Land Ownership Rights Research Articles

토지수용에 관한 법적 쟁점의 해결방안

Article 23 (3) of the Constitution provides for the guarantee of property rights, while stipulating that property rights can be restricted based on law on the premise of payment of legitimate compensation if there is a public need. The judicial problems related to land expropriation are as follows. First, land expropriation contains legal issues regarding landowners and related persons who have interests in the land. In particular, the legal status of a person with a security right with respect to the expropriated land and a buyer with a claim for bond registration on the land is a problem. Second, if landowners receive expropriation compensation instead of losing their ownership through land expropriation, they sometimes deposit expropriation compensation on behalf of the land, so the mortgage holders acquire the right to property compensation, and the bond claimants who purchased the land acquire the right to claim. This is a matter of legal interpretation and at the same time is linked to the guarantee of property rights of landowners and interested parties. Third, there is a significant possibility that there will be a legal dispute or not consultation on the appropriate theory of compensation for loss between the landowner and the project operator who are deprived of property rights in the process of land expropriation for actual public projects. There is an opinion that public collection can be a serious infringement on private property rights in that property rights such as land of others are acquired for public interest and other welfare purposes. The main purpose of this paper is to derive public and judicial problems related to land expropriation and to find solutions to the extent possible. In particular, it is necessary to clarify whether the protection of the property rights of landowners who lose their ownership due to land expropriation can be protected in a way other than the payment of compensation for expropriation. In other words, by deriving an appropriate legal remedy for private ownership infringed by public utilities, we intend to find the right balance between public interest and private interest.

The Chinese resistance to land rights discrimination in Indonesia

Ethnic Chinese is the largest ethnic minority in Indonesia. However, ethnic Chinese is not entirely accepted by Indonesian society. For instance, ethnic Chinese experienced discrimination through the 1975 instruction, which prohibited land ownership in the only special region of Indonesia, namely Yogyakarta. This article aims to trace the ethnic Chinese response to the 1975 Instruction. By employing the historical method with a multidimensional social sciences approach. This research shows that historically ethnic Chinese who have experienced discrimination in land ownership rights in Yogyakarta since 1975 only started to carry out resistance in 1998. Resistance began to emerge and grew with increasing escalation due to factors in the political culture conditions that occurred in Indonesia generally and Yogyakarta especially. The resistance carried out divided into individuals and groups. However, both are categorized as open resistance. In the end, the Indonesian government needs to take serious steps to address the issue of racial discrimination in land rights before it escalates into conflict.

ARRANGEMENT OF FLATS OWNERSHIP RIGHTS BY FOREIGN NATIONALS AFTER THE OMNIBUS LAW

This research aims to know How the above Property Rights arrangement apartment units in agrarian Tree Law and Apartment Law. Besides, this article analyzes the legality of foreign nationals in unit ownership apartment buildings from the perspective of omnibus law, fundamental agricultural law, and law about apartment buildings. The research method used in researchers this tian is a normative juridical method. In implementation research, the problem will be assessed based on the applicable norms or laws. The research found that legal certainty regarding man the registration of land for the construction of flats cannot be guaranteed by the omnibus law and other technical regulations, such as government regulation number 18 of 2021 concerning Management rights, land rights, apartment units, and land registration. The cause of not guaranteed ownership of land rights by foreign nationals is that the rules that applied previously have remained the same.

ARRANGEMENT OF ABANDONED LAND IN INDONESIA

And in a country cannot be owned, controlled, and used freely by humans but is bound by the provisions stipulated by the government or the State as the ruler of general rights regulated by the State in the agrarian law. The granting of rights by the State in the form of certificates of land rights must be balanced with strict provisions on the obligations of the holder of land rights. Rights and obligations appear together. Rights and obligations arise at the same time. Although their nature is different and opposite, their existence cannot be separated. The State has experienced many difficulties in controlling the neglect of land rights, especially those with ownership certificates. There is much speculation by individuals or legal entities that make Land an object of investment, especially land with property rights, because it has a more substantial and fuller legal force than other land rights recognized by the State. It was not utilizing the Land optimally because it is used as an investment object, so it is neglected. Abandoned Land is a violation of the law, so the form of controlling abandoned Land is the principle of legal certainty. Law enforcement on abandoned Land is the personification of the State for law violators who are detrimental to the nation, State, and people of Indonesia. Private rights granted by the State are more substantial and fuller in terms of property rights granted by the State because of their nature regulated by law. The ambiguity of the norms governing the criteria for abandoned land results in the difficulty of the State being able to prove a land as abandoned Land. The State is still focused on controlling other primary land rights. This can be seen from the different criteria for controlling land ownership rights with other primary land rights when viewed from the arrangement. It is necessary to regulate abandoned Land, which is more emphasized in land laws and regulations under the principles of good legislation so that the State can implement it as a form of law enforcement. Whereas the purpose of the stipulation of abandoned Land is that Land that is not cultivated according to the granting of its rights can be used as an asset of the Land Bank and Land Reserves for the State to ensure an even distribution of optimization of land use, thereby creating prosperity for all Indonesian people.

