Jurnal Advokatura Indonesia

Legal Certainty of Evidence on Land in the Administrative System Land Registration in Indonesia

Andri Wahyudi — 2022-04-08

Land is essentially one of the main assets for the Indonesian people in achieving state goals. Land is a main element in development towards the formation of a just and prosperous society based on Pancasila and the 1945 Constitution. One of the principles of the rule of law is the guarantee of legal certainty, legal order and legal protection, which contains the values of truth and justice, by providing guarantees and protection of the rights of citizens. including the implementation of policies in the form of systems and services in the land sector. The regulation of services in the land or agrarian sector is through Law Number 5 of 1960 concerning Basic Agrarian Provisions. The purpose of the promulgation of the LoGA as the goal of national Agrarian Law is contained in the General Elucidation of the LoGA. The formulation of the problem in this research is how is the legal certainty of proof of land rights according to Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration? and How is the public and administrative service system at the Ministry of Agrarian and Spatial Planning (ATR)/National Land Agency (BPN) in issuing proof of land rights as proof of ownership of land rights? The research method used is normative juridical research which is supported by empirical, this type of research is analytical descriptive. The data used are secondary data and the data analysis technique used is the deductive method. The results show that legal certainty of evidence of land rights according to Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registrations can be applied in an effort to settle objects of land rights disputes. In the public service system related to the implementation of land registration activities as proof of ownership of Land Rights, there are 8 (eight) types, namely: Registration of deeds; Registration system; Torren System (Torren Act); Publication System; Specialty system;system Cadastre rechts (cadastral rights); Bookkeeping system; and the registration system for the transfer of rights and encumbrances.

Analysis of the Crime of Using Land Without the Right Permit Or His Proxy According to Law No 51/PRP/1960 Article 6 Paragraph 1 Connected with Decision Number 349/PID.C/PN Indramayu Year 2007

Karli Karli — 2022-04-08

Occupying/pessesing a piece of land is obtained through a personal struggle to persist in life and living. Based on that view, what known as the land’s eigendom is the compiled. This right service as the basis for regulating land law order which comprises how to respect and protect one’s acquirement to a piece of land as a result of hard, tough high risk struggle. The description above showed that a basic view highly determines the rules of law that among others concern on how the land’s meaning in relation to a person’s possesion. The law in society can be achieved if the law is acceptedand recognized by the society due to its benefits for the person individually as well as the society in general. The work of a criminal act of a land’s use without a legitimate permission from the rightful owner or his attorney is a violation to: article 6 Section (1) Of Act No.51/Prp/ 1960 which include elements as follow: whosoever occupy a piece of land; without permission from the rightfull owner or his legitimate attorney. Based on the above background, the writer has formulated and issue identification in this research as follows; What is to use without a permit according to the law no. 51/Prp/1960 can do efectif way of occupying a piece of land’s, What is the execution implemented by the judge in the verdict of no number 349/Pid.C/2007/PN Indramayu. The research method in this thesis is using the method of research normative juridical and analyzed deccriptively through library and field research and elaborated.

Legal Consequences for Notaries/PPATs on Cancellation of Deed of Sale and Purchase of Land

Muhammad Irayadi — 2022-04-08

Notary is a public officer who has the authority to make an authentic deed and other relevant authorities, it is regulated under Law No. 30 of 2004 concerning Notary Office as amended by Law No. 2 of 2014 concerning amendment to Law No. 30 of 2004 concerning Notary Office. While, Land Conveyancer is a public officer who has the authority to make Deed of Land Sale and Purchase which regulated under Government Regulation No. 24 of 2016 concerning Amendment to the Government Regulation No. 37 of 1998 concerning Regulation of Land Conveyancer (“hereinafter referred to as the “PPAT”). Deed of Sale and Purchase which made and signed before Notary/PPAT proved that it is true that a legal action to transfer rights over the land including payment of transaction price have been made, also evidencing that the right’s receiver or the purchaser has been the new right’s holder which have the evidence of such land ownership. Principle issue of this thesis is What is the Legal Effect to the Notary/PPAT in relation to the annulment of deed of sale and what is the role of the Notary/PPAT in relation to the annulment of deed of sale. The research method used by the researcher is juridical normative, which focusing on analyzing norms in the positive law, which principally sourced from secondary law material with 3 approach which is Statute Approach, Case Approach, and Conceptual Approach. The results show that the legal consequences of a Notary/PPAT on a deed canceled by the Court are null and void, can be canceled and the strength of proof is degraded. Further, in the annulment of the Notary/PPAT’s deed, the Notary/PPAT has the role to presenting back the parties and to notify the verdict which has full legal force; to delete the Notarial Book which provided in the Notary/PPAT’s office.

Penal and Non Penal Efforts In Combating Environmental Crimes

Titiek Guntari — 2022-04-08

Besides being beneficial for the welfare of the community, development can also have an impact on the environment, such as pollution and environmental damage. Development has a long-term goal, not only for the current generation but also for generations to come, so development must be sustainable, for that we must look at environmental sustainability in a harmonious and balanced manner. In order to preserve the environment, it is necessary to have legal instruments, so that in Indonesia Law number 32 of 2009 was issued concerning the protection and management of the environment, one of which regulates criminal provisions, although there are already legal instruments and many cases of environmental crimes have been resolved. but there's still a lot that can't be done. In this research, the problem is how penal and non-penal legal efforts are carried out to tackle environmental crimes. The approach method used in this study is a juridical normative approach, the type and source of the data focuses on secondary data, primary data is more supportive. Data collection techniques by conducting library research, equipped with field research. The data analysis was carried out qualitatively. The results show that the prevention of environmental crimes can be done through the penal route which focuses on the repressive nature after the crime has occurred and the non-penal route focuses on the preventive nature. Combating environmental crimes by means of criminal law begins with legislative policies, namely starting from criminalization, formulating the purpose of punishment and determining appropriate and rational types of criminal sanctions, while the non-penal route aims to overcome conducive factors that cause environmental crimes, for example the industrial sector. by using proactive technology that is environmentally friendly (clean technology), with amdal, environmental quality standards, etc.

Eksistensi Asas Pembangunan Berkelanjutan dalam hal Pengakuan dan Penghormatan kepentingan Desa pada Proyek Strategis Nasional (study case Konflik Desa Wadas)

Punta Yoga Astoni — 2022-04-08

One of the National Strategic Projects in the past few months has been the construction of the Bener Dam, a type of stone fill, which was built in Guntur Village, Bener District, Purworejo Regency, Central Java. In the implementation of this National Strategic Project in the field, there were obstacles or rejection by the residents of Wadas Village. Wadas Village should not be the location for the construction of the Bener Dam but the problem occurred due to the rejection of andesite rock mining by some residents of Wadas Village which is one of the areas used by the government to mine andesite rock for the material needs of this project. The conflict that has arisen shows that there are differences in the development paradigm between the state and its people. Social conflicts are always portrayed only from the national interest, but are rarely placed with the approach of local wisdom originating from the village. National Strategic Projects should have a sustainable development view. Development that does not only look at the economic side but must also pay attention to the ecological potential in it that must be preserved. This ecological potential exists in Wadas Village. This ecological potential is a deposit of wealth which is not actually a dam which in the process of construction does not show the principle of sustainability and respects the local wisdom of Wadas Village. The paradigm for the public interest in terms of development planning cannot be applied simply because in the public interest there is an interest and need for local wisdom of the community which should be recognized and maintained by the state as a form of respect for the village as a pillar of a social entity that existed before the existence of the State of Indonesia.