Usufructuary Rights Research Articles

Analisis Yuridis Hak Menguasai Negara melalui Izin Pemakaian Tanah (IPT) untuk Kepentingan Umum

Provision of land is an obligation of the State in line with the concept of the right to control land by the State. In principle, the state has the authority and also the obligation to carry out equitable designation and utilization for the community as the fulfillment of human rights. The phenomenon regarding Land Use Permits (IPT) has apparently not provided legal protection for the land users because at any time the land can be revoked by the Government because there is no strong basis for rights regarding control over Land Use Permits (IPT). The formulation of the problem used by the author is the status of land ownership rights by the State through IPT for the public interest. The research results of this writing are that the public interest is an act in the form of granting permission from authorized officials in terms of land use which is called IPT. However, it should be remembered that the use of IPT cannot be interpreted as a transfer of management rights to land or usufructuary rights to state land because the granting of a Land Use Permit is inherent in the aspect of public interest in which the provision of land is for the wider community.

KEPASTIAN HUKUM JAMINAN HAK TANGGUNGAN ATAS SERTIFIKAT HAK PAKAI DI ATAS HAK MILIK PERORANGAN TERKAIT PENOLAKAN PEMBIAYAAN OLEH PERBANKAN.

Seeing the increasing focus on the economic sector, it requires a guarantee rights institution that is able to provide legal certainty. In the UUHT, land rights can be made into mortgages, property rights, business use rights, building use rights and use rights over state land, while PP 18 of 2021 explains usufructuary rights can be used as collateral for mortgage rights. In the phenomenon that occurs, usufructuary rights over individual rights experience rejection by the banking system when they are used as collateral for mortgage rights. Based on these problems, the formulation of the problem is how to implement guarantees for usufructuary certificates over individual property rights related to refusal of financing by banks and how legal certainty guarantees mortgage rights over usufructuary certificates over individual property rights related to refusal of financing by banks. The theory used is Legal Certainty from Gustav Radbruch and Satrio's Guarantee Law Theory. The method used in this study is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials, supported by interviews. The research approach used is the statutory approach, conceptual approach, analytical approach and case approach, and legal material collection techniques are carried out by identifying and inventorying positive legal rules, literature books, journals and other sources of legal materials. For technical analysis of legal material, it is carried out by means of legal interpretation (interpretation) of grammatical interpretation and systematic interpretation and methods of legal construction. The results of research on usufructuary rights on individual land cannot be encumbered with mortgage rights, this makes it ambiguous between the UUHT and PP 18 of 2021. There needs to be an affirmation in PP 18 of 2021 as well as the guarantee of usufructuary rights so that they can be in line with UUHT

Implications of Nominee Agreement between Foreign Nationals and Indonesian Citizens

Control over land in Indonesia is positively regulated for Indonesian citizens and for foreign citizens, but only specifically in the form of usufructuary rights and lease rights, but there are still many foreigners who want to have ownership rights to land which is certainly contrary to positive law in Indonesia secretly, namely by using a nominee agreement or name borrowing agreement. So, this study aims to analyze how the validity of nominee agreements in Indonesia compares with other countries (Singapore, Thailand, the Philippines, Malaysia, England) and how to resolve cases of nominee agreements involving notaries with parties involved in Indonesia. The research method used in this research is a normative legal research method. The results of this discussion analysis are first, nominee agreements are completely unknown in the Indonesian legal system, especially in Indonesian contract law, so that it can be said to contain empty meanings/empty norms, because nominee agreements can be categorized as law smuggling. Second, the legal consequences for a Notary involved in making a nominee agreement to smuggle the law, the Notary is required to be held accountable for his actions before the law, namely by being legally annulled and punished to pay for losses made without revocation of the position of Notary. So that the government needs to make a regulation that regulates nominee agreements, especially related to land rights and the Indonesian government follows the steps of the Thai and Philippine governments which specifically prohibit all forms of nominee borrowing practices by adding provisions in the Basic Agrarian Law. There is also a need for more commensurate sanctions for Notaries involved in law smuggling.

