Publication Search

One of the development efforts within the national development framework, the government/government agencies/institutions at every level carry out development authority for the Public Interest. Based on the concept of the State's Right to Control, the Government, on behalf of the Land State, has the absolute right to regulate, determine and determine land rights for the sake of realizing the welfare of the people. On the other hand, the government has an interest in acquiring land for the public interest. In this research, a juridical study was carried out on what is the state's right to control land in land acquisition for public purposes? And what is the government's authority to acquire land for public purposes? The aim of this research is to determine the state's right to control land for the public interest and to find out what the government's authority is in acquiring land for the public interest. The method used in this research is the Normative Juridical method, namely comprehensively reviewing the legal aspects of statutory provisions related to the settlement of compensation for land acquisition for the public interest. In this research, it was found that the State is only limited to regulating, determining and determining the allocation of land rights, and in procuring land for the public interest, the government or agencies using land as development objects are obliged to provide compensation in accordance with the value determined by the assessment team.

This study examines the implementation of policies for the recognition and protection of the indigenous law community in Kampung Kuta, Ciamis Regency. A qualitative approach was employed, gathering data through in-depth interviews, observations, and document analysis. Thematic analysis identified key issues, and triangulation ensured validity by cross-referencing multiple data sources. A central finding is the ongoing conflict between customary laws in Kampung Kuta, which support communal land ownership, and national land regulations that emphasize individual land registration, leading to legal ambiguity and disputes. The study reveals substantial challenges, including inadequate socialization by the government, which has resulted in limited awareness within the indigenous community regarding their rights. Furthermore, limited financial and human resources impede effective implementation, while bureaucratic inefficiencies and poor coordination among implementing agencies have delayed policy outcomes. To address these issues, it is essential to improve resource allocation, conduct regular community workshops to enhance understanding of indigenous rights, and establish a legal framework that harmonizes customary and national laws. Strengthening local authorities and aligning policy objectives with the cultural context of Kampung Kuta are also critical steps. These measures are necessary to safeguard indigenous rights and preserve Kampung Kuta’s cultural heritage, fostering a sustainable model for indigenous rights protection in Indonesia.  

and the results of managed land, whether land in the form of agricultural land, plantations or homestead land as a place to live. However, to date, problems related to land continue to occur and in fact the number continues to increase, starting from ownership rights, cultivation rights, control rights and land issues that arise due to dual ownership where both have certificates for the land. The National Land Agency (BPN) is an institution that was specifically formed to resolve land issues in Indonesia with the hope that people will have legal certainty and legal force over the land they own so that it does not cause new problems in people's lives. By using normative juridical research, the results of this research found that BPN has a central role in realizing certainty, justice and benefits for land managed by the community. So BPN plays an important role in solving land problems and at the same time providing solutions to the problems above. The conclusion of this research is that making BPN a mediator in land disputes before they go to the legal realm is the best solution to obtain legal certainty and resolution of land disputes experienced by the community.

This study aims to analyze land tenure conflicts in Bontula Village, Gorontalo Regency, and evaluate the implementation of the Land Reform Object (TORA) scheme in resolving these conflicts. The conflict arises from overlapping land ownership claims between local communities and the government, often exacerbated by a lack of socialization and policy transparency. A qualitative approach was used, with in-depth interviews, participatory observation, and document analysis. Data was collected from 30 respondents, including local communities, village officials, and stakeholders such as the BPN and KLHK. The findings show that most of the Bontula community is unaware of the TORA scheme, leading to difficulties in claiming land rights. Although the TORA scheme has the potential to improve community welfare through land legalization, its implementation faces challenges due to inadequate coordination and transparency. The study recommends increased socialization, transparency, and active community participation in TORA implementation to reduce conflicts and achieve the desired outcomes.

