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Journal : Al-Mizan (e-Journal)

Tinjauan Yuridis Penyelesaian Sengketa Terhadap Peralihan Hak Milik Atas Tanah Tanpa Akta Hibah ( Suatu studi di Desa Lelekaa Kecamatan Wolasi Kabupaten Konawe Selatan) Marlin, Marlin; Marwan, Marwan
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.6626

Abstract

This research aims to understand the settlement of disputes over the transfer of property rights to land without a grant deed and to identify the factors that inhibit efforts to resolve such conflicts. This research was conducted using normative-empirical research method using a statutory approach, a conceptual approach, and sociological enforcement. The results of this study show: (1) disputes generally occur because the granting of grants is done orally or only using ordinary letters without legal validity. The absence of a grant deed, as certified by the Official Certifier of Title Deeds (PPAT), renders the ownership status unclear, particularly after the grantor's death. This condition is exacerbated by the low legal awareness of the community and the lack of guidance from related officials; (2) factors inhibiting the settlement of land grant disputes in Lelekaa Village include the community's low understanding of the legality of grant deeds and legal procedures for the transfer of rights. The community tends to rely on oral or written statements without PPAT authorization, which are not legally valid. Other barriers include limited access to legal services, a lack of socialization from the Indonesian National Land Office (BPN) and PPAT, weak village supervision, and the passivity of officials in guiding residents. Irregular documentation and the absence of an ownership database complicate settlements, especially when multiple heirs or overlapping claims are involved.
Kriminalisasi Trading in Influence dalam Tindak Pidana Korupsi Syahird, Ahmad; Marlin, Marlin
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.3894

Abstract

This research aims to find out the concept of trading in influence in the United Nations Convention Against Corruption (UNCAC) and to find out the urgency of criminalizing trading in influence in Indonesian legislation. This type of research is normative research with a statute approach and a conceptual approach. The results of this study show that the concept of trading in influence in UNCAC has differences with the crime of corruption in national legislation, such as in terms of perpetrators and arrangements. The absence of trading in influence regulation in the legislation is the urgency of the need for trading in influence in the future law (ius constituendum). The concept of trading in influence in UNCAC is similar to the offense of active-passive bribery by public officials, which is already regulated in the corruption law. However, it still differs in the recipient of the bribe, the setting, and the person involved. Meanwhile, the urgency of regulating trading in influence in national legislation is because corruption has become a problem for the international community and there is also a legal vacuum.