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All Journal PAMALI: Pattimura Magister Law Review PATTIMURA Law Study Review SASI ABDI NUSANTARA: Jurnal Pengabdian Kepada Masyarakat KANJOLI Business Law Review BAMETI Customary Law Review
Uktolseja, Novyta
Unknown Affiliation
Humanities Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Tanah Adat Terlantar Yang Belum Ditetapkan Sebagai Tanah Hak Pengelolaan Masyarakat Hukum Adat Basar, Naomi Anastaria; Matuankotta, Jenny Kristiana; Uktolseja, Novyta
BAMETI Customary Law Review Vol 2 No 1 (2024): Juni 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i1.13289

Abstract

Traditional land is land left by ancestors and is believed to have supernatural powers that are shared by a group of people. Abandoned land is land that is not cultivated or utilized. Based on article 8 letter a of Republic of Indonesia Government Regulation Number 20 of 2021 concerning controlling abandoned areas and land. Land with management rights that is excluded from the object of controlling abandoned land is land with management rights of indigenous communities. In this thesis, we examine customary land which is not the object of abandoned land, with the issues raised being the regulation of abandoned customary land in the Wermaktian sub-district, Rumsalut village and how to provide legal protection for abandoned customary land which has not been designated as the management right of customary law communities. This research uses a normative juridical method using a statutory approach, a conceptual approach and a case approach, as well as using primary, secondary and tertiary legal materials. The legal materials collected in the research are analyzed in a descriptive manner to draw conclusions. The results of this research show that regulations regarding abandoned customary land according to Law Number 5 of 1960 and Government Regulation of the Republic of Indonesia Number 20 of 2021 state that abandoned customary land in its regulation remains the management right of customary law communities. Then legal protection for abandoned customary land should be a form of protection for the dignity of customary law communities in accordance with the 1945 Constitution, article 18 b paragraph 2.
Kedudukan Hukum Transaksi Jual Beli Tanah Bersertifikat Hak Milik Yang Diblokir Oleh Badan Pertanahan Nasional Teikuar, Yatno Krisando; Uktolseja, Novyta; Radjawane, Pieter
BAMETI Customary Law Review Vol 2 No 2 (2024): Desember 2024 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v2i2.15973

Abstract

Land ownership rights are marked by a certificate issued by the National Land Agency (BPN), which has strong evidentiary power regarding physical and legal data of the land. This certificate is the initial evidence that can be used by the owner to strengthen his claim of ownership rights to the land. However, this certificate can be blocked by the BPN when there are legal problems, such as demands or claims from other parties, which require the delay of the transfer of rights process until there is a legal settlement. This study aims to examine the legal status of land sale and purchase transactions with land title certificates that are blocked by the BPN and to understand the legal consequences of these transactions. The method used in this study is normative juridical with a literature study approach or secondary data to analyze various relevant regulations and literature. The results of the study show that land sale and purchase transactions with land title certificates but blocked by the BPN are not legally valid. This blockage indicates that there is a dispute or unresolved legal problem on the land, so that all forms of transfer of rights cannot be carried out legally until the block is lifted. As a result, this transaction causes a violation of the law for the parties involved, where the seller cannot transfer his ownership rights, and the buyer is at risk of not obtaining legally recognized ownership rights. On the other hand, transactions that are still carried out on blocked land can end in further legal defense, including a lawsuit for breach of contract from the buyer because the transaction is considered invalid.
Co-Authors Bandu, Sri Jekan Anggun Basar, Naomi Anastaria Gardjalay, Hery A. Halirat, Novanda Haliwela, Nancy Silvana Kesaulya, Clara Latupono, Barzah Laturette, Adonia Ivonne Lawalata, Maher Syalal Manery, Nugrah Gables Mantaiborbir, Rocky S. Matuankotta, Jenny Kristiana Nendissa, Renny Heronia Pieris, Flourensya Lyventriz Pietersz, Jemmy Jefry Pratiwi, Dita Ayudia Radjawane, Pieter Ruff, Elis Rumangun, Johan P. E. Sean, Cedric Simamora, Van Basten Teikuar, Yatno Krisando Tjoanda, Merry Tuanaya, Firda Hawa Wadjo, Hadibah Zachra Wattimena, Ricky M. Wattimena, Rovsky Asyer Yanlua, Muh Akbar