 16.07). In addition, there are minor differences in the names. It is worth noting that correctly identifying land use restrictions is essential for developing local urban planning documents due to the requirements of integrating information from various sources and updating them regularly. Transparency and uniformity of registration of land use restrictions in the State Land Cadastre and Urban Planning Cadastre are the main factors contributing to the effective management of land resources, ensuring legal certainty, attracting investments, and protecting the rights of land owners. They also contribute to reducing corruption, increasing trust in public authorities, and protecting the environment. Keywords: restrictions, code, state land cadastre, urban planning cadastre.

Erosion of Rivers and their Impact on Land Ownership of Vernacular Settlements: Insights from Two Settlements Near the Tigris and Euphrates Rivers in Iraq

It is usual for human settlements to rise along the river banks because rivers provide water: the major source of sustenance of communities. However, riverbank erosion along rivers has huge implication for these settlements that border them. The Tigris and Euphrates rivers in Iraq causes land loss that impacts adjacent properties and land ownership rights. This study examines such erosion and land submersion in two locations in Iraq: along the Euphrates in Ramadi and the Tigris in Baiji. The research employs historical maps and multi-temporal satellite data from 1968-2022. The GIS analysis quantified erosion areas and compared changes to cadastral records to determine direct impacts to property boundaries and land rights. The results identified significant conversion of privately held waterfront land into nonusable flooded river channels, amounting to billions in loss of value. Owners forfeited all functional land access without current provisions for relocations or erosion mitigation planning. The research concludes that intensifying hydrologic shifts could exponentially increase economic disruption for vulnerable property holders without integrated monitoring tools and policy responses to the dynamic river morphologies.

Sengketa Hak Kepemilikan terhadap Tanah yang Bergeser Pasca Bencana dalam Tinjauan Hukum Islam

This research aims to determine the process of resolving disputes over land that has shifted after a natural disaster and the law on ownership rights. This research uses a type of library research. This research is included in the qualitative research category with data collection techniques by conducting a review study of books, literature, notes and reports that are related to the problem. From the results of this research, if a land dispute occurs among the community, the dispute resolution process is carried out with two options, carried out through the courts or carried out outside the courts. Settlement through court takes quite a long time to complete. Settlement carried out outside of court is carried out by making peace between the parties to the dispute. Methods outside of court are much more effective in resolving disputes without leaving wounds in the opponent's heart. Islam shows that dispute resolution should be done outside of court. Ownership rights to land that is shifted after a disaster remain the property of the community. It will not be transferred to the government or other communities because after the disaster the government tries to review the land ownership rights of each affected family and re-measure the land directly in the field. But several natural disasters caused property rights to be returned to the government. One of them is abrasion, the cause of abrasion is causing land to be destroyed due to natural factors for which the State is not held responsible.

The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.

Large-scale agro-industries and host community land restitution demands: understanding the land-use conflicts between the CDC and Fako elites in the south west region, Cameroon

Large-scale land acquisition has been frequent in most parts of Africa. This frequently led to extensive dispossession among other pitfalls of violation of indigenous land ownership rights. A significant proportion of Fako division’s fertile slopes and plains were expropriated by the Germans for implantation and development of plantations. Ownership rights of indigenous community lands were transferred without the legal consent of the rightful native authorities. Against the backdrop of this colonial intrusion and consequential violations of local customary tenure rights, the growing need for justice and restoration of dignity has been a shared value among a preponderant proportion of the local Bakweri ethnic group. This culminated to a restitution decision of CDC leased lands to the Bakweri by the African Commission on Human and People’s Rights. Nonetheless, the proportion of restituted lands has not been significant and satisfactory enough to conciliate the expropriated host communities of the extensive CDC leaseholds. As such, landownership contestations and its consequential socio-political tensions still persist in Fako. This paper is centered on yet a more frequently expressed contestation: encroachment into and occupancy of CDC leaseholds by natives of Fako as a whole and Ndongo of Tiko sub-division in particular. Prior extensive documentary review was done which pointed to the locality of Ndongo as a suitable case of interest. Contrary to the general land grabbing tendencies of agro-businesses, community members here are accused of unauthorized intrusion into and tenancy of lands with legal ownership rights belonging to the CDC. The study was ethnographic comprising of individual in-depth interviews and observations.

