Universalising colonial law principles on land law and land registration: the role of the <i>Institut Colonial International</i> (1894)

Malaspina, Elisabetta Fiocchi

doi:10.1080/01916599.2022.2073680

History of European Ideas

2022

DOI: 10.1080/01916599.2022.2073680

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Universalising colonial law principles on land law and land registration: the role of the Institut Colonial International (1894)

Elisabetta Fiocchi Malaspina

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Cited by 2 publications

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“…and so on, so that it finally arrives at the Grundnorm". (Malaspina, 2022)According to Hans Kelsen, "the norm is tiered and layered in a hierarchical arrangement, where a higher norm applies, originates, and is based on a higher norm, and so on in the end this 'regressusbasic' stops at the mostnorm. This is called the basic norm (Grundnorm) which can no longer be traced to who…”

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Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018

Saleh

Wibowo²,

Yeremia³

2022

yurisdiksi

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Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.

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confidence: 99%

Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018

Saleh

Wibowo²,

Yeremia³

2022

yurisdiksi

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Reconstructing Land Acquisition and Compensation Policies for the Public Interest: Perspective on the Value of Justice in Indonesian Land Law

Rohmat,

Rohmatika

2024

Pancasila Int. J. Appl. Soc. Sci.

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This article discusses the reconstruction of land acquisition and compensation policies for the public interest from the perspective of the value of justice in the context of Indonesian land law. The research method used is qualitative, using literature study and document analysis as data sources. This approach allows for a deep understanding of the dynamics and challenges in land acquisition and compensation to affected land owners. In the context of policy reconstruction, this article analyzes the steps required, including identification of needs, evaluation of existing policies, and formulation of new policies or updating existing policies. Factors influencing the policy reconstruction process are also studied in depth, including political, economic, social, cultural and legal dynamics. In addition, this article highlights the mechanism for land acquisition for public purposes and the process of compensation to affected land owners. In this context, the perspective of justice values becomes the main focus, by evaluating ethical, moral aspects and principles of justice in providing compensation to land owners. This research is expected to provide an important contribution to understanding the importance of justice in the reconstruction of land acquisition and compensation policies for the public interest in Indonesia

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Universalising colonial law principles on land law and land registration: the role of the Institut Colonial International (1894)

Cited by 2 publications

References 44 publications

Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018

Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018

Reconstructing Land Acquisition and Compensation Policies for the Public Interest: Perspective on the Value of Justice in Indonesian Land Law

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