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Journal : Legal Spirit

Pemenang Lelang Eksekusi terhadap Jaminan Tanah yang Belum Bersertifikat Sugianto, M Udik; Amboro, Florianus Yudhi Priyo; Hutauruk, Rufinus Hotmaulana
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4611

Abstract

The large number of people who do not have proof of land ownership is an obstacle in obtaining credit from banks. However, responding to this, the bank allows the bank to be able to accept credit submitted to it. However, it becomes a problem when the auction winner wants to transfer the rights to the land, it cannot be done because the land has not been certified, which results in the auction winner not being able to pay the BPHTB. The research method used is normative legal research. Legal regulations regarding auctions for land that have not been certified are contained in Article 41 Paragraph 4 of the PP on land registration, Articles 76 and 108 of the Regulation of the Minister of Land Registration, Article 34 of PMK Implementation of auctions. Meanwhile, the conflict that occurred was Article 83 of the PMK for the Implementation of the Auction, which required the auction winner to pay BPHTB, while Article 2 of the BPHTB Law states that land that has not been certified does not include land rights. The solution provided by the author is: the head of the land office and the head of the KPKNL provide concessions for BPHTB payments and change the laws and regulations related to allowing uncertified land to be auctioned.
Pencabutan dan Pembatasan Hak Memilih dari Ekspatriat: Sebuah Kajian Perspektif Konstitusional Rusdiana, Shelvi; Hutauruk, Rufinus Hotmaulana; Situmeang, Ampuan
Legal Spirit Vol 8, No 1 (2024): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.5032

Abstract

The right to vote as a fundamental human right in a democratic country like Indonesia, in fact cannot always be guaranteed to be implemented and its benefits can be realized. The problem of election integrity in Indonesia, which has not improved, has encouraged Indonesia to continue to update its democratic party implementation system, including considering various existing alternatives. Revoking and limiting expatriates' right to vote is a practice that has actually been carried out by other countries, to improve the integrity of elections. This research aims to analyze the possibility of revoking and/or limiting the right to vote from expatriates as an effort to increase election integrity, with a constitutional lens. This analysis is supported by normative legal research methods, with a statutory approach and a comparative approach. The research results found that although revoking the right to vote from expatriates is an unconstitutional option and has not been implemented, the government can implement limiting the right to vote from expatriates to cover the normative gap that exists regarding citizenship, while increasing the accuracy of election list data, by implementing several policies that have been implemented by other countries