Claim Missing Document
Check
Articles

Found 3 Documents
Search
Journal : LAWPASS

Issuance of Legally Defective Land Rights Certificates at the Jayapura City Land Office Yoseph Palenewen, James
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i1.69

Abstract

This study aims to determine the factors that cause certificates to be legally defective at the Jayapura City Land Office and to determine how to cancel certificates that are legally defective at the Jayapura City Land Office. The approach method used in this study is the normative and empirical legal approach method, namely an approach that refers to laws, literature, written regulations or other secondary legal materials and to see how it is applied through field research. The results of this study revealed that the factors that caused the certificate to be legally defective at the Jayapura City Land Office were 2 (two) main things, namely the first from the applicant himself with dishonesty by making fake documents from blank signatures to parties adjacent to the land, in other words it can be said that the applicant from the beginning had bad intentions with the intention of lying to the land office by entering false data, the second from the Land Office itself because of administrative legal defects such as procedural errors, errors in the application of laws and regulations, errors in the subject of rights, errors in the type of rights, errors in calculating the area, there is overlapping land rights, incorrect legal data or physical data or other errors of an administrative nature and the Way to Cancel a Certificate that is legally defective at the Jayapura City Land Office can be done by means of an application by the relevant party with a court decision that has permanent legal force.
The Role of Village Heads in Resolving Customary Land Disputes in Nendali Village East Sentani District Jayapura Regency Solossa, Marthinus; Yoseph Palenewen, James
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i1.80

Abstract

This study aims to determine the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency and to determine the obstacles experienced by the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency. The method used in this study is normative and empirical juridical, namely an approach that refers to legal norms contained in laws and regulations, library materials, written regulations or other secondary legal materials and also sees the reality that occurs in the field. The results of this study reveal that the role of the village head in resolving customary land disputes in Nendali Village, East Sentani District, Jayapura Regency is very important in relation to the rights and obligations in the life of his customary community where a village head is required to be able to play an active role in holding his leadership so that he can organize the community properly, safely and orderly, if there is a problem or dispute that occurs among his customary community, the village head as a mediator to resolve the problem or dispute, acts to restore peace in his customary community and the factors that cause customary land disputes in Nendali Village, East Sentani District, Jayapura Regency, namely the overlapping ownership of customary land, whether the land is used for personal use such as a place to live or shelter or the land is used in groups or together such as a place to farm and graze livestock, where fellow customary communities claim that it is their land while the other party also states that the land is theirs, then the customary land dispute occurs.
Legal Protection of Geographical Indications in Jayapura City Susi Irianti, Y.D.W; Yoseph Palenewen, James
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 2 No. 1 (2025): April
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v2i1.81

Abstract

This study aims to determine, analyze and explain the mapping of geographical indications in Jayapura City and legal protection of Papuan Geographical Indications in Jayapura City. The type of research used is empirical legal research because it is based on the idea that law is inseparable from the lives of its people in the form of values and attitudes/behaviors carried out so that in the view of empirical science, a normative approach to studying problems related to the protection of geographical indications in Jayapura City Papua is how the law is in reality in people's lives. The results of this study reveal that efforts to map geographical indications are carried out to determine the limits of cases of violation of geographical indications so that holders of geographical indication rights can file lawsuits against users of geographical indications without rights, in the form of compensation payments and termination. Use and destruction of geographical indication labels used without rights through registration and publication. Geographical indications are protected as long as the reputation, quality and characteristics that are the basis for granting geographical indication protection to an item are maintained. And protection will be removed if these provisions are not met, and/or are contrary to state ideology, legislation, morality, religion, decency and public order. While legal protection of geographical indications can be carried out in preventive and repressive forms. Preventive means preventive measures through refusal of registration and repressive payment of compensation.