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Risda, Dianni; Nurdin, Encep Syarif; Ruyadi, Yadi

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2023 Prodi PPKn Universitas Slamet Riyadi

    This study seeks to provide argumentative information regarding the reality of obstacles, challenges, strategies, and efforts in shaping the character of bureaucrats who have good morals, as well as to rationalize the importance of using technology, information, and communication in public services. This research was carried out through a qualitative approach with literature study methods, data analysis, namely, reduction, display, and verification or conclusion. The results of the research are: 1) dynamic and complex obstacles and challenges, leading to the reality of bureaucratic competence, mental distortion of serving , the Industrial Revolution 4.0, as well as legal certainty, 2) strategies and efforts in shaping the character of moral, capable bureaucrats through education and training, increasing technology literacy, supervision programs, and policies on welfare, 3) in the modern era, the bureaucracy needs to optimize technological progress , information and communication, to be effective and efficient, to be agile and professional. So that the formation of bureaucrats with character is an alternative solution in overcoming the stigma and stereotypes about the world of bureaucracy which is seen as rigid, conventional, procedural and pragmatic, so that it turns into world-class governance and public services.

Nirwan Junus; Mutia Cherawaty Thalib; Nurul Fazri Elfikri; Suwitno Yutye Imran; Dolot Alhasni Bakung

Jurnal Pelayanan Hubungan Masyarakat 2023 International Forum of Researchers and Lecturers

Waqf is a waqif legal act to separate and or give part of one's property to be used forever or for a certain period of time in accordance with the interests of worship and or general welfare according to sharia. In order to avoid disputes and problems related to waqf goods or land and to clarify their legal status, waqf goods must be registered and certified. Waqf Land Certification is the process by which the National Land Agency issues Waqf Land Certificates after Nazhir submits a Waqf Land Registration. Article 39 of Government Regulation Number 42 of 2006 concerning Implementation of Law Number 41 of 2004 concerning Waqf contains provisions concerning registration of land ownership certificates, and Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 2 of 2017 concerning Procedures for Land Registration Waqf at the Ministry of Agrarian Affairs and Spatial Planning. Related to the importance of the legitimacy of a land, it often triggers legal problems, namely that land owned by the community has not been registered as a result of a lack of understanding of the importance of waqf land certification. Taking into account the legal issues above, the Community Service Team at the Faculty of Law, State University of Gorontalo carried out this community service activity as an effort to increase Community Legal Awareness Regarding Waqf Land Certification to Guarantee Legal Certainty..

Litha Febian Anggi Pratama; Erik Edwar Firdiyansyah; Sumriyah Sumriyah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Merger or in English it is called Merger is one of the methods carried out as part of restructuring in addition to various other forms. Merger is a new trend carried out by companies that are in the developing stage to develop a company to expand the company's target market. In carrying out a company merger, of course there is a company that is more dominant and stronger and on the one hand there is a company that is positionally weaker. So that the parties that carry out the merger are two companies that have dominance and a minority that are used to strengthen the company under one umbrella of business entity. If viewed from the financial aspect, the position is divided into two, namely majority shareholders and minority shareholders. . This of course results in unfair business competition so that in overcoming fair business competition in the financial aspect, legal protection must be given to weak parties in terms of Law No. 40 of 2007 concerning Limited Liability Companies, which UUPT provides legal protection minority shares stipulated in Article 37 Paragraph 1, Article 62, Article 126 with the aim of achieving usability, certainty and justice in accordance with legal objectives.

Adilah Rahman; Adisty Maharani; Anzira Sania Desivha; Reza Dio Wijatmika; Herli Antoni

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research examines more deeply the analysis of legal certainty for victims of Doni Salmanan's fraud in trading through an application called QUOTEX. In relation to the decision of the Bale Bandung District Court number 576/Pid.Sus/2022/PN BlB, in which the Panel of Judges gave a verdict of imprisonment and confiscation of assets owned by the defendant generated through trading by utilizing his victims for profit and the assets were confiscated by the state. However, in the verdict there was no decision at all to provide compensation to the victim of Doni Salmanan's fraud, in this case the element of legal justice for the victim was not fulfilled by this decision. However, the aspect of legal certainty for the victim is very strong so that the defendant gets a death sentence and a fine for his actions. The legal certainty in question is a guarantee that the law is carried out properly in processing the rights and obligations of the defendant for his crime. Material law as an element of legal certainty has been carried out and linked to various laws and regulations relating to the case. Law No. 8/1999 on Consumer Protection for the losses suffered by the victim as a consumer, Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions because the case involved electronic networking devices, and Law No. 8/2010 on the Prevention and Eradication of the Crime of Money Laundering because in the prosecution the defendant was deemed to have disguised his wealth generated through criminal acts.