Implications of Ownership Certificates that Overlap with Business Use Rights Certificates

ABSTRACT Land title certificates are a form of legal certainty provided by the state to its people in relation to land ownership, but legal issues are still common regarding these land title certificates, such as overlapping with other land title certificates and frequent overlaps. with a usufructuary certificate. So that the purpose of this research is to analyze how the position of certificates of ownership rights overlaps with certificates of cultivation rights and how is the legal protection for the ownership of certificates of ownership rights which overlaps with certificates of cultivation rights. The method used in this research is a normative research method. The results of this analysis are that first, the position of ownership certificates with overlapping usufructuary rights means that there is no power and does not provide legal certainty, because the purpose of someone carrying out land registration is to obtain a certificate as a perfect means of proof. Second, the government provides preventive legal protection where before issuing a State Administrative Decree, in this case, the National Land Agency will issue various kinds of announcements intended to give the public the widest possible freedom of information. So that the National Land Agency must be more careful and more selective in carrying out land registration for land rights that will carry out registration and for the community so that they can optimize the use of land owned so that it is not used by other irresponsible parties.

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.

VILLAGE GOVERNMENT POLICIES IN RESOLVING LAND REGISTER CONFLICT

Land is a necessary area in socio-economic life. This study aims to determine the village government's policy in resolving land registration conflicts and village government policies in resolving land registration conflicts. The research is normative legal research using two approaches, namely the empirical juridical approach and the normative juridical approach. The results indicate that the village government's policy in resolving land registration conflicts is a village government policy submitted by the National Land Agency for land conflicts that have been granted usufructuary rights by the village government. The policies taken by the National Land Agency are not by the procedures and mechanisms stipulated in the Regulation of the Minister of Agrarian Affairs Number 9 of 1999, concerning procedures for the use of state land, as well as residents occupying land registers, were not used as an object in the formulation of policies and procedures for handling land registration conflicts. The village government is only a 3rd party, namely an intermediary. Procedures for handling land conflicts in the register include: submitting a complaint to the BPN, completing files, collecting authentic data, conducting the mediation, changing data, submitting old judges, and issuing legal co

The Issues of Land Tenure in Mixed Marriage

One of the problems in mixed marriages of different nationalities is joint property. Most mixed-married couples do not make property separation agreements because they are unaware that the Marriage Law governs them. The absence of a marriage agreement results in a mix of assets, which means that foreigners own half of the joint property. The provisions in the land law/ UUPA state that foreigners are prohibited from having land rights except for usufructuary rights and rental rights. This study applied the normative legal research method with a statutory and case-based approach. This study showed that if mixed marriage actors did not have a property separation agreement, Indonesian citizens' land rights ownership status was equal to that of the foreigners. Second, jurisprudence still required a separation of properties in mixed marriages. The agreement could be made before, during, or after the marriage. Third, marriage institutions could conduct legal smuggling to obtain land rights in Indonesia through borrowing names (nominees), usually carried out in an unregistered marriage.

NOMINEE AGREEMENT: A SOLUTION FOR FOREIGNERS TO CONTROL LAND IN BALI

The purpose of this study is to find out the legal basis of the nominee agreement and to find out the nominee agreement that is used as a solution by foreigners in controlling land in Bali. This research method uses the type of empirical legal research. The legal basis for the nominee agreement is Article 21 and Article 26 of the Basic Agrarian Law (BAL). In addition, there are also other legal bases, namely Articles 1320 and 1313 of the Civil Code. Juridically, the nominee agreement cannot be used as a solution by foreigners to control land in Bali. Land tenure that can be taken by foreigners is with usufructuary rights and rental rights.

HUKUM WARIS ISLAM: SOLUSI AKHIR UNTUK KETIMPANGAN SOSIAL TERHADAP PEREMPUAN

When a person passes away, most of his rights, according to Islamic law, are given to his heirs and representatives. All property rights, usufructuary rights, and other collateral rights are included in this transferrable right. The Islamic system of inheritance features a broad distribution plan centered on a larger familial circle. The work that must be accomplished for each of the parts determines how they differ from one another. However, there is significant discrimination against the social roles of women. Therefore, a woman's inherited share becomes significant if she is granted the ability to use that portion.