Because there is a shift in the meaning of belis from a cultural tradition to something that is considered a burden and burdensome for men as the party who gives belis, this also causes the giving of belis to not be carried out in full before the marriage takes place. So from this it is very good to examine if the belis is not fully implemented whether the heirs' rights for the heirs will be obtained. Rather than this, this study uses an empirical legal research method by using a conceptual approach. Where the source of data for this research is obtained through primary data obtained through the results of interviews, observations and documentation. Secondary data is obtained through applicable laws and regulations. The data source is then analyzed with description techniques and legal discovery techniques in the field. The result of this study is that if the marriage status of the belis that has not been paid in full in Hambraping village, then the man will be obliged to prepare land and land for the woman who is in the village which is usually called Laku Longgamai which means that the woman is not allowed to visit the man's house and is only allowed once a month if the woman returns to her biological parents' house,  It is also not allowed to stay overnight and stay overnight.

Land issues in Indonesia show complex dynamics due to legal vacuum and legal loopholes in the applicable land law system. This condition is exacerbated by the weakness of implementing regulations of the UUPA which are unable to respond to developments in the era, thus opening up space for land mafia practices and overlapping development policies. This legal vacuum impacts violations of community rights to land, environmental degradation, and the failure to realize optimal legal protection. The study uses a normative legal approach based on secondary data from literature studies to analyze the urgent need for land law reform. The findings reveal the need for the land law system renewal to create stronger protection of community rights and ensure a sustainable development direction by environmental conditions.

The crusades are a part of history that has been passed through in religious life. For reasons of fighting over religious property rights and there are hidden reasons, namely political and economic. This research uses qualitative methods with library research by collecting various sources, data, and also trusted internet sources. This writing aims to find out the impact of the crusades on Islam and Christianity.  

Problems arise when the seller and buyer have died while the land that is the object of the sale and purchase is controlled by a third party. The formulation of the problem is as follows: 1) How is the validity of a land sale and purchase statement above the seal in the transfer of land rights? 2) What are the legal considerations of the panel of judges in the Pati District Court Decision Case Number 7 /Pdt.G/2023/PN. Pti.? 3) What are the legal consequences for the parties to the Pati District Court Decision Case Number 7/Pdt.G/2023/PN. Pti ? This study used a normative legal research approach. The data analysis used was a qualitative approach to secondary data as the main and primary data as supporting data. The results of the study show that the validity of the land sale and purchase statement letter above the seal in the transfer of land rights can be seen from the fulfillment of two requirements; general and special requirements. The legal consideration of the panel of judges in the Pati District Court Decision Case Number 7/Pdt.G/2023/PN.Pti. is that the Defendant's actions in controlling a plot of land recorded in the Village Book C Number 870, Plot Number 24 Class D1 covering an area of 270 M2 located in RT 002 RW 005 Tunjungrejo Village, Margoyoso Sub-District, Pati Regency are against the law. The legal consequences for the parties to the Pati District Court Decision Case Number 7/Pdt.G/2023/PN.Pti is that the Plaintiff has the right to control a plot of land as recorded in the Village Record Number 870, Plot Number 24 Class DI Area 270 M2, located in Rt 002 Rw 005 Tunjungrejo Village, Margoyoso Sub-District, Pati Regency, and the Defendant and the third party were ordered to vacate the land belonging to Ah Djumadi or his heirs which was the object of the dispute.

In the current era, land is a basic need that is extremely important and meaningful in human life, particularly as a place to live, work, farm, or conduct various economic activities. With the rapidly growing population, the demand for residential land is also increasing. The population growth that is not matched by land availability creates significant pressure in the property market, leading to the development of new housing and settlements, both in urban and suburban areas. However, due to the increasingly limited availability of habitable land, this often triggers intense competition among individuals or parties with vested interests in obtaining land rights. The desire to own land has become very strong, as nowadays, land is not only used as a residence but also as a valuable resource. This often causes land disputes where the parties involved feel disadvantaged, either due to overlapping ownership, unclear land status claims, or differences in land use allocation. Due to the increasingly complex issues, the Land Office of Kediri City provides an alternative solution for boundary dispute resolution, namely mediation. This practice is an effort to resolve land conflicts peacefully and efficiently. Land disputes are becoming more complex and prolonged, often involving the government, businesses, and local residents. Moreover, land-related issues are frequently associated with unclear administration, weak law enforcement, or differing interpretations of existing regulations. As a result, not only does it impact the individuals involved, but it can also affect social and economic stability in a region. To address these issues, a more structured and transparent approach to land distribution and management is required. The government and society must work together to ensure fair and clear land distribution and provide wise solutions to disputes based on the principles of social justice. Mediation offers a more flexible approach compared to litigation by prioritizing dialogue among disputing parties. In this context, mediation helps alleviate tensions and create mutually beneficial solutions, enabling faster and more cost-effective processes. This study analyzes the effectiveness of mediation practices in reducing the number of disputes brought to court and assesses public perceptions of this resolution method. The results show that mediation can increase the satisfaction of the parties involved and promote stability in land ownership.