Rahmadi Indra Tektona; Moh. Ali; Anang Suindro

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

In general, there are laws that provide protection to banks as lenders to obtain repayment of their debts when the debtor is in default, this is stated in Article 1131 of the Civil Code which reads: "All assets of the Debtor, whether movable or immovable, whether existing ones or those that will be in the future become dependents/guarantees. Debtor's assets, both movable and immovable, both present and future will become dependents/guarantee for their debts. One of the characteristics of the UUHT is that it is easy and certain to execute, which means executing the mortgage certificate. must be carried out but can still provide legal certainty for interested parties, in this case, the auction seller, auction buyer and auctioneer. Therefore, in carrying out executions based on parate execution, it must be able to provide convenience and legal certainty for all interested parties.

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Farid Hardianysah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Ramadani Dimas Pamungkas; Deandra Myana Rahayu; Syafa Nabila Azzahra; Fadia Amanda Pertiwi; Hany Nurpratiwi

Journal of Creative Student Research 2023 Pusat Riset dan Inovasi Nasional

The objectives of the National Agrarian Law are in line with the objectives of the 1945 Constitution of the Republic of Indonesia as the legal foundation for the formation of the UUPA, namely "to protect the entire Indonesian nation, promote public welfare, educate the nation's life, and participate in carrying out world order based on freedom, eternal peace." and social justice”. Before there were clear rules governing land issues, many land conflicts occurred. One type of conflict that often occurs is between the state and the community regarding Nation Land Tenure Rights representing the public interest, and then private property ownership, which then results in social inequality that arises in society. social. In the compensation paradigm itself, it tends to mean that the holder of land rights has experienced a loss prior to the release of his land for public use. Presidential Decree No. 55 of 1993, Presidential Decree No. 36 of 2005 and Presidential Decree No. 65 of 2006 contain many weaknesses and are repressive in nature which harm land rights owners. Various cases of community welfare land acquisition development show various problems that arise in the implementation process. With the promulgation of Law Number 2 of 2012, the government is trying to correct deficiencies in the previous laws and regulations regarding land acquisition for public purposes. Compensation for Land Acquisition Since the promulgation of Law Number 2 of 2012, the government has assessed the value of compensation for each plot of land, including land, space above ground and basement, buildings, plants and land, for public purposes; and/or other things that can be assessed as Loss. The amount of compensation determined by the appraiser based on the results of the assessment becomes the basis for negotiating and determining losses.

Muhamad Khamal Akbar Rahmadan; I Made Sarjana

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

The research was conducted for the sole purpose of knowing the legality of establishing a foundation as a legal entity operating in the social, religious, and humanitarian fields, in this case the foundation was founded by foreigners. This research uses a method with normative research in addition to legislation is used as an approach, in addition to facts and conceptual analysis used as an approach in this research method. The results of the study indicate that the legali ty of the establishment of a foundation by foreigners in Indonesia has now been determined in Law Number 28 of 2004 concerning Amendments to Law Number 16 of 2001 concerning Foundations where foreigners in this context have more opportunities to set up a foundation. Regulations on foreign foundations are related to their establishment which are further emphasized in Government Regulation Number 63 of 2008 concerning the Implementation of the Law on Foundations as an implementing regulation that provides legal certainty to foreigners in establishing a foundation. as well as the nation, and the State of Indonesia.

Ayu Lintang Priyan Andari; Miftahul Hasanah; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The problem of land is a problem that stems from the current needs of the community both for residential use, business or for community livelihoods such as to grow vegetables. In Indonesia, the regulation of land or agrarian has only existed since 1960, namely by bringing up the Basic Agrarian Law (UUPA). In the UUPA It has been stipulated that legal certainty regarding land can only be legally recognized by registering the land and obtaining a certificate of title to the land. Then there is a PP regarding land registration, namely PP No. 24 of 1997. Before the issuance of the UUPA in 1960, the community had a Letter C from the village as proof of ownership of land rights. Even today there are still people who still hold the Letter C as proof of ownership. This is what researchers will discuss about the validity of Letter C which is still used by some communities related to old evidence of ownership of land rights. In assessing the validity or not of a Letter C, it is necessary to understand what are the legal requirements of a decision

Iis Ariski; Irkhamna Kamalia; Fatikha Nur Nafi Ul’umam; Chanun Nida’ Nabiqoh

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Indonesia is a constitutional state, in which every behavior of the Indonesian people must be based on the laws set by the government. In addition, of course, as an Indonesian citizen, he must know his status in this country. Because basically every Indonesian citizen has the same right to obtain guarantees and legal certainty in every action. After knowing the importance of citizenship, of course, what is no less important is knowing immigration law. Because citizenship law and immigration law have an interrelated relationship in the legal system in Indonesia. The purpose of the research that the authors conducted was to find out the nature of citizenship and immigration in the Indonesian legal system. The research method used is the library method, in which researchers use sources from various books, journals and other sources of literature.  

