Proof Of Ownership Research Articles

Legal Efforts for Owners to Regain Their Certificates Related to the Criminal Case of Embezzlement of Land Certificates by Notaries

In Indonesia, every land right, management right, waqf land and ownership right to a condominium unit are registered by recording them in a land book, which contains physical data and legal data of the land area in question and as long as there is a measurement letter, which is also recorded in the measurement letter. Normative research method. Civil Code (KUHPerdata) Article 1866 KUHPerdata: States that the legal owner of a land right has the right to prove his ownership. In cases of embezzlement, the owner can use legal proof of ownership to file a claim. Article 197: Regulates the restoration of lost rights, which can be used as a basis for filing an application for restoration of rights to embezzled certificates. Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA): Article 1 Paragraph (1), Article 37, Article 672. Government Regulation No. 24 of 1997 concerning Land Registration: Article 1 Paragraph (1). PP NO. 18 OF 2021: a series of activities carried out by the Government continuously, continuously and regularly including the collection, processing, bookkeeping and presentation as well as maintenance of physical and legal data from each plot of land owned by the community, legal entities and government agencies. In its implementation, the definition above is carried out based on the principles of simplicity, safety, affordability, up-to-date and openness. Basically, the issuance and cancellation of land title certificates can be done in two ways, namely cancellation due to a court decision and cancellation carried out by the BPN itself. because the court decision only assesses the validity / does not have legal force, while the cancellation of the certificate is the authority of the BPN, are two different things.

Designing a secure title deed registration model for land transactions in Kenya based on blockchain

The purpose of this study was to design a secure title deed registration model for land transactions in Kenya based on Blockchain. Blockchain technology creates a publicly accessible distributed database that keeps track of all land transaction records, allowing confirmation of land ownership at any given point in time with the aim of creating a secure and transparent environment that guarantees the much-needed confidentiality and integrity of land transactions. Design Science research methodology was adopted by the research to provide an overall scope in the model design and development requirements, while the Proof of Concept (PoC) research methodology was used to design and develop the essential modules for the model. The research employed subjective sampling to select users to perform a criteria-based model evaluation approach against the evaluation metrics (persistence, time stamping, transparency and decentralisation) set out by the research. Results were presented in the form of a descriptive summary of the users' feedback. From the results, the study established that the model could effectively execute immutable, time-stamped, transparent and decentralised land registration and land transaction processes that can be used as authentic proof of land ownership. The study concluded that the proposed model enhances transparency and security, contributing to a more reliable system that fosters public confidence. The study recommends that future research may focus on the integration of Blockchain with land taxation systems as well as the adoption of cryptocurrency as a legal tender to facilitate the execution of smart contracts for properties in Kenya.

Prospects for the Application of Unexplained Wealth Order in the Forfeiture of Assets Proceeds of Corruption in Indonesia

This research focuses on discussing two things, namely (1) how the legal politics of regulating asset forfeiture for corruption crimes in Indonesia and (2) what are the prospects for applying the unexplained wealth order in asset forfeiture for corruption crimes in Indonesia. in this study it was found that: first, the legal politics of asset forfeiture for corruption crimes in Indonesia is still mainly oriented towards the process of asset forfeiture based on conviction, asset forfeiture can only be carried out if there is a judge's decision that is legally binding. However, if in the course of a criminal case there are difficulties in proof, the defendant dies in the judicial process, and after a court decision with permanent legal force it is known that there are assets or assets owned by the perpetrator that are the proceeds of crime, a civil lawsuit can be filed. however, it is different from the concept of unexplained wealth contained in the Criminal Asset Forfeiture Bill which has a broader dimension of civil filing. And the filing of a civil lawsuit is not an alternative to the criminal justice process. Asset forfeiture lawsuits through the criminal process can be filed before, during and after criminal judgements, in order to avoid obfuscation and the disappearance and conversion of assets resulting from corruption crimes. Secondly, the prospect of implementing unexplained wealth in Indonesia has existed through the establishment and drafting of the Criminal Asset Forfeiture Bill. However, this bill is not equipped with the obligation to reverse the burden of proof, which is identical to the proof of ownership of assets contained in the Anti-Corruption Law. In the future, it is necessary to equalise the reversal of the burden of proof that should be carried out by the owner of the asset to facilitate the proof process and assist the legal apparatus.