Indonesia, as a rule-of-law state (rechstaat), regulates the life of the nation and state based on law, as reflected in the provisions of civil law that govern relationships between individuals, including matters of inheritance. Inheritance distribution in Indonesia follows various legal systems, such as Islamic inheritance law, civil inheritance law, and customary law, each with different principles and rules. Inherited assets include a wide range of properties, such as movable and immovable assets, property rights, debts, money, businesses, and wills. In practice, the distribution of inheritance in Indonesia often involves an administrative process requiring a Certificate of Inheritance Rights (Surat Keterangan Hak Waris or SKHW) to verify who is entitled to inherit and the share each heir is entitled to receive. This study aims to educate the public, particularly customers of Bank Rakyat Indonesia, about inheritance law and the procedures involved. Additionally, the research highlights the crucial role of notaries as Land Deed Officials (Pejabat Pembuat Akta Tanah, PPAT) in the legalisation of inheritance ownership, particularly concerning the management of land certificates and other legal documents. Through community service conducted at the Bank Rakyat Indonesia (BRI) branch in Central Semarang, this study educates the public on inheritance rights and the role of notaries in ensuring the legal validity of inheritance distribution in accordance with applicable laws. Indonesia's plural inheritance law system provides flexibility in choosing the applicable legal system, whether Islamic law, civil law, or customary law. In the case of disputes, notaries play a role in resolving conflicts by creating peace agreements, cancellation deeds, or waivers of claim deeds. This study is expected to help the public better understand inheritance law and the role of notaries in ensuring that inheritance rights are distributed fairly and legally in accordance with the prevailing laws.

Indonesia, as a country with a pluralistic legal system, faces challenges in harmonizing customary law and state law, particularly in resolving disputes over customary land that involve traditional values of indigenous communities. This study aims to analyze how customary values are integrated with state law through a case study of court decision Number 94/Pdt.G/2022/PN Jap. The research employs a qualitative approach with content analysis techniques applied to court decision documents, supported by relevant literature reviews. The findings reveal that the court in this case not only applied positive legal norms but also considered relevant customary aspects, including the legitimacy of indigenous leaders and the recognition of communal land rights (ulayat). The panel of judges issued a decision that accommodated customary values in accordance with Article 18B paragraph (2) of the 1945 Constitution, while still adhering to the formal procedures of state law. This study identifies challenges in integrating customary law into the national legal system, such as the lack of formal regulations related to customary courts and the limited understanding of legal officers regarding local cultural contexts.

This study analyzes the impact of Government Regulation in Lieu of Law (Perppu) No. 2 Year 2022 on Job Creation, particularly in the plantation sector, on the rights of Masyarakat Hukum Adat (MHA). The initial purpose of this Perppu was to increase investment through simplification of regulations and acceleration of licensing, but the formulation of existing norms and regulations can threaten the existence of MHA. This research is a normative research and uses a legislative approach by analyzing primary and secondary legal materials, and using John Rawls' Theory of Justice and Mochtar Kusumaatmadja's Theory of Development Law. The results show that there are significant changes in the application of Perppu No. 2 Year 2022 on Job Creation compared to Law No. 34 Year 2014 on Plantations, including changes in land area limitations, elimination of environmental permits, and elimination of criminal sanctions related to permits and the environment. The implications of the implementation of this Perppu are that it exacerbates the marginalization of Indigenous Peoples, ignores customary rights, and causes overlapping land tenure, as well as ecosystem and environmental damage. This research suggests several strategic steps: accelerating the inventory of customary land and the granting of customary rights certificates, requiring MHA to be involved in every stage of decision-making through FPIC mechanisms, and passing a special law for MHA. Investment policies should also focus on sustainable development with stricter environmental standards than at present.