Harry Kurniawan; Riduansyah Riduansyah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In Aceh Province, the Religious Court is called the Sharia Court, each district or city has its own Sharia Court office which is located in the district or city. As stated in Law Number 3 of 2006 concerning amendments to Law Number 7 of 1989 concerning Religious Courts that: "The Religious Court is located in the capital of the district or city and its jurisdiction covers the district or city area. This research is based on field research. The purpose of field research is to intensively study the background of the current situation and the interaction of the environment of a social unit; individual, group, institution or community. The results of the study are that community participation in the implementation of the circuit court in divorce cases at the Tapaktuan Sharia Court is very high, there are even several special requests from the community for the implementation of the circuit court for several cases, especially divorce cases and the influence of the circuit court in the social life of the community is the emergence of awareness for the community that the termination of a marriage relationship is very important to obtain legal certainty.

Yulies Tiena Masriani; Suryoutomo, Markus; Saryana

Jurnal Suara Pengabdian 45 2023 LPPM Universitas 17 Agustus 1945 Semarang

Land is fixed, does not change, so that land has a promising investment value for most people, this is due to the tendency for the price or selling value of land to continue to increase. The need for housing for the community has increased the sale and purchase of land, the process of legality in land certification has become crucial and needs to be understood carefully. Actualization of community service through outreach regarding land law in Ngadirgo Village, Mijen District, Semarang City has the aim of increasing knowledge of understanding and knowing the importance of land registration and increasing knowledge of understanding and knowing the benefits and functions of land registration. The socialization uses power point presentation media by dividing the method into 4 main components, namely: the lecture method, the interactive discussion method, the consultation method, and the evaluation method. With the socialization related to land law, the people of Ngadirgo Village, Mijen Sub-District gained adequate insight and understanding so that later they can take care of land certification independently so as not to cause problems in the future. The land certificate bleaching program is also one of the main topics related to the socialization of land law as an effort to provide legal certainty and legal protection of community land rights based on the principles of simple, fast, smooth, safe, fair, equitable, and open and accountable so as to increase the welfare and prosperity of the community. and the country's economy as well as reducing and preventing land disputes and conflicts.

Christiadi Yanuar Saputro

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Criminal provisions in a statutory regulation are certain doses or remedies as a means of achieving the formulated goals. The purpose of this article is to examine and analyze the inconsistency of the material content of the criminal provisions against the formulation of the objectives of legal certainty in the Law of the Republic of Indonesia No. 3 of 2020 concerning Mineral and Coal Mining. The research method uses a normative juridical method. Secondary data in the form of primary legal data on laws and regulations related to the criminal provisions of the Minerba Law is elaborated so that the adequacy of the content of the criminal provisions is able to test the clarity of the objectives of legal certainty. The results found that there were inconsistencies in criminal provisions as a means of achieving goals in the formulation of guaranteeing legal certainty. The application of Article 162 of the Mineral and Coal Law is subjective and tends to criminalize members of the community around mineral and coal mining. This fact proves that the objective of legal certainty is objective, ambiguous with subjective criminal means. The main article of criminal provisions in the Minerba Law is Article 158 which is systematically constructed with Article 35. Basically, the criminal provisions are used as the legal regime for licensing in the strategies and techniques of government control and control in the mineral and coal sector.

Berliana Adinda Ayu Puspita

The International Conference on Education, Social Sciences and Technology 2022 International Forum of Researchers and Lecturers

Sales and purchase agreements that occur electronically between sellers and buyers create online buying and selling. Internet and social media users in Indonesia, online E-Commerce businesses are increasingly growing. E-Commerce is business activities involving consumers, manufacturers, service providers and intermediaries using computer networks, namely the internet. E-Commerce users are also of various ages, because there are many conveniences when shopping online, just open the desired E-Commerce application, choose the items you buy and the goods arrive as desired within a few days. The increasing number of online buying and selling has indirectly influenced changes in legal regulations. The rules that apply in Indonesia are still unclear regarding electronic buying and selling. This is due to the fact that the conditions necessary for the validity of an electronic agreement have not been specifically regulated. The aim of this research is to determine the validity of electronic contract agreements in E-Commerce transactions in terms of civil law. In this research, normative research methods were used. This method involves processing data from legal regulations and applying rules or norms as the basis for research. Research results Electronic documents are binding and recognized as valid evidence to provide legal certainty regarding the operation of electronic systems and electronic transactions, especially for proof and related to legal actions carried out through electronic systems