Ijarah Collaborative Service Model in Sharia Banking

Ijarah is a contract for the transfer of usufructuary rights over goods or services, through payment of rental wages, without being followed by a transfer of ownership of the goods themselves. The context of ijarah in Islamic banking is a lease contract in which a bank or financial institution leases equipment to one of its customers based on a definite predetermined cost. The research method is qualitative with a comparative study approach. Data collection techniques include observation, documentation, and deep interviews. The object of this research was carried out in the Yogyakarta area. The findings of the ijarah case presented in this study indicate that the services created jointly by customers, service organizations (Islamic banks), and assisting parties divide their roles into sub-roles assigned to individuals. This research provides a basic understanding of the development of a sharia service model, which can complement the current IFM to holistically capture both economic transactions and service elements, which are currently prevailing in the Islamic banking market.

Sociological and Philosophical Study of Ijārah and Ijārah Muntahiya bi Tamlik

Mu’āmalah is a matter that is constantly evolving following the progress of the times, including the ijārah contract and the ijārah muntahiya bi tamlik contract. It is necessary to study sociological and philosophical perspectives to obtain a deep meaning regarding the contextual aspects. This research was normative research that examines the norms and principles of Islamic law as well as developing doctrines that are relevant to the theme of the study. The approach was a conceptual approach which intended to analyze the concepts in Islamic law to find out the meaning. Ijārah is a contract for the transfer of usufructuary rights over an item or service and ijārah muntahiya bi tamlik is a lease agreement with the option of transferring ownership rights. The legal basis of the ijārah agreement and the ijārah muntahiya bi tamlik was found in the Qur'an, Hadith and several regulations. Sociological studies of the ijārah and ijārah muntahiya bi tamlik contracts include that the ijārah and ijārah muntahiya bi tamlik aim to facilitate humans in carrying out their lives and can synergize with each other to meet the needs of life. And containing orders to fulfill individual rights can also bring prosperity and peace to those who implement it. From a philosophical point of view, it contains values sourced from the Qur'an and hadith in the form of values of justice and universal principles and has the goal of benefiting mankind and avoiding harm.

The Right on Land for Foreigner and Foreign Legal Entity Tourism Investasion Perspective, Participation and Nominee Practice Prevention

Bali is one of the national cultural heritages, which is endlessly praised in various essays and research results, then becomes a reference and promotion as an exotic island that inspires the rise of world tourism. Tourism encourages investment in hospitality, restaurants, transportation, trade, property, the creative economy sector and others. Investment, changing the function of agriculture into hospitality and transforming the work of farmers into services. Major changes in the mind-set of rural farmers to urban services. This change is not accompanied by a significant expansion of public participation, because tourism is concentrated in capital due to legal limitations that favoring on investors. The government is trying to make corrections, through the following steps, namely: (1) through ASEAN economic cooperation, Indonesia-Australia bilateral cooperation (IA-CEPA) and other countries, (2) deregulation in the fields of investment, land by granting usufructuary rights over land; and (3) encourage community participation through agrarian reform. These steps are important means, as a trigger for the awakening of the awareness of the basis of national economic development which Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, determines that "The economy is organized as a joint effort based on the principle of kinship". The constitution requires collective ownership of a company, mutual benefit. The national economy is designed as a joint effort based on the "family principle", in the form of cooperatives, which put the emphasize on the element of participation rather than the concentration of capital. Article 2 of the Bacis Agrarian Law (BAL) constitutes the implementing regulation of Article 33 paragraph (3) of the 1945 Constitution, explaining the control of natural resources by the state, namely "Earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people Article 33 paragraph (4) The national economy is organized based on a democratic economy based on the principle of togetherness, so conceptually it can be formulated that community participation in provision of Foreigner Housing is a form of empowerment, recognition of community rights in efforts to improve community welfare and as mandates for the implementation of the 1945 Constitution of the Republic of Indonesia, Articles 42 and 45 of the BAL in granting usufructuary rights to foreigners/ Foreign Legal Entity.

