Hutapea, Maria
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The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1241

Abstract

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.
Implementation of Production Sharing Agreements for Agricultural Land in Indonesia Hutapea, Maria; Krismantoro, D.; Joe, Christian
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1606

Abstract

Production Sharing Agreement is an agreement made between the owner and the cultivator of paddy land. The cultivator is asked by the owner to work or cultivate the owner's paddy field whose object is not the paddy field but something attached to the paddy field such as rice plants. The problem in this study is how the implementation of profit-sharing agreements for paddy fields in Indonesia. The research method used is normative juridical. The data source used is secondary data. The method of data collection is done by means of literature study. Data processing is done by means of descriptive analytics. Based on Law Number 2 of 1960 concerning Production Sharing Agreements that in Indonesia it is required that the production sharing agreement must be made by the owner witnessed by two witnesses, each from the landowner and cultivator. In reality, production sharing agreements made by the Indonesian people are still based on customary law so that the agreement is only done orally, not made before the village head and not witnessed by witnesses.
Implementation of Improvement of Building Rights into Land Ownership Rights and its Obstacles in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 3 No. 02 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i02.1824

Abstract

Building Rights Title (HGB) which has expired according to the legislation will return to the original legal status of the land rights, namely returning to state land, management rights or individuals. The problem in this study is how the implementation of an increase from Building Rights Title to Land Ownership Rights in Indonesia, and what obstacles arise in increasing land rights. The research method used is normative juridical. The data source used is secondary data. The data collection method is done by means of literature study. Data processing is done by descriptive analytical method. Land with HGB status can be upgraded to Property Rights by applying for an increase in rights. However, in reality not all HGB can be upgraded to Property Rights. HGB that is on the land of a person's property rights and land management rights can not be upgraded to Property Rights. In addition, HGB that is encumbered with a mortgage cannot be upgraded to Hak Milik as long as the debt has not been repaid.
Land Consolidation as One of The Solutions in Providing Green Open Space in Urban Areas in Indonesia Hutapea, Maria; Krismantoro, Damianus; Fransiska, Eudia Viona
West Science Law and Human Rights Vol. 3 No. 03 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i03.1888

Abstract

The increasing price of land in urban areas makes it difficult for the government to provide land for the development of Green Open Space. Land Consolidation is a land policy regarding the reorganization of land tenure and use as well as to improve environmental quality and maintenance of natural resources by involving active community participation. In this case, the government does not need to provide compensation that requires very large funds because the principle used in Land Consolidation is to build without displacement. Land Donation for Development which will be used for public and social facilities and green open spaces. This research aims to find out how the implementation of Land Consolidation in Indonesia as one of the solutions in the provision of land to provide land for the purposes of green open space development and the obstacles faced and their resolution. The research method used is normative juridical method. The data source used is secondary data. The method of data collection is done by means of literature study. Data processing is done by descriptive analytical method. Based on the existing fact that the implementation of Land Consolidation in Indonesia, especially to provide for the development of Green Open Space in urban areas, is often constrained, given the high price of land in urban areas. Therefore, the existence of Land Consolidation can be used as one of the ways to obtain land for the development of Green Open Space in urban areas in Indonesia.
The Implementation of Compensation of Rights of Ownership on Land in the Development of Toll Road in Dumai City, Riau Province Hutapea, Maria
West Science Law and Human Rights Vol. 2 No. 01 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i01.617

Abstract

This paper is based on the research in Dumai City in 2019. Frequently, in the implementation of land acquisition resettlement for general interest development emerged issue in compensation. The former land owner whose land has been used for development of toll road Pekanbaru – Dumai (in this matter is in Bagan Besar Urban Village, Dumai City) didn’t feel satisfied with the compensation they had received. In the Article 1 point 10 of the Law Number 2 of 2012 on Land Acquisition Resettlement for General Interest Development is regulated that Compensation is the adequate and fair compensation to the parties who has rights in the process of Land Acquisition Resettlement. This research is empirical legal research. The result of this research shows that principle of adequate and fair has not been implemented.
The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia Krismantoro, Damianus; Hutapea, Maria; Joe, Christian
West Science Law and Human Rights Vol. 2 No. 04 (2024): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v2i04.1241

Abstract

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.
Implementation of Production Sharing Agreements for Agricultural Land in Indonesia Hutapea, Maria; Krismantoro, D.; Joe, Christian
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1606

Abstract

Production Sharing Agreement is an agreement made between the owner and the cultivator of paddy land. The cultivator is asked by the owner to work or cultivate the owner's paddy field whose object is not the paddy field but something attached to the paddy field such as rice plants. The problem in this study is how the implementation of profit-sharing agreements for paddy fields in Indonesia. The research method used is normative juridical. The data source used is secondary data. The method of data collection is done by means of literature study. Data processing is done by means of descriptive analytics. Based on Law Number 2 of 1960 concerning Production Sharing Agreements that in Indonesia it is required that the production sharing agreement must be made by the owner witnessed by two witnesses, each from the landowner and cultivator. In reality, production sharing agreements made by the Indonesian people are still based on customary law so that the agreement is only done orally, not made before the village head and not witnessed by witnesses.