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

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

Jewish-Bedouin relations in the late Ottoman Era, 1858–1914

ABSTRACT The complex relationship between Bedouins and Zionist pioneers in the Land of Israel during the late 19th and early 20th centuries evolved along two parallel tracks: conflict and cooperation. The former was a corollary of the sociocultural gap between the pioneers and the Bedouins and revolved by and large around the diametrically opposed views regarding land ownership rights and their implications (e.g. access to water, grazing). The latter was a result of the growing Bedouin realisation that the Zionist project was there to stay: the more the Jewish pioneers proved their determination to cultivate their lands and defend themselves the more they won Bedouin respect, or at least grudging acquiescence, which in turn evolved to wider recognition of the vast socioeconomic benefits of peaceful coexistence.

Restrictions on Land Ownership For Citizens by States Adhering to Pancasila Ideology, Islamism and Communism

Land is a necessity that cannot be separated in everyone’s life. The need for land continues to increase, but its availability is very limited. Meanwhile, the number of human growth continues to increase. So that almost all countries place land property as part of private law, but the ownership provisions are regulated by the state in public law. The focus of this research is to find out how the legal comparison of the boundaries of ownership of land rights and that of a country, by assessing the ideological values applied to a country, especially countries that adhere to Pancasila, Communism and Islamism. The aim of this research is to find the comparison of land ownership limits for every citizen who adheres to the ideology of Pancasila, Islamism and Communism, which prevails in a country. The research method used is normative legal research, which is a doctrinal research that examines the opinions of experts and legal documents or is also known as legal research.
 Keywords: Pancasila ideology; restrictions; Islamism; Communism; ideological values

Legal Protection of the Parties in the Transfer of Rights in the PPAT Sale and Purchase Deed (AJB) Against the Cancellation of Land Ownership Certificates in the Medan High Court Decision Number 280/PDT/2020/PT MDN

The purposes of this research are: To find out the legal protection of the buyer of land ownership rights after the cancellation of the certificate by the Medan High Court and to find out the responsibility of the National Land Agency for issuing certificates on the basis of the PPAT sale and purchase deed after the Medan High Court Decision Number 280/Pdt/2020/PT MDN . The research method used is normative juridical research with a statutory approach, then a concept approach and a case approach. The results of this study note that the legal protection for the buyer of land ownership rights after the cancellation of the certificate by the Medan High Court, that the issuance of a certificate on the basis of a deed of sale and purchase by a PPAT who is not authorized and exceeds the term of office is taken through a judicial process, if the deliberation process for consensus is carried out in outside the court using BPN as a mediator did not find an answer. As a general official, the PPAT has a code of ethics and knowledge regarding the authority to make the deeds. 2. BPN's responsibility for the issuance of certificates on the basis of the PPAT sale and purchase deed after the Medan High Court Decision Number 280/Pdt/2020/PT MDN, the issuance of certificates with deed of transfer of rights by an unauthorized PPAT regarding PP No. 24 of 1997 concerning Land Registration in the form of cancellation of certificates which were later issued by BPN, and as a vertical institution BPN is responsible for issuing certificates because those assigned the task of carrying out land registration activities

THE EFFECT OF ROOM LAYOUT FUNCTIONALITY ON USER NEEDS IN LIMITED ROOM AREA

Law No. 5 of 1960 concerning the basic basic regulations of Agrarian Affairs is the applicable law in Indonesia relating to the ownership of land rights, which stipulates several types of land rights to utilize land according to the purpose of its designation. The bedroom can have many functions as a room, not only for sleeping but for getting ready, studying, and even doing other activities. So that these problems have an impact on designs that have a limited area, but become an obstacle to being able to take advantage of the existing space. The impact of limited room space includes: limited activities, needs, and affects user psychology, so this problem becomes the goal to overcome a room that has a narrow/limited layout. The purpose of designing a room layout for the needs of this user is to provide a design by relying on accessories, openings, storage that are multifunctional so that they can create a neat, clean, spacious room, as well as a comfortable layout circulation. with a design method that emphasizes the comfortable side, multifunction, clear circulation, and safety can overcome problems in designing the layout of a narrow space, especially rooms.