Contemporary Batik on The Verge of Risk: The Urgency of Copy Right Registration for Legal Protection

Contemporary batik is characterised by motifs or patterns containing freedom of expression, not bound by tradition and patterns that tend to be more modern. In Purworejo Regency, there are 48 contemporary batik craftsmen, but only 6 craftsmen have copyright certificates for their contemporary batik motifs. While other craftsmen do not yet have a copyright certificate. Though copyright is a legal protection needed for a work, one of them contemporary batik. Copyright is an exclusive right granted to the copyright holder to use, reproduce or give permission for it on a work. This study aims to analyse the legal protection of contemporary batik through copyright registration. To achieve these goals, this research was conducted using normative sociological legal research methods. Normative sociological means that the research is conducted by examining existing legal materials, then analysing how its implementation in society in accordance with the problems faced. Legal materials collected will be reviewed comprehensively and analysed deductively with a systematic presentation. The results showed that copyright registration provides legal protection against contemporary batik motifs. Through this copyright registration, the creator will get a copyright certificate, where the certificate can be proof of legal ownership of batik motifs. Legal protection provided in the form of preventive protection, namely prevention so that no one else who imitates the contemporary batik motif. Furthermore, protection repressive, namely case settlement can be done through the path of litigation or non-litigation when there is a case related to batik motifs contemporary.

PENGARUH EARNING PER SHARE (EPS) DAN PRICE EARNING RATIO (PER) TERHADAP RETURN SAHAM PADA PT. JASA MARGA, TBK

Return is the result obtained from investment while shares are proof of ownership. This research aims to determine the effect of earning per share and price earning ratio on stock returns at PT. jasa marga Tbk, whichis listed on the Indonesia stock exchange for the 2007-2022 period. this research is associativeresearch. The sampling techniquein this research used purposive sampling with a population of 15 years and a sample of 1 year. The data analysis method used is the classic assumption test, which contains several tests including (normality test, multicollinearity test,autocorrelation test, and heteroscedasticity test). Multiple linear regression analysis using SPSS 26. Hypothesis testing (partial test, simultaneous test). The result of this research are thad thre is a negative and significant influence on earning per share (EPS) while the price earning ratio (EPS) has a significant influence on stock returns. Whice means that together (simultanceously) the EPS and PER variabels have a significant and influential effect on stock returns

Legal Protection of Copyrighted Works Non-Fungible Token (NFT) in Digital Business

<p>The purpose of this study is to find legal protection for Non-Fungible Token (NFT) copyrighted works in digital business. In today's digital business, the NFT (Non-Fungible Token) phenomenon is no longer foreign to millennials. NFT is a digital token used to represent ownership or rights to a digital work in the <em>blockchain chain</em>. In the context of copyright protection, NFT can be used to provide proof of ownership and authentication of unique digital works in digital business. NFT covers several aspects and broad applications, namely in the fields of art, music, games, virtual property, etc. This study is limited to NFT in the field of digital art. This shows that the field of digital art in the NFT application has become an idol for millennials to get economic value in addition to its legal protection. This research is a legal research normative with approach qualitative, concept, legislation. Method data collection through secondary data by taking previous research related to NFT protection. The analysis method is carried out qualitatively. The results of the study indicate that the legal protection of NFT copyrighted works in digital businesses has not been specifically regulated in Article 40 of Law Number 28 of 2014 concerning Copyright, so that further regulations are needed to protect copyrighted works applied in NFT to anticipate digital businesses that do not detrimental to the parties.</p>

Analisis Implementasi Akad Musyarakah Mutanaqisah pada Pembiayaan ASN di Bank NTB Syariah Cabang Sriwijaya