The proprietary rights status of the apartment units held by foreign nationals in Job Creation Law

The objective of this research is to examine how the polemics of the proprietary rights of apartment units are provided by the government for foreign nationals who temporarily reside in Indonesia to encourage the improvement of investment, especially in the property sector. This research employed normative-juridical methods by conducting library research involving books, journals or scientific articles, internet media, and statutory approach involving Law No. 20 the year of 2011 regarding Apartment Units, the Law on Job Creation. This research has learned that the Proprietary Rights granted by foreign nationals staying in Indonesia refer to property rights to own apartment units or apartment unit spaces, excluding the land underneath based on land rights, namely Proprietary Rights, Building Rights, and Usufructuary Rights. Granting the status of Proprietary Rights means that the foreign nationals who obtained apartments have the same rights as Indonesian citizens do. The ownership status of Property Rights is granted to foreign nationals. The government in its program of providing apartments for the Low-Income Communities (LIC) should also give legal certainty to the communities. Due to the large number of investors entering Indonesia, it is feared that procurement of apartments for the LIC will be marginalized by the construction of Apartments special for foreign nationals. Therefore, the government should determine which areas may be allowed for foreign nationals’ ownership, where in fact the expansion of this proprietary status is an implication of the economic sector for business interests in the property sector.

KEABSAHAN PERJANJIAN PINJAM NAMA ANTARA WARGA NEGARA ASING TERHADAP WARGA NEGARA INDONESIA

This study aims to analyze the legal provisions in the regulations regarding the nominee agreement and the form of sanctions given to the notary making the nominee agreement deed that is contrary to the UUPA. This type of research is normative juridical and the approach method used is the statutory approach. The results of this study are that the nominee agreement between foreign citizen and Indonesian citizen does not meet the objective requirements for the validity of the agreement, because it does not contain a lawful cause. This is because this agreement was made to do things that are prohibited by law. Foreign nationals do not have ownership rights to land in Indonesia, but only have usufructuary rights to land. This has been regulated in Article 42 of the UUPA. In relation to the notary making the deed of the nominee agreement which is contrary to the UUPA, then administratively, the notary has violated article 16 paragraph (1) letter d of the UUJN, so that it can be subject to sanctions in the form of verbal warning, written warning, temporary dismissal, respectful dismissal, or dishonorable dismissal.

CONSEQUENCES OF LOSS OF COMMON PROPERTY RESOURCES IN THE SELECTED BLOCK, DINDIGUL DISTRICT OF TAMILNADU

Common property land resources include grazing ground, community pasture, village forests and woodlots, and village sites, on which the villagers have legal usufructuary rights; these land resources also include all another land formally held by the panchayat or a community of the villages (NSS 54th round). For a collection of data of common land resources de jure and e facto approaches were considered. Forest land resources which are under the jurisdiction of the forest department was also considered as poor dependent rural communities are directly or indirectly dependent on the forest for livelihoods. From the report of NSS 54th round, it is observed that 15% of India’s total geographical area substantially forms a part of common land resources. Consequences of loss of common property resources and depletion of common property resources resulted largely because there was no private cost for using these resources. Privatization of common property resources in the arid zone has invariably meant the conversion of common property resources land into cropland.

Kehidupan Sosial Migran Madura di Desa Kintamani Tahun 1982-2018

This study examines the Madurese community. The aim is to then find out the driving and pulling factors of Madurese migrating to Kintamani, knowing the sectors that Madurese are involved in, and the implications of Madurese migrants for the local community. The study uses historical methodology such as historical explanations. The result of this research is that the beginning of the migration of Madurese people, only a few Madurese immigrants who were in Kintamani, gradually as time went on the Madurese grew. Then Madurese can be accepted in Kintamani due to a factor when Madurese, who only a few come to Kintamani, participate in fighting for the village to give prizes in the form of land as usufructuary rights to Madurese and are only subject to funds according to the area obtained per family. Madurese people work in the field of business in general as traders and over time the Madurese community in Kintamani has grown and those who have succeeded already have permanent houses in Kintamani village.

Gender, Productive Resources and Agricultural Development in the Urban Area

Abstract The Nigerian society is a patriarchy society where men dominate over women most especially in access and control over productive resources and decision-making process. This limitation often has negative impacts on food security; most especially in urban areas where more than half of the world’s population now dwells. This study aimed at documenting the experiences of urban women farmers in accessing critical agricultural productive resources. The study engaged both quantitative and qualitative methods in designing the research. Multistage sampling technique was used to select 250 respondents, and information was elicited through the use of questionnaire, Key Informant Interview (KII), and Focus Group Discussion (FGD). The study revealed that the urban female farmers in the study area have inadequate access to critical agricultural productive resources and are still making use of crude and traditional implements in their various agricultural activities. Likewise, through usufructuary rights, in reference to access to land the urban status quo is gradually weakening the patriarchal nature of the society.