Land as the wealth of the Indonesian nation must be utilized for the greatest prosperity of the people. To achieve this utilization, land consolidation needs to be carried out as an effort to increase the utility and results of land use and to align individual interests with the social function of land in the context of implementing development. Land is the basic capital for development and supports the running of the economy, there is almost no development activity that does not require land. Land plays a very important role, even determining the success or failure of a development. The nature of this research is descriptive, the results of this research are expected to obtain a factual picture or description of the land consolidation policy towards the re-arrangement of land ownership and use in Tanjung Sena Village, Sibiru-Biru District, Deli Serdang Regency, where the objects of land consolidation are land, residential buildings, dry land such as oil palms and fields, and village roads. Land consolidation as one of the efforts to increase the utility and results of land use. Land utilization needs to be implemented in the form of land regulation, control, and management. The use and utilization of land is carried out by re-arranging, partnership efforts, transfer and release of land rights in accordance with applicable laws and regulations. In the framework of land use management, guidance and control are carried out. Guidance is carried out through the provision of guidelines, guidance, training, and direction, while control is carried out through supervision such as supervision, reporting and regulation. The implementation of the regional spatial planning design is not always effective in the field, some people still assume that land rights are absolute rights, meaning rights that cannot be violated against land even though land rights contain social functions, land can be used by anyone as long as legal procedures have been taken, especially if the prospective land user is the state and is used for public interest.are fun for children such as singing, storytelling, role playing and involving parents in learning at home.

This research is aimed at examining how to protect the rights of indigenous peoples from several practices through a review of legislation. Regulations on customary law communities have long been regulated in Indonesian law, including the constitution. However, overlapping regulations due to conflicts of interest between the government and investors hinder the protection of their rights. Governments are often involved in land and natural resource grabbing, known as land grabbing and green grabbing. This practice triggers complex conflicts that are detrimental and ignore the rights of indigenous peoples. The conflict is rooted in the government's negligence in drafting harmonized rules that should really protect customary law communities.

The increasing need for land has made land purchase and sale agreements more and more occurring. The sale and purchase agreement made by agreement must be carried out on the principle of clear cash. However, in practice, there are still many buying and selling that are not in accordance with the principle of light cash and the principle of Nemo plus juris as the principle of land registration. Problems regarding the sale and purchase of land that are not in accordance with procedures, not in accordance with existing principles and even not carried out in front of the authorized officials, namely the Sub-district Head and PPAT, still occur in Fatukoa Village, Maulafa District, Kupang City, resulting in legal uncertainty and land rights on the land object being traded. Uncertainty about the law. The type of research used is empirical legal research, and the data sources taken are primary data, secondary data and tertiary data. The population and samples taken are: 2 sellers, 2 buyers, heirs and the community. The sample used is the saturated sample technique where all members of the population get the same opportunity. The results of the study show that: (1). The authority of the sub-district head in making a letter of release of rights is contained in article 131 Paragraph (3) of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 concerning the Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. Regarding land that is sold and sold without using a PPAT deed, it must be done at the sub-district where the land is located, applicants who want to make SPPHT must follow the existing procedures and procedures starting from the agreement of both parties, the readiness of documents, the creation and implementation of SPPHT, registration to the signing and submission of the land rights release letter. (2) Public awareness of the existing regulations The level of public awareness of fatukoa is still very low. The public really does not understand the importance of registering land rights and the implementation of buying and selling with existing procedures with PPAT deeds or with letters under hand, namely the release of land rights. The factors that hinder the legal awareness of the community in Fatukoa Village are education factors and economic factors.  