Musyarakah Mutanaqishah is a form of cooperation between two or more parties for the ownership of an item or asset. Where this cooperation will reduce the ownership rights of one party while the other party increases its ownership rights, this transfer of ownership is through a payment mechanism for other ownership rights. This research aims to explain the implementation of the Musyarakah Mutanaqisah contract in ASN financing at Bank NTB Syariah Sriwijaya Branch and the obstacles in implementing the contract. The method used is descriptive qualitative by observing, evaluating, analyzing and describing the phenomena that occur in implementing the Musyarakah Mutanaqisah contract on ASN financing at Bank NTB Syariah Sriwijaya Branch. The results of the study state that the implementation of the Musyarakah Mutanaqisah (MMQ) contract for ASN consumer financing at Bank NTB Syariah Sriwijaya Branch has been carried out by the DSN-MUI fatwa as stated in the SOP for financing implementation. The obstacles faced by Bank NTB Syariah in the implementation of ASN financing with the MMQ contract include, among others, the lack of understanding of customers regarding the regulations and mechanisms for implementing financing with the Musyarakah Mutanqisah (MMQ) contract; some customers cannot provide proof of asset ownership on behalf of the customer or their spouse, some customers apply for financing without bringing their spouse for various reasons, and some customers are unable to provide funds for administrative and insurance costs required before the financing disbursement process can be carried out.

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

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

The Position of Land Ownership Certificates in Settlement of Inheritance Disputes

Land is one of the basic human needs. This article is motivated by the lack of legal certainty regarding land ownership. Many land disputes continue to arise due to inappropriate locations or boundaries, such as duplicate certificates. A certificate of ownership is a copy of the land register and its dimensions, if accompanied by a cover paper, the form of which is determined by ministerial regulations. The aim of this research is to understand certificates as proof of rights and title to land. The method used in this research uses a normative method, by analyzing existing legislation and literature. Based on the large number of cases related to land, it can be concluded that ownership of a land certificate is an important basic proof of land ownership. Ownership rights to land remain with the owner as long as the owner does not release or surrender his rights

Palm oil expansion, insecure land rights, and land-use conflict: A case of palm oil centre of Riau, Indonesia

Insecure rights tend to lead to land-use conflicts. The literature mainly focuses on the impact of insecure land rights on investment. Regarding the causes, studies mainly focus on the effect of state regulations. Little attention is given to the impact of the extractive economy on land rights security. This article scrutinizes how palm oil expansion manipulates insecure land rights, leading to land-use conflict. We pay attention to a particular land right in Indonesia that is based on the´ land status letter´ (Surat Keterangan Tanah, SKT), an initial proof of land ownership that is widely held by villagers in Indonesia. Studies have neglected this land right, as most attention has been on customary rights (Adat). Our main questions are: How do palm oil companies treat the SKT in their efforts to obtain more land for their plantations, and how do farmers try to fight for their SKT rights? Using a qualitative case study in Indonesia´s Riau Province, we show that because of a shared perception that SKTs offer security, villagers did not attempt to get a full legal land certificate from the Land Agency, and palm oil companies often manipulated SKT land rights to acquire land for new plantations. Limited access to conflict resolution mechanisms hampers landholders’ efforts to enforce their land rights, and our study suggests that the security of SKT land rights depends upon landholders’ ability to fight for their rights. NGOs did not help empower them in this matter in most cases.

Kualitas Pelayanan Penerbitan Sertifikat Pengganti pada Badan Pertanahan Nasional Kota Blitar

A land certificate is legal and very important proof of land ownership. Therefore, people need to look after and maintain it well. However, there are still cases where the certificate is lost, so the land owner needs to make an application to obtain a replacement certificate at the local National Land Agency. In the certificate replacement process, there are several obstacles, such as the high costs for publication in the mass media, the length of bureaucracy that the applicant must go through, the long time required to complete the service, and the large number of documents that the applicant must submit. This research aims to evaluate the quality of service in the process of issuing replacement certificates at the Blitar City National Land Agency and identify the obstacles faced in this process. This research uses qualitative methods whose results will be processed into descriptive data. The data collected includes primary data obtained from interviews and observations, as well as secondary data obtained from literature reviews. The data collection process was carried out through interviews, direct observation and documentation. The results of this research are based on a series of analysis processes from interview data, observation and documentation, showing that the quality of replacement certificate issuance services at the Blitar City National Land Agency is good. Judging from the five indicators of service quality used, namely Tangibles, Reliability, Responsiveness, Assurance and Empathy. There are obstacles faced, namely the occurrence of errors in the KKP system which is used to process all types of services, obstacles in making the oath agenda schedule which can hinder the completion of services