From terra nullius to Indigenous collective land rights: cases before the Inter-American Court of Human Rights

Since 2001, the Inter-American Court of Human Rights has issued 14 sentences requiring the states to protect collective land ownership rights of Indigenous peoples and tribal groups that descend from the syncretism of Indigenous and African peoples. The objective is to assess the level of compliance of international responsibilities by offending states and the main difficulties that have hindered the process up to now. An initial set of typologies of the outcomes is presented, together with some general patterns concerning the challenges that remain for the effective legal protection of collective land ownership rights in Central and South America. Findings are based on the analysis of the documentation produced by the Court concerning these cases. Presently, Nicaragua is the only state that has completely fulfilled its orders.

How Urban Growth in the Global South Affects Agricultural Dynamics and Food Systems Outcomes in Rural Areas: A Review and Research Agenda

The urbanisation in the Global South provides opportunities for improved rural livelihoods in the vicinity of cities, but these opportunities do not automatically occur. The literature shows that urban expansion leads to more intensive land use around cities and a shift of production towards high-value products. However, competition for land around growing cities can lead to increasing socioeconomic vulnerability in affected areas, particularly for those who have no or weak land ownership or tenancy rights. Urban expansion can also have negative ecological consequences such as the extinction of wetlands and deforestation. In the current literature, there are very few studies to be found that comprehensively and simultaneously analyse the effects of growing cities on food security, equity, and the ecological impacts on food systems in rural areas. To better map and understand the consequences of urban growth for agricultural dynamics, rural livelihoods, and the environment, a three-track research agenda is proposed: comparative field studies that analyse farmers’ decision-making processes under increased competition for factors of production due to urban sprawl; the role of urban–rural connectivity, city size, and urbanisation patterns in agricultural dynamics around the city; and studies that analyse the socioeconomic and environmental effects of urban sprawl on agricultural development opportunities around cities.

Analisis Yuridis Kekuatan Hukum Sertifikat Hak Milik Atas Tanah Menurut Peraturan Pemerintah No. 24/1997 Tentang Pendaftaran Tanah Dikaitkan Dengan Putusan PN No. 242/Pdt.G/2020/PN Ambon

Introduction: The certificate is proof of the rights owned by the holder of land rights issued by the National Land Agency. Issuance of certificates in the context of land registration activities so that rights holders can make certificates as evidence to holders of land rights as regulated in Government Regulation no. 24 of 1997 concerning Land Registration.Purposes of the Research: This study examines the ratio decidendi of judges in making decisions on the PN No. 242/Pdt.G/2020/PN.Amb regarding the validity of the certificate of title to land to determine whether the judge's considerations are in accordance with the legal provisions regarding the ownership of applicable land rights. Methods of the Research: The research method used is normative research through a statutory approach and a case approach which refers to the ratio decidendi. The method of collecting legal materials used is a qualitative method.Results of the Research: Based on the results of the study, evidence has an important role as the basis for judge's consideration in making a decision. Certificates as evidence of rights can be declared invalid and canceled by a court decision that has permanent legal force when it is proven that someone's ownership of land rights has been violated. In the decision of the PN No. 242/Pdt.G/2020/PN Ambon, the judge ruled that the certificate owned by the defendant was legally flawed and had no binding legal force because the defendant could not prove the formal or material truth of the acquisition of the land rights.

