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All Journal Legal Standing : Jurnal Ilmu Hukum
Muttaqin, Irsyadul
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM TANAH ADAT SETELAH TERBITNYA PERATURAN PEMERINTAH MENGENAI BADAN BANK TANAH Permadi, Iwan; Muttaqin, Irsyadul
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8006

Abstract

This article aims to analyze agrarian conflicts and legal protection of customary land after the establishment of the Government Regulation on the Land Bank Agency in Indonesia. The presence of the Land Bank has the potential for conflict of interest and recognition of customary land can be neglected under the pretext of stateization. This research uses normative research and is based on statutory and conceptual approaches. The results show that agrarian reform contained in the Land Bank study actually backs up agrarian reform itself in terms of land acquisition, because land can be obtained through the transfer of land ownership by the state. Therefore, within the framework of ius constutuendum, the Government needs to improve the Job Creation Law in the land sector and the Government Regulation on the Land Bank, in addition, the public can also conduct a Material Test on articles containing land stateization arrangements in the Job Creation Law and Government Regulations on the Land Bank to strengthen guarantees and fulfillment of the rights of indigenous land communities.
PROBLEMATIKA PENGHAPUSAN GOLONGAN PENDUDUK TERHADAP PERALIHAN HAK ATAS TANAH DI INDONESIA Permadi, Iwan; Yahya, Muhamad; Muttaqin, Irsyadul
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8798

Abstract

This research explores the challenges in eliminating population categorization in the transfer of land rights. This change is highlighted due to protests and evaluations of the perceived discriminatory articles that identify race, groups, and ethnicity. The grouping in the creation of inheritance certificates is considered to create legal politics contrary to the spirit of independence, preserving differences seen as a legacy of Dutch colonialism. This research adopts a normative juridical method. The findings indicate that the delegation of tasks and authority, as well as the classification of the population in the process of creating inheritance certificates, essentially provides legal certainty to society. Separation based on archives and historical data updates has a positive impact on the land rights transfer process. This classification strengthens the legal framework related to land registration and certification, making it more secure and efficient. Conversely, the absence of classification in the creation of inheritance certificates can create legal uncertainty in the registration of land rights transfer due to the lack of clarity in data, information, and historical developments that need to be updated and recertified.
PERLINDUNGAN HUKUM TANAH ADAT SETELAH TERBITNYA PERATURAN PEMERINTAH MENGENAI BADAN BANK TANAH Permadi, Iwan; Muttaqin, Irsyadul
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8006

Abstract

This article aims to analyze agrarian conflicts and legal protection of customary land after the establishment of the Government Regulation on the Land Bank Agency in Indonesia. The presence of the Land Bank has the potential for conflict of interest and recognition of customary land can be neglected under the pretext of stateization. This research uses normative research and is based on statutory and conceptual approaches. The results show that agrarian reform contained in the Land Bank study actually backs up agrarian reform itself in terms of land acquisition, because land can be obtained through the transfer of land ownership by the state. Therefore, within the framework of ius constutuendum, the Government needs to improve the Job Creation Law in the land sector and the Government Regulation on the Land Bank, in addition, the public can also conduct a Material Test on articles containing land stateization arrangements in the Job Creation Law and Government Regulations on the Land Bank to strengthen guarantees and fulfillment of the rights of indigenous land communities.
PROBLEMATIKA PENGHAPUSAN GOLONGAN PENDUDUK TERHADAP PERALIHAN HAK ATAS TANAH DI INDONESIA Permadi, Iwan; Yahya, Muhamad; Muttaqin, Irsyadul
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8798

Abstract

This research explores the challenges in eliminating population categorization in the transfer of land rights. This change is highlighted due to protests and evaluations of the perceived discriminatory articles that identify race, groups, and ethnicity. The grouping in the creation of inheritance certificates is considered to create legal politics contrary to the spirit of independence, preserving differences seen as a legacy of Dutch colonialism. This research adopts a normative juridical method. The findings indicate that the delegation of tasks and authority, as well as the classification of the population in the process of creating inheritance certificates, essentially provides legal certainty to society. Separation based on archives and historical data updates has a positive impact on the land rights transfer process. This classification strengthens the legal framework related to land registration and certification, making it more secure and efficient. Conversely, the absence of classification in the creation of inheritance certificates can create legal uncertainty in the registration of land rights transfer due to the lack of clarity in data, information, and historical developments that need to be updated and recertified.
Co-Authors Iwan Permadi Yahya, Muhamad