Hery Kurniawan Zaenal

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

Bina Eradany

Public Service And Governance Journal 2022 Universitas 17 Agustus 1945 Semarang

The land registration process requires certainty of the physical data of the land object as well as certainty of the juridical data of the land subject as well as the party providing information regarding the truth of land ownership. The certainty of physical data and juridical data will determine the quality of the certificate product and guarantee against lawsuits from other parties who feel they own the land. Participation will be realized if the community has an understanding of the greater benefit value if their land is registered and certified. The formulation of the research problem includes: how is the conversion of land rights regulated and what are the legal consequences of the conversion of land rights. The type of research used is normative legal research. The conclusions of this research include: Regulation of conversion of land rights, including Law no. 5 of 1960 was promulgated on September 24 1960, which marked the formation of the National Land Law. One of the objectives of the promulgation of Law no. 5 of 1960 laid the foundations for establishing unity in Land Law

Tubagus Andri Purnama; Yohanes Firmansyah; Anna Maria Tri Anggraini‬; Elfrida Ratnawati Gultom; Imam Hartanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Legal certainty can be reached by good and explicit principles in a legislation, as well as its application. Investment requires legal certainty as well. On April 26, 2007, the Investment Law No. 25 of 2007 was enacted. This legislation was enacted to replace Law No. 1 of 1967 on Foreign Investment and Law No. 6 of 1968 on Domestic Investment. There are eleven factors that serve as benchmarks for gauging a country's ease of doing business. One of the indications is related to the resolution of investment conflicts, or in this case, contract enforcement and bankruptcy proceedings. According to the Doing Business 2019 report, Indonesia ranks 73rd (seventy-three) in terms of ease of doing business. Indonesia's EoDB ranking remains distant from the aim of entering the world's top 40 (forty) ranks. This is due to the fact that, among other things, dispute resolution in Indonesia still has various issues, including basic regulations, the trial procedure, and decision implementation. Meanwhile, affordable, fast, and simple conflict resolution facilities are required in the corporate world (according to EoDB indications). The results of this descriptive analytical research utilizing a normative juridical approach reveal that there is no implementing regulation of Law Number 25 of 2007 concerning Investment, which focuses on discussing investment disputes, therefore there is no strong legal certainty in investing in Indonesia. Furthermore, there are several issues concerning the resolution of bankruptcy cases, some of which stem from regulations, namely Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, some of which can result in certain interests, the length of the bankruptcy court process, and legal certainty following the bankruptcy decision. A breakthrough or update that can support EoDB is required, one of which can be done in the field of investment dispute resolution, particularly connected to contract enforcement and bankruptcy case settlement, by creating implementing regulations and updating associated regulations.

Sudarto Sudarto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2022 Pusat Riset dan Inovasi Nasional

Electronic registration of land certificates has been implemented by the Government through the Kementerian Agraria dan Tata Ruang / Badan Pertanahan Nasional (ATR/BPN). However, certificate owners often doubt the legal force of electronic certificates, especially their validity to be used as evidence in court. This study examines specifically the juridical review regarding legal certainty obtained by the owner of an electronic land certificate. The research uses a normative juridical approach, with secondary data in the form of legal materials, primary, secondary and tertiary legal materials. Based on research, electronic certificates have a strong legal basis and have legal force as proof of rights to ownership and utilization of land. Thus, the owner of the certificate gets legal certainty in the form of protection of his land asset rights.

Nirwan Junus; Karlin Z. Mamu; Dian Ekawaty Ismail; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa +5 more

Jurnal Pengabdian Kepada Masyarakat 2022 Pusat Riset dan Inovasi Nasional

The problem of land ownership in Buntulia Village is influenced by the lack of knowledge and awareness of the community about land ownership rights because of the total population of 549 families, 463 people have not registered their own land. This of course raises a fairly basic problem by the village government to be resolved. Therefore, in this downstreaming, the service team provides understanding and legal knowledge to the community about the importance of registering property rights and providing assistance to the community together with the Land Agency through the Border Marks Post Community Movement (GEMA PATAS) in order to increase community participation in installing boundary markings, making it easier for BPN officers to take measurements, as well as being able to accelerate the government program on Complete Systematic Land Registration. Thus the community could see the importance of legalizing property rights to the land in order  to avoid disputes and thereby give legal certainty to the parties.