ANALYSIS OF LAND OWNERSHIP DISPUTES IN THE KANJENGAN SHOPPING COMPLEX, SEMARANG CITY

The study aimed to determine and analyze the legal considerations of judges regarding the ownership of disputed land rights in the Kanjengan Shopping Complex and the legal status of disputed ownership of land rights in the Kanjengan Shopping Complex. The approach method used in this study is a normative juridical approach with a case approach. This research is a descriptive analysis. The data analysis method used in this study is a qualitative descriptive data analysis method. The results of the study stated that the judge’s legal considerations regarding land ownership disputes in the Kanjengan shopping complex included the Building Use Rights certificate owned by the Plaintiff, which had been issued by the National Land Agency following the applicable procedures and had complied with statutory provisions, namely Article 19 paragraph (2) of the Law No. 65 of 1960 concerning the Basic Agrarian Law juncto Article 32 paragraph (1) Government regulations (PP) No. 24 of 1997 concerning Land Registration juncto Article 1870 of the Civil Code in conjunction with Article 165 HIR where the HGB certificate is. The legal status of the ownership of land rights in dispute in the Kanjengan shopping complex is the legal owner/holder of land and building rights located in the Kanjengan Complex, Semarang, based on a Certificate of Building Use Rights and a Building Permit issued by the competent authority (Semarang City National Land Agency).

PENERAPAN AZAS GOOD GOVERNANCE DALAM PEMBATALAN SERTIPIKAT HAK MILIK BERDASARKAN PUTUSAN PTUN NO: 68/G/2019/PTUN-BDG

The problem that occurs is that there is a TUN Court decision which states that the authentic and strongest proof of ownership of land rights in the form of a certificate on land is canceled by a weak/underhanded proof of land ownership in the form of a letter of waiver of rights (SPH), the factor is related to BPN/Official The State Administration in issuing its products does not pay attention to AUPB / Good Gavernance then the next problem is the existence of obstacles in executing it by TUN officials and by the certificate owner by taking a silent attitude / not withdrawing the certificate which was canceled by the Court and blocking the land by the interference defendant to controlled by the plaintiff. The method used by the author uses normative legal research methods and data methods that use qualitatively the Bandung State Administrative Court decisions, etc. AUPB for TUN officials is a necessity in order to maintain the cancellation of certificates/decisions, this shows a lack of supervision to BPN TUN officials and lacks firmness in setting sanctions.
 Keywords : Good governance; Freehold Title; PTUN

Private ownership of land and rental agricultural land use

The article discusses issues of private property and rent of agricultural land use. Land policy in the field of agricultural land use in the post-reform period of the transition from the state and collective ownership of land to more individualized and sensitive structure of land ownership is not realized, the state "did not leave the land" and continues to rent unjustifiably large areas of productive agricultural land for short-term period of 3-5 years, provoking their depleting use, vicious practice of unwise consumption, encourages the excessive concentration of agricultural land for individuals to displace small and medium-sized agricultural business from agricultural production. It also attracts land speculators buying up agricultural land and creating the deficit in abundance; they are re-lease lands at a ten-fold rental payment, appropriating land rent owned by municipalities (rent in the regions of the Central Black Earth Economic Region exceeds the land tax calculated at an unreasonably underestimated tax rate of 0.3% by 60 times). The present-time land policy should focus on existing problems to ensure free access to land, protect the rights of land ownership, develop the land market, ensure environmental sustainability, and combat poverty. It is important to determine the current range of issues with which land policy must deal, highlight priority areas for improving it and organize the relevant activities of the state in the field of regulation of land relations.

TINJAUAN HUKUM TERHADAP PRINSIP NASIONALITAS DALAM JUAL BELI HAK ATAS TANAH

The principle of nationality adopted in the constitution on agriculture is fully enshrined in the Property Rights Regulation. Indonesian citizens who can have land ownership rights, while foreign citizens only have land use rights, then articles 1 and 2 of the constitution are thus complied with. The aim of this research is to determine the application of the nationality principle in the purchase and sale of fundamental rights and the effect of the nationality principle on the legal force in the purchase and sale of fundamental rights.The type of research used in this research is normative-empirical law, this research deals with the implementation or implementation of positive legal provisions and factual written documents about certain legal events occurring in society. The purpose of the assessment is to verify whether the results of the application of the law on legal facts are in concreto in accordance with the provisions of the legislation. Or in other words, whether the provisions of the legislation have been properly implemented so that the stakeholders achieve their goals or not. The results of the study indicate that the application of the nationality principle. The application of the nationality principle is an effort where the Indonesian people have full land rights in the Republic of Indonesia in accordance with the provisions of the law, while foreign citizens are not granted land rights in the form of property rights. Foreigners only have the right to cultivate, the right to build and the right of use. The legal force of the sale and purchase itself is in the deed of sale and purchase (AJB) where the deed of sale and purchase is proof that the fundamental rights have been transferred to the buyer who has bought the fundamental rights (property rights). The factor that then influences the legal force of buying and selling fundamental rights based on the nationality principle itself is whether the second party in this case the buyer is still a foreigner (WNA) which is an administrative defect and cannot be registered with the National Land Agency.