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

Penyelesaian Sengketa Terhadap Hak Guna Bangunan Atas Tanah Milik Orang Lain

The purpose of writing this article is to explain the issues that often arise in conflicts over building use rights over private property rights. The abstract talks about efforts to resolve disputes. The National Land Agency (BPN) offers non-litigation through mediation services or through other dispute resolution channels. Land ownership is the main issue in the dispute resolution process. Land ownership certificates are a strong source of evidence, but can be revoked if the opposing party has stronger proof of ownership.

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.

AKIBAT HUKUM TERHADAP SERTIFIKAT HAK ATAS TANAH YANG TUMPANG TINDIH

Legal efforts to facilitate referrals to plots of land so that good land management can be carried out. After the land registration has been completed according to the stages carried out, a Principal Rights Certificate is issued. This is proof of ownership and is considered strong evidence of the physical and legal data contained therein as long as the physical and legal data is still maintained. The data is in accordance with information from relevant survey documents and land legal documents. A certificate as proof of land ownership after being registered at the Land Office of course brings legal certainty to the holder. However, in fact there are several cases where the certificates overlap, such as in the case that was decided in decision number 32/G/2023/PTUN SBY ​​between Sri Wulandari and the Head of the Batu City Land Office and I Made Artawan. Legal certainty regarding land ownership is by registering the land owned by each person, because based on Article 1 paragraph (1) of the Basic Agrarian Law, by registering the land we own, this guarantees legal certainty for the land owner and is proven by the issuance of a land title certificate. This land ownership certificate has strong evidentiary value as long as the land procurement and registration is carried out according to established procedures and there are no clerical defects in the land registration. Article 32 (2) PP Regulation Number 24 of 1997.

The Hidden Dangers of Land Disputes: Why Proof of Ownership Matters in Civil Lawsuits

One of the legal issues regarding civil lawsuits related to land and building rights is "whether or not the description of evidence of ownership of land and building rights is mandatory in the description of the lawsuit". This still causes dualism because there is a legal vacuum in this regard. The objectives of this article are: 1) Analyze the position of the description of proof of ownership in a lawsuit regarding land and building rights issues; and 2) Analyze the ratio decedendi regarding the parsing of proof of ownership in a lawsuit regarding land and building rights issues. This research is doctrinal research with statute, conceptual, and case approaches. The results of this study are, first, related to the description of evidence of ownership of land rights in the lawsuit as a formal requirement of the lawsuit in the issue of disputes over land and building rights is an obligation then the lawsuit can be qualified as an obscure lawsuit (obscuur libel), and of course the juridical consequence is that the lawsuit cannot be accepted (niet ontvankelijke verklaard). Second, from the consideration of the panel of judges in the Cibinong District Court Decision Number 216/Pdt.G/2023/PN Cbi. and District Court Decision 15/PDT.G/2011/PN. GORONTALO, it can be concluded that according to the Panel of Judges, the description of evidence of ownership of land rights in the lawsuit is a formal requirement that must be fulfilled.