Legal Protection of Land Rights in Mixed Marriages Ending in Divorce

General Background: Mixed marriages in Indonesia face legal complexities, especially regarding property division upon divorce due to differing national laws. Specific Background: Conflicts between the Basic Agrarian Law (UUPA) and the Civil Code (KUHPerdata) complicate land ownership rights in these marriages. Knowledge Gap: Few studies address the protection of Indonesian citizens’ land ownership rights in mixed marriages ending in divorce. Aims: This study analyzes the legal protection of these rights and identifies existing obstacles. Results: Key challenges include legal jurisdiction complexities and a lack of prenuptial agreements, leading to legal uncertainties. Novelty: This research focuses on the interplay between national land ownership laws and international marital dissolution. Implications: The study suggests the necessity for stronger prenuptial agreements and reforms to better protect land ownership rights post-divorce, enhancing legal certainty and fairness. Highlights: Legal Conflicts: Highlights how discrepancies between the UUPA and KUHPerdata complicate land ownership rights. Prenuptial Agreements: Emphasizes the critical need for robust prenuptial agreements in mixed marriages. Legal Reform: Calls for reforms to improve legal protections for land ownership rights post-divorce. Keywords: Mixed Marriage, Land Ownership, Divorce, Legal Protection

Kedudukan Hukum Mahar “Sunreng” dalam Perkawinan Bugis Makassar

This study aims to determine and analyze the implementation of the provision of land dowry in marriage according to national defense law, as well as the legal protection status of ownership of land rights in marriage dowry in Tanralili District, Maros Regency. In addition, it also aims to find out and analyze legal protection for women who receive dowry land in marriage in Tanralili District, Maros Regency. In addition to field research, namely open interviews with a number of local government officials such as the Head of BPN Maros Regency, Tanralili Sub-District, Head of KUA Tanralili District, as well as questions and answers with several residents who married with land as their dowry, a literature study was also conducted (Library Research) by studying related laws and regulations, books, journals, and articles obtained through the internet. Data analysis is carried out using qualitative and normative analysis techniques. The result of this study is that the implementation of dowry in marriage of national land law is valid or permissible as long as legal certainty in terms of certificates is submitted at the time of marriage contract if and according to national land law if registered with the national land office by first proving by a deed of grant made by the Land Deed Making Officer (PPAT). And Legal protection for women who receive land, the provision of dowry in marriage in Tanralili District, Maros Regency, which is the strongest on land, is a certificate made by the local land office, further suggestion that the granting of dowry in marriage can be recognized for its implementation according to national land law.

Determination of Land Identified as Abandoned for Legal Security of Land Right Holders in Southeast Sulawesi

The aim of the research is to identify land that can be designated as abandoned land and analyze the form of management that can be carried out on land that has been designated as abandoned land so that it has useful value. The method used in this research is a qualitative descriptive research type with an empirical normative approach using secondary data through descriptive study and analysis of statutory regulations and related literature. The land rights that are the object of abandoned land are land ownership rights, building use rights, business use rights, use rights, management rights, and land obtained based on the basis of land control. These rights lands have criteria to be identified as abandoned land, namely Freehold land becomes the object of control over Abandoned Land if it is intentionally not used, not exploited, and/or not maintained so that: a) it is controlled by the community and becomes a village area; b) controlled by another party continuously for 20 (twenty) years without any legal relationship with the Rights Holder; or the social function of Land Rights is not fulfilled, whether the Rights Holder still exists or no longer exists. Land with building use rights, use rights and management rights becomes the object of control over abandoned land if it is intentionally not cultivated, not used, not exploited and/or not maintained starting 2 (two) years from the issuance of the rights. Then land with land use rights becomes the object of controlling abandoned land if it is intentionally not cultivated, not used, and/or not exploited starting from 2 (two) years from the issuance of the right. And land obtained based on the Land Tenure Basis becomes the object of controlling abandoned land if it is intentionally not cultivated, no used, not used, and/or not maintained starting from 2 (two) years from the issuance of the Basic Land Control. Management of abandoned land that has been designated as State land is carried out through the utilization of abandoned land. Article 35 of PP Number 20 of 2021 regulates that the utilization of TCUN is intended for agricultural and non-agricultural purposes in the interests of society and the State. Utilization of abandoned land through agrarian reform, national strategic projects, land banks and other state reserves.