The purpose of this study is to determine the legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe, and the legal consequences of the decision No. 27/Pdt.G/2019/PN Soe. The benefit of this research is to contribute to the development of knowledge in general legal studies and specifically in agrarian law, particularly in the context of the control of western lands that have not yet been converted according to the provisions of the Basic Agrarian Law. This research is a type of normative research. The results of this study show: (1) The legal status of the eigendom verponding land No. 1 AAN after the decision No. 27/Pdt.G/2019/PN Soe is valid and has binding legal force because it has been registered and ratified by the Regent of Timor Tengah Selatan, Drs. C Tapatab, on July 27, 1979, as a representative of the Directorate General of Agraria. (2) The legal consequence of decision No. 27/Pdt.G/2019/PN Soe is that nothing can be executed because the judge declared the case inadmissible (Niet Ontvankelijke Verklaard - NO), meaning the substance of the case cannot be examined, but the plaintiff was ordered to pay court fees amounting to IDR 5,811,000 (Five million eight hundred eleven thousand Rupiah). The author's recommendation is that the public should keep and document all land ownership-related documents, that plaintiffs or heirs should file a new lawsuit so that the substance of the case can be continued, that the government should ensure legal certainty in every process of acquiring ownership rights, that the Timor Tengah Selatan Regional Government should issue a final Regional Regulation related to land law, and that judges in the PN Soe Court should dig deeper into the information to resolve the dispute regarding the eigendom verponding land No. 1 AAN.    

Thanks to rapid technological advances, it is increasingly easier to provide services to the public. One example is the electronic land certificate service. The time and costs of registering land certificates can be reduced by using the latest technological methods. The research method used by the author is a statutory approach and normative research methods. The research results show that significant technological progress can be made by digitizing the current paper-based land registration system. One of them is the issuance of electronic certificates as regulated in Regulation of the Minister of ATR/Head of BPN No. 1 of 2021 because the Electronic Transaction Information Law and the Job Creation Law only regulate electronic certificates, this electronic certificate is legal and the risk of causing problems is very small. Technology supporting the use of electronic land title certificates is developing rapidly and is now very useful. As an institution that provides electronic services in the land sector, BPN not only improves data quality control, but also continues to improve electronic services with professional staff. The implementation of land title certificates still has shortcomings in terms of infrastructure, equipment, human resources and electronic data quality.

This research examines in depth the implementation of agrarian law in the Indonesian national legal system with a focus on aspects of regulation, administration and socio-economic impacts. This research examines various basic problems in the implementation of the Basic Agrarian Law (UUPA), such as land conflicts, administrative systems, protection of the rights of indigenous peoples, as well as challenges in agrarian reform. The method used is normative juridical with a comprehensive socio-legal approach. The inquire about comes about appear that there's a critical crevice between the existing legitimate system and its execution within the field, particularly within the viewpoints of arrive organization, law requirement and assurance of community rights.  This research identifies the need for systemic reform in national land management, modernization of the administrative system, and strengthening institutional capacity to create a more effective and just land system.

The transfer of land ownership certificates is an important legal process in Indonesia's land system, regulated by various laws and regulations, such as the Basic Agrarian Law and its implementing regulations. The procedure for transferring ownership certificates begins with a legitimate sale and purchase transaction, followed by registration with the National Land Agency (BPN). However, in practice, obstacles often arise, one of which is when the seller's whereabouts are unknown, which can hinder the process of transferring land rights. In this situation, the buyer can take various legal actions, including filing a civil lawsuit in the District Court to obtain a court ruling confirming the legal transfer of rights, or submitting a request for a decree to the Administrative Court (PTUN) if BPN rejects the application for the transfer of land rights. The perspective of the PTUN legal procedure explains that the buyer can challenge the BPN decision if it is deemed contrary to the law or the principles of good governance (AUPB), with sufficient evidence to support their claim. In this case, PTUN plays a role in providing justice and legal certainty for the aggrieved party. Therefore, even when the seller’s whereabouts are unknown, through the appropriate procedures and legitimate legal actions, the buyer can still acquire ownership rights over the land purchased.

This study explains the effect of changes in citizenship on land tenure rights in agrarian law. Using qualitative analysis and interviews, the research found that changes in citizenship status often lead to shifts in land ownership rights. Current agrarian law is considered not fully responsive to these dynamics, so reform is needed to face the challenges of globalization and international mobility.