Jaminan Kepastian Hukum Yang Terkandung Dalam Sertipikat Hak Atas Tanah

Ramadhani, Rahmat

doi:10.31219/osf.io/6tzes

Cited by 8 publications

(9 citation statements)

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“…The discussion is based on various literatures in the form; books, documents and statutory regulations as well as references relating to the Right to Own Land by the State. Cohen quoted by Marzuki said "in legal research there are several approaches used, namely: statutory approach, conceptual approach, analytical approach, comparative approach" hysterical approach, philosophical approach, case approach (Ramadhani, 2017). The problem approach is to make an approach with the results of empirical theoretical study by looking at differences in opinion of experts, writers and studies of laws and regulations relating to the issue of land tenure rights by the state.…”

Section: Methodsmentioning

confidence: 99%

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Right to Own Land by the State in the Frame of Constitutional Law

Zainuddin

2021

Rand. Inter. Social Sci. J.

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The right to control the state over land should be able to achieve the greatest prosperity of the people as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Unitary State of the Republic of Indonesia. It is important to discuss the problem of the meaning of the substance of the right to control land by the State based on the 1945 Constitution. and what is the right to control land by the state based on regulations in the framework of constitutional law so that land for the greatest prosperity of the people can be achieved. The research method used is the normative juridical legal research method. The results show that the right to control land by the state within the framework of constitutional law is still very far from being burned, so that the prosperity of the people, one of which can be achieved through proper management of land controlled by the state, has not been able to achieve people's happiness as adhered to by the theory of utilitarianism law and more. continued as stated in the 1945 Constitution and the Basic Agrarian Law applicable in Indonesia.

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Section: Methodsmentioning

confidence: 99%

“…Legal certainty is closely related to the feeling that a person feels safe and comfortable, because legal certainty provides certainty regarding all doubts, uncertainties and human fears. In addition, studies on legal certainty are closely related to studies of its legality (Ramadhani, 2017).…”

Section: Randwick International Of Social Sciences Journalmentioning

confidence: 99%

Right to Own Land by the State in the Frame of Constitutional Law

Zainuddin

2021

Rand. Inter. Social Sci. J.

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“…Does land simply disappear without legal certainty? Land registration aims to provide the public with legal certainty through land registration certificates, creating a feeling of security in individuals [12].…”

Section: Natural Disasters and Damaged Land In Indonesiamentioning

confidence: 99%

Compensation for Damaged Land: Comparative Study between Indonesia and Japan

Sari¹,

Yamin²,

Purba³

et al. 2021

Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

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Indonesia and Japan regulate compensation for damaged land differently, especially in land expropriation process. This article aims to compare compensation concept of damaged land in Indonesia and Japan to get better understanding of the differences, similarities, and consequences. Using qualitative descriptive approach, rules and regulations that apply in Indonesia and Japan are compered. Land acquisition for development for the public interest is regulated by Law Number 2 of 2012. In land expropriation, the state provides appropriate compensation for the parties involved. In context of land acquisition, there is no compensation for damaged land. Law Number 24 of 2007 concerning Disaster Management mandates the government to oversee disaster management that accommodate compensation for damaged land due to natural disaster. In Japan, land expropriation will not happen unless landowners are appropriately compensated. Regarding compensation value, Japan has superior regulations compared to Indonesia. Japan uses consensus to determined compensation while Indonesia uses single value determined by public appraisal. However, Indonesia has special regulations for damaged land. Therefore, if damaged land is used for the public interest, landowners will not receive compensation through land acquisition procedures but rather through disaster management procedures.

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“…In order to create legal certainty for land rights, a strong legal foundation is needed (Ramadhani, 2017). However, land regulations and dispute resolution or land cases in Indonesia are still deemed unclear to provide legal certainty for the Indonesian people, especially during the Covid-19 pandemic and the new normal era, so it is necessary to refine regulations related to land case resolution which includes several basic principles.…”

Section: Introductionmentioning

confidence: 99%

Opportunities and challenges for the Badan Pertanahan Nasional (BPN) in handling land cases in the new normal era

Ramadhani

Lubis

2021

LJIH

Self Cite

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During the Covid-19 pandemic and the new normal era, it became a separate challenge in resolving land cases by the National Land Agency (BPN). This condition is an opportunity as well as a challenge for the Ministry of ATR/BPN in carrying out its duties as an authorized official in its field. This writing uses legal research methods according to normative law. This type of research used in this writing is library research. Based on the results of the research, it is known that the settlement of land cases by the BPN is currently carried out based on Regulation Number 11 of 2016 as an effort to guarantee legal certainty and justice related to control, ownership, and use of land. One of the steps taken was mediation to reach an agreement, a peace agreement based on current events made mediation mandatory for the parties. That the opportunities and challenges for the BPNin resolving land disputes in accordance with the objectives of the new standard will be changed by the BPN. For this reason, it is necessary to conduct an assessment of opportunities and challenges for them. The Ministry of ATR/ BPN in solving and handling land cases in the new normal era like now.

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Jaminan Kepastian Hukum Yang Terkandung Dalam Sertipikat Hak Atas Tanah

Cited by 8 publications

References 0 publications

Right to Own Land by the State in the Frame of Constitutional Law

Right to Own Land by the State in the Frame of Constitutional Law

Compensation for Damaged Land: Comparative Study between Indonesia and Japan

Opportunities and challenges for the Badan Pertanahan Nasional (BPN) in handling land cases in the new normal era

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