Legal implications of oral agreements prior to the making of grant deeds

The significance of this study lies in recognizing the crucial role grants play within the social fabric of Indonesian communities. Despite their importance, grants, particularly in the context of land inheritance, often pose challenges, leading to complications such as the potential for withdrawal or annulment. This research aimed to dissect and comprehend the legal ramifications of verbal agreements made prior to the formulation of a grant deed, especially focusing on how such agreements influence the withdrawal of land ownership rights, as illustrated by the decision of the Kupang High Court (Case No. 23/Pdt/2017/PT.KPG). Employing a normative legal research approach, this investigation delves into secondary data and legal literature to interpret the law both as it is written and as it governs societal behavior. A comparative analysis of similar cases provides additional insights, revealing how varying interpretations of verbal agreements can impact the enforceability of grant deeds across different jurisdictions. This study proposed a detailed analysis, asserting the necessity for clearly defining real evidence in the form of authentic deeds. These deeds serve not only as conclusive proof of land ownership but also as a foundational element for any modifications to such ownership, premised on the mutual consent and responsibilities undertaken by both the grantor and grantee during the deedʼs creation. The grant deed emerges as a pivotal document, ensuring the granteeʼs rights over the land, predicated on the lawful acts executed by both parties involved in the transaction. By exploring these aspects, the research offers insights into enhancing the legal framework surrounding grants, aiming to mitigate the issues arising from oral agreements in land transactions

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 Certainty Of Electronic Land Title Certificates

The idea of launching electronic land certificates aims to increase efficiency in land registration, support the Ease of Doing Business (EoDB), reduce the number of land cases, and provide better legal certainty. Electronic land certificates, like conventional certificates, serve as proof of land ownership rights. However, the application of electronic certificates is still faced with public concerns regarding the security of digital data, although there are also those who consider it safer because it is free from the risk of damage or loss. Article 2 paragraph (1) states that the land registration process can be done digitally. This research uses a normative legal method with a conceptual approach, starting from an analysis of the vagueness of norms which is then discussed regarding legal certainty in land ownership with electronic certificates, which is supported by Law Number 6 of 2023 concerning Job Creation, Article 147. The determination of electronic certificates as valid evidence is also contained in Law Number 1 of 2024 concerning the second amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE), Article 5, which recognizes electronic information, electronic documents, and their printouts as valid legal evidence in accordance with applicable procedural law in Indonesia.

JURIDICAL REVIEW OF THE TRANSFER OF LAND OWNERSHIP RIGHTS THAT ARE TRADED BY PLOT IN SUMBAWA REGENCY

The research entitled "Juridical Review of Transfer of Land Ownership Rights in Kapling in Sumbawa Regency" aims to find out the process of transferring land ownership rights that are traded in kapling at the Sumbawa district land office, to find out the legal certainty of ownership of land plots that are traded in Sumbawa district. The approach methods in this research are Normative and Empirical, the normative approach is a document study, and Empirical research is one type of legal research that analyzes and examines the operation of law in society. The results of this study conclude that the registration of transfer of rights to land plots is held at the National Land Agency (BPN Sumbawa Regency) while the process of buying and selling land plots itself is held before a Notary / PPAT to obtain an authentic deed. and the process of transferring ownership rights to land plots that are traded, which includes using PPAT services, checking certificates to BPN, submitting proof of payment of SPPT PBB, submitting seller and buyer documents, signing the sale and purchase deed. The process of selling and buying before a Notary / PPAT is clear that there is legal security for the land plot being traded and gets legal protection in the event of a problem / dispute. Meanwhile, if the process of buying and selling land plots is carried out under the hand, then the lack of witnesses in the transaction process takes place because it is not through the presence of a Notary / PPAT.

Analisis Hukum Mengenai Turunnya Balik Nama Sertifikat Hak Milik Menjadi Hak Guna Bangunan pada Badan Usaha Atau Perseroan Terbatas (PT)

Land is something that is very meaningful for the lives of living creatures, especially humans, from the past until the future. Therefore, it is important to have clear legal rules to regulate it. In Article 16 paragraph (1) of the UUPA, there are several types of land rights, namely: Ownership Rights, Cultivation Rights, Building Use Rights, and Use Rights, Rental Rights, Land Clearance Rights, and Forest Product Harvesting Rights. Land rights are rights owned by every land owner provided they have a certificate as strong evidence. Property rights are the strongest and most fulfilled rights. Business entities in the form of limited liability companies are currently in great demand, but problems often occur regarding land use due to the reduction in the status of Land Ownership Rights to Building Use Rights experienced by limited liability companies. The transition process also often experiences obstacles. For this reason, this research uses normative juridical research methods which focus on studying the application of rules or norms in positive law with a statutory approach and legal norms relating to land rights by Limited Liability Companies.