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Perlindungan Hukum bagi Pemegang Hak atas Tanah Sesungguhnya dalam Transaksi Jual Beli Menggunakan Rincik Palsu Nirwana, Nirwana; Patittingi, Farida; Nur, Sri Susyanti
Pagaruyuang Law Journal Volume 1 Nomor 2, Januari 2018
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v1i2.564

The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1) the legal protection for the land owner whose possession was based on rincik evidence, and (2) the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1) the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2) the legal protection on the good- willing buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.

Tinjauan Hukum Penatagunaan Tanah Pada Bangunan Gedung Usaha yang Berdiri di Kawasan Permukiman Fathansyah, Muhammad Alfa; Patittingi, Farida; Nur, Sri Susyanti
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 8 No 2 (2021): December
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-qadau.v8i2.19648

Penelitian ini bertujuan untuk mengetahui apakah implementasi Peraturan Pemerintah No. 16 Tahun 2004 telah sejalan dengan regulasi bangunan komersial dan pengawasan pemerintah daerah terhadap bangunan komersial di kawasan pemukiman. Penelitian ini menggunakan metode pendekatan kualitatif tipe sosio yuridis yang terdiri dari penelitian hukum normatif serta penelitian hukum empiris dengan mendapatkan dan menganalisa data primer dalam bentuk hasil wawancara dengan narasumber. Penelitian ini dilakukan di bangunan gedung usaha yang berdiri di kawasan permukiman, Dinas Penataan Ruang dan Bangunan dan Badan Pertanahan Nasional Kota Makassar dengan populasi seluruh bangunan gedung usaha di Kota Makassar. Hasil penelitian ini adalah pengelolaan penggunaan lahan pada bangunan komersial yang berada di kawasan pemukiman belum dilaksanakan dengan baik dan menyeluruh sesuai Peraturan Pemerintah No. 16 Tahun 2004 tentang pengelolaan penggunaan tanah. Hal ini terlihat dari masih adanya hal-hal yang belum dilaksanakan dengan baik sesuai dengan ketentuan, misalnya penggunaan dan pemanfaatan tanah harus sesuai dengan Rencana Tata Ruang Wilayah. Meskipun penyelengaraan penataan ruang dalam pembangunan gedung usaha di kawasan permukiman telah berjalan, banyaknya jumlah gedung usaha pada kawasan permukiman menandakan bahwa pengawasan Dinas Penataan Ruang dan Bangunan belum berjalan baik dan optimal karena apabila hal ini terjadi terus menerus dan terjadi pada kawasan perumahan/permukiman yang lain, maka fungsi kawasan perumahan/permukiman tidak menutup kemungkinan dapat berubah seluruh kawasan dan fungsinya. Kata Kunci: Penatagunaan Tanah, Bangunan Gedung Usaha, Kawasan Permukiman. This study aims to determine whether the implementation of Government Regulation No. 16 of 2004 has been in line with commercial building regulations and local government supervision of commercial buildings in residential areas. This study uses a socio-juridical type of qualitative approach consisting of normative legal research and empirical legal research by obtaining and analyzing primary data in the form of interviews with interviewees. This research was conducted in business buildings that stood in residential areas, the Office of Spatial Planning and the National Land Agency of Makassar with a population of all business buildings in Makassar. The results of this study are the management of land used in commercial buildings located in residential areas has not been implemented properly and thoroughly in accordance with Government Regulation No. 16 of 2004 concerning land use management. This can be seen from there are still things that have not been implemented properly according to the provisions, for example the use and utilization of land must be in accordance with the Regional Spatial Plan. Although spatial planning has been implemented in the construction of business buildings in residential areas, the large number of business buildings in residential areas indicates that the supervision of the Spatial Planning and Building Services has not been running well and optimally because if this happens continuously and occurs in other housing / settlement areas , then the function of the housing / settlement area does not rule out the possibility of changing the entire area and its functions. Keyword: land use, business buildings, residential areas

The Arrangement of Investment Policy for the Protection of Indigenous People’s Rights Wamafma, Filep; Moenta, Andi Pangerang; Patittingi, Farida; Ruslan, Achmad
Hasanuddin Law Review VOLUME 5 ISSUE 2, AUGUST 2019
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v5i2.2403

The investment law policies have a positive influence on the interests and welfare of all Indonesian people. However, many legal problems arise due to overlapping regulations both at the central and regional government levels, and also in term of the implementation of decentralization. The results show that the arrangement of investment policy in West Papua against the recognition and respect for Papua indigenous people's rights are still limited to universal policies. Nationally, the policy has not clearly revealed how the form of recognition and respect for the rights of indigenous peoples and/or Papuan indigenous peoples rights related to the presence of investments in West Papua. On a regional scale, the provincial government policy in the form of regional regulations, only covers the scope of investment in West Papua, but does not fully explain how the form of recognition and respect for Papua indigenous peoples related to investment. Hence, related with the alignment of Papua indigenous people's rights in the field of ideal investment arrangements in West Papua was began with the concept of Bottom-up Development Planning, by involving indigenous peoples as a whole. This concept is based on the Optimum Suitable Yield (OSY) where the amount of natural resources that can be exploited must be based on calculations from various perspectives such as biology, economics, and even socio-political perspectives.

THE RIGHTS OF LAND IN MARRIAGE AGREEMENT ACCORDING TO THE CONSTITUTIONAL COURT DECISION NUMBER 69 / PUU-XIII 2015 BASED ON THE CUSTOMARY LAW PERSPECTIVE Miqat, Nurul; Patittingi, Farida
Yustisia Vol 7, No 1: April 2018
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v7i1.17532

The definition of marriage is provided in Article 1 that: "Marriage is a mental bond between a man and a woman as husband and wife with the aim of forming a happy, eternal, (family) family based on the One Supreme God." The meaning of marriage under the law, Law Number 1 Of 1974 is a marriage has a very close relationship with religion, spirituality, so that marriage not only has the element of birth / body, but the element of spirit / rokhani also has a very important role. The legal consequence of a marriage is the position of a woman who becomes a wife and a man becomes a husband, hence the rights and obligations assumed by both after the legal act of marriage. For those who marry most do not think about the effects of marriage, on their wealth, some of them only think that the consequences of marriage are only the union of two families, and the continuity of their marriage in order to be eternal and happy. Marital Laws Article 35 to Article 37 regulate about the field of marriage property for husbands and wives, Affirmation of Article 35 states that marriage property becomes a common property. While the property of each luggage as a gift or inheritance, is under the control of each. Unless otherwise specified in order to serve as joint property, for this other determination the husband and wife are allowed to make "marriage agreement", this marriage agreement contains about marriage property. Likewise to the perpetrators of miscenegations. Indonesian citizens who marry foreign citizens, not knowing that there are legal consequences of such miscenegations, there is a right to be lost as a result of miscenegation. The rights in question relate to the marriage agreement, which if the perpetrator of a miscenegation does not enter into a marriage agreement will impact on land rights , and it is also known under costumary law.

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