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Kedudukan Hukum Aset Bekas Milik Asing/ Tionghoa Menurut Peraturan Menteri Keuangan Nomor: 62/PMK.06/2020 di Kementerian Keuangan Cq. Direktorat Jenderal Kekayaan Negara Cq. Kantor Wilayah Direktorat Jenderal Kekayaan Negara Sumatera Utara Martini, Rita; Limbong, Dayat; Isnaini, Isnaini
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 3 (2023): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (748.856 KB) | DOI: 10.34007/jehss.v5i3.1460

Abstract

This study examines the legal position of Foreign/Chinese-Owned Assets (ABMA/T). That there are 40 (forty) ABMA/T in Medan City. 15 (fifteen) have completed their legal status and 25 (twenty five) have not. Based on this, the formulation of the problems, among others, the settlement of ABMA/T whose legal status has not been determined, legal certainty for those who occupy/control the physical ABMA/T, and settlement of the obstacles faced by ABMA/T. The research method used is normative juridical with a statutory and conceptual approach. The data collection instruments used were interviews and literature studies/document studies, with descriptive data analysis qualitative analysis. The results of this study indicate that for the unresolved ABMA/T in the city of Medan, administrative and field research was carried out as well as discussion by the team. For ABMA/T occupied by a third party, a persuasive approach is carried out, it is explained how the settlement procedure is, if it is certified but not through the procedures that have been applied, a blocking registration is carried out. Settlement of ABMA/T constraints is carried out by completing administrative files by the team gradually and continuously, coordinating all parties, optimizing the performance of elements outside the Ministry of Finance, and harmonizing related legal regulations.
Tinjauan Yuridis terhadap Proses Pemberian Ganti Kerugian Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum dalam Pembangunan Pelabuhan Terminal Multipurpose Kualatanjung di Kabupaten Batubara Silalahi, Rizki Natalina; Isniani, Isniani; Limbong, Dayat
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (943.856 KB) | DOI: 10.34007/jehss.v5i2.1412

Abstract

The aim of the study was to analyze the application of Law Number 2 of 2012 in the public interest to the process of granting compensation for land in land acquisition for development in the public interest in the construction of the Kualatanjung Multipurpose Terminal Port in Batubara Regency and the constraints encountered. The research method used is normative legal research, with data collection instruments namely interviews and documentation as well as data analysis using descriptive analysis. Based on research, the application of Law Number 2 of 2012 to the process of granting compensation for land in land acquisition in the construction of the Kualatanjung Multipurpose Terminal Port in the Regency is carried out through: a. Planning, b. Preparation, c. implementation, d. submission of results. The obstacles encountered during the compensation process for the land acquisition process for the construction of the Kualatanjung Multipurpose Terminal Port in Batubara Regency, namely: a. Lack of awareness and understanding of the community about the meaning of development for the public interest, b. rejection of the amount of compensation, c. there are people who do not have land rights, d. many people did not attend the process of measuring land plots, e. there are disputes over land objects controlled by landowners with other parties that have not been resolved.
Analisis Penetapan Ganti Rugi dalam Pengadaan Tanah Untuk Pembangunan Kepentingan Umum (Studi Pada Kantor Pertanahan Kabupaten Simalungun) Sariani Silalahi, Hotmaria; Eddy, Triono; Limbong, Dayat
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2150

Abstract

Land acquisition for public development purposes is an important issue that requires special attention in legal aspects and implementation. This research aims to examine legal regulations, the role of the National Land Agency (BPN), and the determination of compensation values ​​in the context of the construction of the Indrapura-Kisaran toll road. The background to this research is based on the importance of legal certainty and justice in the land acquisition process, especially in ensuring that the community is not harmed. The research method used is normative juridical research with a statutory and regulatory approach, coupled with open interviews at the Simalungun Regency Land Office. Secondary data was obtained from legal documents, agrarian law literature, and other relevant sources. This research also involves field studies to obtain empirical data that supports normative analysis. The results of the research show that legal regulations in land acquisition are in accordance with Presidential Regulation of the Republic of Indonesia Number 148 of 2015 which amends Presidential Regulation Number 71 of 2012. The land procurement committee and land price assessment team have carried out their duties by considering various legal, physical and financial constraints. , which produces the principles of humanity, justice and openness. The role of BPN, through the formation of task forces in affected areas, has helped expedite the land acquisition process. Determination of the amount of compensation is carried out fairly and appropriately, involving an assessment from an independent team and taking into account the rights of the land owner. This research provides theoretical contributions in the fields of state administrative law and agrarian law, as well as providing practical recommendations for improving the land acquisition process in the future. It is hoped that the results of this research can prevent agrarian conflicts and help form more effective and fair laws and regulations.
Analisis Pengamanan Aset Tanah Milik Pemerintah Daerah Melalui Sertipikasi Di Kota Tanjungbalai (Studi Pada Kantor Pertanahan Kota Tanjungbalai) Simanjuntak, Adelina Pratiwi; Eddy, Triono; Limbong, Dayat
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2151

Abstract

The safeguarding of assets belonging to the Tanjungbalai city government through land certification. So on the plot of land it can be known with certainty the location of the land, the boundaries of the land, the area of the land, the buildings and the types of plants that are on it. Local governments in implementing their regional autonomy system will create good governance by making fundamental changes in the management and optimization of their resources. So that various affairs to the regional government which have been delegated the authority can be carried out optimally, one of which is the management of assets belonging to the local government of Tanjungbalai City. The problem in this study is to find out how to manage Tanjungbalai City government assets in the perspective of Law No. 1 of 2004 and Government Regulation No. 6 of 2006 and the efforts made by the Tajungbalai City government in securing land assets belonging to the region as well as the obstacles experienced by the City government. and the Tanjungbalai City Land Office. Based on research conducted at the Land Office of Tanjungbalai City and Tanjungbalai City Government, it was found that there was land that did not have rights as a result of the non-optimal work of the local government so that it gave positive changes to the assets of the Tanjungbalai city government.