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All Journal YURISDIKSI : Jurnal Wacana Hukum dan Sains NEGREI: Academic Journal of Law and Governance
Supriyadi
Faculty Of Law, Brawijaya University Malang, Indonesia
Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal and Ethical Implications of Absentee Ownership in Agricultural Land Transactions: The Position of the Land Deed Official Ester Imanuela Dwi Putri; Moh Fadli; Supriyadi
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

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Abstract

This study aims to analyze the legal consequences of a sale and purchase deed of absentee agricultural land made by a Land Deed Official. The issue being studied is the drafting of a sale and purchase deed by a Land Deed Official for absentee agricultural land, where the ownership of such land has been prohibited as stipulated in Article 3d of Government Regulation Number 41 of 1964 concerning Amendments and Additions to Government Regulation Number 224 of 1961 on the Implementation of Land Redistribution and Compensation. Furthermore, the Land Deed Official is obliged to refuse to draft deeds that contradict the prevailing laws and regulations, particularly in relation to absentee agricultural land, as regulated in Article 39 paragraph (1) letter g of Government Regulation Number 24 of 1997 concerning Land Registration. This research employs normative juridical research using the statutory approach, conceptual approach, case approach, and historical approach. The legal materials used in this research consist of primary legal materials and secondary legal materials. The research findings indicate that the legal consequences of a sale and purchase deed drafted by a Land Deed Official for absentee agricultural land are in conflict with the prevailing laws and regulations, specifically Article 1320 of the Indonesian Civil Code (KUHPer) concerning the validity requirements of an agreement, as it violates both subjective and objective requirements. As a result, the sale and purchase deed becomes null and void by operation of law, rendering it invalid or deemed never to have existed.
Incomplete Sanctions for the Non-Procedural Transfer of Non-Public Village Treasury Land Adinda Salma Rachmantya; Hamidi Masykur; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.371

Abstract

This study aims to analyze the regulatory gap concerning sanctions in the transfer of village treasury land for non-public purposes that are not conducted in accordance with procedures under Minister of Home Affairs Regulation No. 3 of 2024, and to formulate an ideal sanction framework to ensure legal certainty and the protection of village assets. This research employs a normative juridical method with statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials, and analyzed descriptively. The findings indicate that although the regulation provides more detailed procedures for the transfer of village treasury land, there is still a normative gap regarding firm sanctions for procedural violations. This condition weakens legal enforceability, creates opportunities for abuse of authority, and generates legal uncertainty in practice, as reflected in the case of Pandanlandung Village. Therefore, a reconstruction of sanction arrangements is required, encompassing administrative, civil, and criminal classifications, along with an integrated law enforcement mechanism. Such regulation is expected to enhance regulatory effectiveness, strengthen the protection of village assets, and ensure legal certainty in the management of village treasury land.
Legal Certainty of State Land as an Object of Waqf Muhammad Ferdynan Alfareza; Herlindah; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.390

Abstract

This research aims to critically analyze the legal certainty of state land as a waqf object within the Indonesian legal system, particularly regarding the legal position of the state as the holder of the right to control land and the validity of the Waqf Pledge Deed over state-controlled land. This study employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of primary legal sources in the form of agrarian and waqf-related legislation, secondary legal sources including books, journals, and expert opinions, and tertiary legal materials supporting the analysis. The findings demonstrate that the state does not possess legal standing as a waqif because the state’s right to control land constitutes a public authority to regulate and administer land rather than a proprietary right within private law. Consequently, state land cannot directly become an object of waqf without the prior granting of land rights. Furthermore, the validity of a Waqf Pledge Deed concerning state land is highly dependent on the legal status of the land. Such a deed may be deemed invalid if it is established over pure state land that has not been subject to specific land rights, as it fails to fulfill the ownership requirement of the waqif. The novelty of this research lies in its analysis of the normative conflict between agrarian law and waqf law concerning the legality of state land as a waqf object, as well as in clarifying the limits of state authority in land waqf practices in Indonesia.
Legal Certainty of Indigenous Peoples' Customary Land Rights in Relation to Cultivation Rights : A Legal Certainty Perspective in West Kutai Tarisa; Imam Koeswahyono; Supriyadi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.409

Abstract

This study examines the nature of land disputes between the Intu Lingau Indigenous Community and holders of plantation cultivation rights in West Kutai Regency and proposes a dispute resolution model based on the principle of legal certainty. It employs normative legal research using statutory, conceptual, and case approaches, analyzed through the theory of legal certainty. The research gap lies in the absence of studies specifically addressing the normative conflict between the recognition of indigenous communal land rights and the cultivation rights regime as the primary source of legal uncertainty in land dispute resolution. The findings reveal that the dispute extends beyond land control, reflecting a normative conflict between the constitutional recognition of hak ulayat and the state's grant of cultivation rights without an integrated legal framework. Consequently, dispute resolution mechanisms through regional governments and agrarian authorities have not provided definitive legal certainty. The novelty of this study is a legal certainty-based dispute resolution model consisting of three stages: recognition of indigenous communities and their customary territories, verification and legal audit of cultivation rights, and deliberation based on the audit results as the basis for settlement. This model is expected to strengthen legal certainty, protect indigenous communal land rights, and promote a more coherent land law system in Indonesia.
Co-Authors Adinda Salma Rachmantya Ester Imanuela Dwi Putri Hamidi Masykur Herlindah Imam Koeswahyono Moh Fadli Muhammad Ferdynan Alfareza Tarisa