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Journal : LEGAL BRIEF

The Mechanism of Land Rights Transfer in the Case of Name Discrepancies Between Administrative Documents and Land Ownership Certificates Ompusunggu, Novia Fransisca; Mudiparwanto, Wahyu Adi
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i3.1385

Abstract

Land ownership represents a fundamental aspect of agrarian law in Indonesia, yet discrepancies between names listed in administrative documents and land certificates create significant legal uncertainties that can undermine property rights and generate disputes. This research aims to identify the mechanism for transferring land rights when such discrepancies occur and to assess the legal status of the land ownership in these cases. The study employed a normative legal method with a statute approach, analyzing primary legal materials including Law No. 5 of 1960 (UUPA), Government Regulation No. 24 of 1997, and related regulations, supported by secondary sources. The findings show that the settlement process involves coordination among government agencies, starting from problem identification at the sub-district level, clarification at the Population and Civil Registration Office (Dukcapil), and resolution at the National Land Agency (BPN). Name discrepancies caused by typographical or administrative errors do not affect the validity of ownership, whereas discrepancies due to unregistered transfers result in legal uncertainty and potential disputes. The study concludes that ensuring clarity in land certificates is crucial to achieving legal certainty, preventing disputes, and protecting certificate holders, highlighting the importance of mandatory registration of all transfers within 30 days.
Implementation of the Use of Co-Branding of Yogyakarta Specialty Products and Dispute Resolution of Trademark Infringement Rights Ekasari, Rellyta Dea; Mudiparwanto, Wahyu Adi
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.998

Abstract

Micro, small, and medium enterprises (MSMEs) are one way the government can achieve maximum economic growth. The number of established MSMEs has resulted in the emergence of many new brands, increasing the opportunity for violations. Therefore, public awareness and the role of local government in protecting MSMEs in the region are needed . In addition to adhering to the Trademark Law, the Special Region of Yogyakarta initiated an innovative regulation governing Co-Branding Jogja to protect the essence of intellectual property rights owned by MSMEs, especially trademark rights. This research uses a normative-empirical type of legal research with qualitative data analysis. The results of this study show that there are still obstacles to implementing the use of the Jogja co-branding brand. However, the government seeks to continue evaluating regulations to solve these problems. Regarding alternative dispute resolution, the government cooperates with the Regional Office of the Ministry of Law and Human Rights of Yogyakarta by facilitating complaints if the Trademark Rights holders find their trademarks used by others without permission
Implementation of Agricultural Land Protection Policy on The Transfer of Functions And Food Security Efforts in The Special Region of Yogyakarta Puspitaningrum, Silvia Diah; Mudiparwanto, Wahyu adi
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.1000

Abstract

The shrinking of agricultural land is felt in the Special Region of Yogyakarta, where agricultural land is shrinking, and causing food security in Yogyakarta to be threatened. The efforts made by the government by issuing several policies are felt to have not provided a way. This study aims to provide an overview of the implementation of ineffective regional policies, and food security efforts for Yogyakarta. The data obtained in this study came from news sources, journals, and interviews. The data obtained is classified according to the formulation of the problem, then processed with qualitative descriptive analysis, so that the results are obtained in the form of a systematic review until the final results are obtained in the form of conclusions and suggestions. The approach in this study uses a legislative approach, which is in accordance with the regulations regarding the Agricultural Land Protection Policy. Then the Conceptual approach which refers to the application of legal concepts and law enforcement principles regarding the implementation of agricultural land protection policies. The results of this study show that the implementation of the policy is still ineffective, and other efforts are needed to maintain pagan resilience in Yogyakarta
Analysis of the Judge's Considerations Regarding the Rejection of the Wonosari Religious Court's Marriage Dispensation Application Yusnia, Nufrinda Shita; Mudiparwanto, Wahyu Adi
LEGAL BRIEF Vol. 13 No. 3 (2024): August: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i3.1036

Abstract

This article examines the problem, firstly how the judge considers the rejection of the marriage dispensation application. Second, what is the judge's interpretation regarding the urgent reasons for rejecting the application for marriage dispensation. This research is normative-empirical research with qualitative methods. The types of primary and secondary data are direct field data and literature studies. The research results show that the judge decides whether to reject or grant a request for marriage dispensation based on whether or not the reasons are urgent. Currently there is no concrete explanation regarding the urgent reasons, causing legal uncertainty and disparities in judges' decisions. Hopefully there is certainty regarding the urgent reasons in marriage dispensation cases so that judges in examining, adjudicating and deciding on marriage dispensation cases do not experience disparity in judges' decisions.