LEGAL PLURALISM IN THE SPECIAL DISTRICT PROVINCE OF YOGYAKARTA, INDONESIA

This study analyses the implementation of legal pluralism theory in a unitary state, such as the Republic of Indonesia, for historical and political purposes. The Special District Province of Yogyakarta, formally known as Ngayogyakarta Hadiningrat Sultanate, is one of the provinces whose territory and government have existed before Indonesia’s independence. When Sultan Hamengku Buwono led this province as the king, it significantly enjoyed many privileges within the Unitary State of the Republic of Indonesia, which apply to date. However, it is still possible to find discriminatory policies, especially in the agrarian sector, aimed explicitly at the Indonesian Chinese community due to the implementation of the Governor Instruction of 1975. As a result of this policy, the Indonesian Chinese are not entitled to land ownership rights in this region. This discriminatory policy serves as a window to explain how the social, cultural, political, and historical structures of Yogyakarta impact the implementation of the legal pluralism concept within the Republic of Indonesia. Historical and legal approaches within the socio-legal framework are used in this research.

Human Rights Protection in Land Acquisition for Public Interest

In theory, an increase in development activities increases the demand for land, particularly for public interest uses. Land acquisition for public interest must be done properly and transparently, and with due consideration to the respect for human rights of legal land ownership rights. Conflicts between the government and landowners have regularly arisen thus far as a result of the implementation of government policies in the purchase of land for the public interest. On the one hand, the State, as represented by the government, has the power to revoke land rights to lands that are not released by the owner or rights holder if it is urgently necessary for the public interest, but on the other hand, the State must respect the private rights of individuals to maintain their rights to land because the laws and regulations also provide protection for these rights.

Dilema Filosofis Implementasi Teori Hukum: Problematika Pemanfaatan Hak Milik Tanah antara Suku Adat Amungme dengan PT. Freeport Indonesia

The purpose of this study is to find out the initial cause of the conflict between the Amungme Papuan indigenous peoples and PT Freeport Indonesia. And to study legal theory as an academic effort to mediate the resolution of the conflict between the Amungme Papuan indigenous peoples and PT Freeport. Indonesia. The research method is a normative research through library research. The issue of the use of land rights between the Amungme and PT Freeport Indonesia is due to the different basic reasons used by each party to claim the disputed land ownership rights. The Amungme Indigenous tribe adheres to the legal theory of justice which is based on the inheritance of disputed lands which are considered as ancestral lands which automatically belong to the Indigenous Amungme tribe. Meanwhile, from the perspective of PT Freeport Indonesia, they rely on the Contract of Work and Agreement as a solid basis for claiming ownership rights over the disputed land based on the teachings of positivistic legal theory. The philosophical dilemma that occurs between the Amungme Indigenous People and PT Freeport Indonesia, in the author's opinion, can occur because of the basis for using the legal theory used. Through the analysis of the conceptual approach, it is hoped that it can provide answers to disputes by consolidation to find a middle way in the form of joint evidence from each party, then agree on the percentage of land that can be controlled by each party

A study of citizen preferences regarding legal land conflict resolution: The importance-performance analysis

This paper addresses the critical issue of land ownership in society, given the increasing conversion of undeveloped land into developed property. The indicators include land certificates, regulations on land ownership rights and use, regulations on land use, the presence of land brokers, and the existence of a task force for eradicating the land mafia. The main findings show that the type of land certificate, regulations on land use, and regulations on the use and rights of land ownership are currently performing well, while the task force for eradicating the land mafia had the lowest level of urgency, indicating a possible overkill. The study also highlights the need for serious consideration when eliminating brokers, as it can lead to the rise of brokers/land mafia. Additionally, the study indicates that the community’s readiness to seek legal aid for land disputes is directly proportional to the quality of law enforcement performance. Effective regulation and law enforcement are crucial in resolving land disputes to ensure the equitable distribution of land resources. The paper contributes to the ongoing discourse on land ownership and disputes and provides valuable insights for policymakers, landowners, and communities to develop effective strategies for resolving land disputes of land resources.