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All Journal International Journal of Law Reconstruction RechtIdee
Bernadus Basa Kelen
Fakultas Hukum Universitas Flores
Law, Crime, Criminology & Criminal Justice Other

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THE LEGAL CERTAINTY OF LAND OWNERSHIP RIGHT IN REGISTRATION’S CONTEXT Christiana Sri Murni; Bernadus Basa Kelen; Sumirahayu Sulaiman
International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i1.16422

Abstract

The aims of this research is to know that certificate as a letter of evidence that is valid as strong evidence regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question. But in reality, the certificate can still be sued by the subject of the right who feels he has the right to the land. This research used a normative legal research with qualitative descriptive data analysis. Based on the results of the study indicate that land registration activities include the collection and processing of physical data, proof of rights, bookkeeping, and issuance of certificates. With the issuance of a certificate of land rights, the owner has legal certainty and legal protection. However, in reality, land rights certificates can be sued in court. This shows the existence of legal uncertainty, because at any time the rights subject who feels he has a right or feels that his rights have been violated by another party can file a lawsuit against another party whose name has been registered in a certificate.
PERLINDUNGAN HUKUM TERHADAP HAK PENGELOLAAN DAN PEMANFAATAN ATAS TANAH OLEH MASYARAKAT HUKUM ADAT YANG BERADA DALAM KAWASAN TAMAN NASIONAL KELIMUTU Christiana Sri Murni; Yohanes Pande; Bernadus B. Kelen
RechtIdee Vol 18, No 1 (2023): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v18i1.6130

Abstract

The establishment of the zoning of the Kelimutu National Park by the relevant agencies resulted in the management of the forest area being closed to the access of the Customary Law community as the owner of agricultural/plantation land in Niowula Village, Detusoko District, Ende Regency and this is detrimental to the community. In this regard, this study aims to examine how customary forests are regulated in the versions of regulations before and after the Constitutional Court Decision No. 35/PUU-X/2012. This research is a normative research using a statutory approach. The existing primary and secondary legal materials were then subjected to a qualitative juridical analysis. The results of the study show that the constitution requires conflict resolution to be carried out using a functional approach and a human rights approach, but in fact the use of a human rights approach creates a conflict between the rules under the constitution and the constitution. This requires the government to harmonize regulations because there are still many regulations which are very dominant with a functional approach, and very little use of a human rights approach.
Co-Authors Christiana Sri Murni Christiana Sri Murni Sumirahayu Sulaiman Yohanes Pande