Transformation of Marriage Dowry into Shares in a Limited Liability Company: A Review of Civil Law and its Implications

The transformation of marital dowry into shares in a Limited Liability Company marks a significant shift in the paradigm of civil and business law in Indonesia. This research explores the legal basis that enables the transformation of dowry into shares and its legal and business implications. In Islamic law in Indonesia, dowry is an obligatory gift from the prospective husband to the prospective wife which is the full right of the wife, and can be in the form of shares as per Clauses 32 of the Compilation of Islamic Law. The legal framework governing shares in Limited Liability Companies, including Clauses 48 point (1) and Clauses 52 of Law point 40 of 2007 on Limited Liability Companies, emphasizes the importance of proof of share ownership and the rights of shareholders. A normative juridical approach with qualitative analysis of legal documents and jurisprudence is used in this research. The results show that transforming dowry into shares has a strong legal basis and provides long-term financial benefits and education on share investment. However, fluctuations in share value and management risks remain a challenge. The case study shows that this transformation can inspire people to consider stocks in family financial planning. With in-depth understanding and proper documentation, the transformation of dowry into shares can provide significant financial benefits and maintain legal certainty in marriage.

Legal Certainty Regarding Electronification of Land Certificates (Sertipikat-El) As Proof of Ownership of Land Rights in Indonesia

Apart from being a natural resource, land is also an asset or investment material. This urgent land need really requires authentic evidence, namely land certificates, as strong evidence to prevent disputes. As time goes by, manual land certificates will be changed to electronic land certificates. The formulation of the problem in this paper is the legal certainty of electronic land certificates as proof of ownership of land rights in Indonesia. The type of research used is juridical-normative, using a statutory approach ( statute approach ). The results of this research are that an electronic land certificate will be issued if the applicant requests to replace the manual land certificate with an electronic land certificate, and its implementation must continue to be socialized so that more parties know about it and the security of the data in the certificate can be maintained.

Asset Management in Islamic Inheritance: A Solution for Economic Empowerment Obstacles

If inheritance assets are transferred, the economic well-being of heirs should increase. However, conflicts among heirs often prevent this, resulting in unproductive or disputed assets with unclear ownership. These disputes significantly hinder the economic progress of the heirs. This article attempts to propose a solution to the problem. According to Islamic inheritance principle, before distribution, there are three obligations must be fulfilled: handling the body's costs, repaying the deceased's debts, and executing their will within limits. Afterward, remaining assets can be distributed among entitled heirs according to Islamic inheritance laws. The remaining assets, termed inheritance, can enhance heirs economic empowerment when distributed. The asset management approach that focuses on Islamic inheritance is expected to further impetus for the economic strengthening of individual beneficiaries specifically, as well as benefit the Muslim community and the general public in the country, such as alleviating conflicts and cultivating heightened economic activity. This qualitative study utilizes a library research approach with phenomenological lens. Based on the literature review conducted, asset management based on the principles of Islamic heritage with the aim of increasing economic empowerment is: providing education to families about Islamic inheritance; accurately record ownership of property, debts, and receivables; the written documents as proof of ownership of asset, and the determination of inheritance rights and their division should be held; utilizing inheritance assets productively to establish sustainable individual or family finances.

Quality Improvement for Invisible Watermarking using Singular Value Decomposition and Discrete Cosine Transform

Image watermarking is a sophisticated method often used to assert ownership and ensure the integrity of digital images. This research aimed to propose and evaluate an advanced watermarking technique that utilizes a combination of singular value decomposition methodology and discrete cosine transformation to embed the Dian Nuswantoro University symbol as proof of ownership into digital images. Specific goals included optimizing the embedding process to ensure high fidelity of the embedded watermark and evaluating the fuzziness of the watermark to maintain the visual quality of the watermarked image. The methods used in this research were singular value decomposition and discrete cosine transformation, which are implemented because of their complementary strengths. Singular value decomposition offers robustness and stability, while discrete cosine transformation provides efficient frequency domain transformation, thereby increasing the overall effectiveness of the watermarking process. The results of this study showed the efficacy of the Lena image technique in gray scale having a mean square error of 0.0001, a high peak signal-to-noise ratio of 89.13 decibels (dB), a universal quality index of 0.9945, and a similarity index structural of 0.999. These findings confirmed that the proposed approach maintains image quality while providing watermarking resistance. In conclusion, this research contributed a new watermarking technique designed to verify institutional ownership in digital images, specifically benefiting Dian Nuswantoro University. It showed significant potential for wider application in digital rights management.