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Journal : Socius: Social Sciences Research Journal

Faktor-Faktor Penyebab dalam Penerbitan Sertifikat Asli Tapi Palsu pada Kantor Pertanahan Kota Jayapura Palenewen, James Yoseph
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 5 (2023): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10578896

Abstract

This research aims to find out the factors that cause the issuance of Original But Fake Certificates at the Jayapura City Land Office and to find out how to cancel Original But Fake Certificates or legally defective certificates at the Jayapura City Land Office. The approach method used in this research is the normative juridical approach, namely an approach that refers to laws, library materials, written regulations or other secondary legal materials. The results of this research reveal that the factors that cause the issuance of genuine but fake certificates at the Jayapura City Land Office are 2 (two) main things, namely the first is from the applicant himself with dishonesty by making fake documents from blank signatures to the parties involved. adjacent to the land, in other words it can be said that the applicant from the start had bad intentions with the intention of deceiving the land office by entering false data, secondly from the Land Office itself because of administrative legal defects such as procedural errors, errors in applying regulations. legislation, errors in the subject of rights, errors in types of rights, area calculation errors, overlapping land rights, incorrect juridical data or physical data or other errors of an administrative nature and how to cancel Original but Fake Certificates or legally defective certificates at the Office Jayapura City Land Affairs can be carried out by means of an application by the party concerned with a court decision which has permanent legal force.
Penerapan Asas Kontradiktur Delimitasi di Kantor Pertanahan Kota Jayapura Sahuleka, Onesimus; Manengkey, Victor Th; Katjong, Kadir; Tanati, Daniel; Palenewen, James Yoseph
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 4 (2023): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10589466

Abstract

This research aims to determine the application of the principle of delimitation contradiction at the Jayapura City Land Office and to determine the resolution of land disputes resulting from the non-implementation of the principle of delimitation contradiction at the Jayapura City Land Office. The research method used is normative juridical and empirical, namely an approach that refers to statutory regulations, library materials, written regulations or other secondary legal materials and looks at their application through field research. The results of this research reveal that the application of the Delimitation Contradiction Principle at the Jayapura City Land Office can actually work well, but if it is related to technical problems in previous maps such as old registration maps that have been lost or have been damaged, there are often overlaps or overlapping plots of land and also what often happens in the field is that the bordering party is not present so BPN entrusts a sheet to fill in the measuring drawings, automatically this is where the application of the Delimitation Contradictory Principle does not work properly and the resolution of land disputes due to not implementing the Delimitation Contradiction Principle is where the BPN facilitates mediation between the two parties rather than having to go to court. If it is still not resolved, a procedural team is created whose members are from the structural work unit in accordance with the procedures for handling land disputes regulated in the Minister of State for Agrarian Affairs/KBPN Regulation No. 5 of 1999. The task of the work team is to receive and resolve land disputes that come to local work environment. So that the resolution of land disputes does not necessarily take place directly through litigation.
Penyelesaian Sengketa Tanah Ulayat antara Masyarakat Kampung Kaptiau dan Kampung Mawesday di Kabupaten Sarmi Palenewen, James Yoseph
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 3 (2023): Oktober
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to determine the factors that give rise to customary land disputes between the people of Kaptiau village and Mawesday village, and also to find out the form of resolution of customary land disputes through customary law among the people of Kaptiau village and Mawesday village. The approach method used in this research is a normative and empirical juridical approach, namely an approach that refers to laws, library materials, written regulations or other secondary legal materials, and to see how they are implemented through field research. or the reality that occurs at the research location. The results of this research reveal that the dispute that occurred between the people of Kaptiau village and Mawesday village began when a timber company wanted to build an oil tank in Kaptiau village, but the residents of Mawesday village claimed that the land to be built was still part of the community's customary rights. Mawesday village does not belong to Kaptiau village, so there were road blockades and clashes between the two villages, resulting in injuries caused by sharp weapons to residents of both villages. In resolving the customary land dispute between Kaptiau village and Mawesday village which has led to clashes and resulted in residents being injured due to sharp weapons from the two villages, the authorities (police) act as mediators or third parties whose job is only to assist the disputing parties in resolving the problem and did not have the authority to make decisions, with the presence of the tribal heads of the two villages to help resolve the problems that occurred regarding customary land.