Analisis Hukum Pemberian Hak Guna Bangunan Di Atas Tanah Hak Pengelolaan Dari Pemerintah Daerah Kabupaten Deli Serdang kepada PT. Kawasan Industri Medan (Persero)

PT. Medan Industrial Area (Persero) is a state-owned enterprise engaged in industrial estate management services. PT. Medan Industrial Estate (Persero) as management rights holder can submit parts of the land to third parties according to the requirements of management rights holders which cover allotment, use, time period, and compensation with provisions for granting land rights to third parties, especially building usufructuary rights. on land management rights carried out by authorized officials based on legislation. The problem raised in this study, namely how the legal provisions for granting management rights over land from the Regional Government of Deli Serdang Regency to PT. Medan Industrial Area (Persero), the implementation of the surrender of parts of the land from PT. Medan Industrial Area (Persero) to third parties, especially the building rights for land management rights, and the accountability of PT. Medan Industrial Area (Persero) for the management of land rights granted by the Regional Government of Deli Serdang Regency

PEMILIKAN RUMAH TINGGAL UNTUK ORANG ASING YANG BERKEDUDUKAN DI INDONESIA

The Basic Agrarian Law prohibits foreigners from having property rights, the law does not close the opportunity for foreign citizens and foreign legal entities to have rights over land in Indonesia. Foreigners can have rights to land in Indonesia, that is, only with usufructuary rights, not other types. Foreigners are only allowed to own property in the form of a residential or residential unit in the form of flats (apartments), regarding the legal certainty of ownership of a residential or residential house by foreigners who are domiciled in Indonesia regulated in Government Regulation of the Republic of Indonesia Number 103 of 2015 concerning Ownership of Houses Living or Occupancy by Foreigners Domiciled in Indonesia, especially Article 2 paragraph (1) which states that foreigners can own a house for residence or residence with usufruct rights. The problems discussed in this thesis are How to Arrange and Procedure for Residential Ownership for Foreigners Domiciled in Indonesia and How the Role of Notaries in Owning Residential Foreigners Domiciled in Indonesia. The results of the study explain the Arrangement and Procedure of Residential Ownership for Foreigners Domiciled in Indonesia. Property ownership in Indonesia is currently regulated in Government Regulation Number 103 of 2015 concerning Ownership of Residential or Residential Homes by Foreigners Domiciled in Indonesia, the regulation emphasizes that foreign nationals can only exercise use rights and lease rights over property in the form of a house / occupancy. in Indonesia. The Role of Notary in Owning Residential Foreigners Domiciled in Indonesia, especially in the Jakarta area, on average do not meet the provisions stipulated by law, Notary and PPAT play a more role as someone who facilitates and makes it easier for foreigners to own land and a house to live in. Indonesia through the practice of a nominee agreement which is a legal smuggling

Wild rice protectors: An Ojibwe odyssey

On the eve of New Year 2019, the White Earth Band of Ojibwe in Minnesota adopted a Tribal law recognising the intrinsic rights of wild rice. The article intends to explore the many struggles that this Native American community had to endure in the defence of their way of life and of the resources and territories on which they rely. The three `fights' that punctuated this complex ecological controversy will consequently be analysed, looking firstly at Ojibwe’s crusade for access to wild rice based on court cases over off-reservation usufructuary rights from the early 1970s to 1999, before exploring the Tribe’s effort to challenge appropriation of wild rice in the first decade of the 21st century, in the context of scientific and private attempts at patenting and genetically modifying the plant. The final section discusses the innovative legal strategies recently deployed by Ojibwe to retain control over wild rice against the backdrop of Enbridge Line 3 pipeline and the considerable environmental risks that such project represents. Eventually, this investigation provides an eloquent illustration of the role that legal creativity can play in the defence of indigenous communities’ threatened ecologies.