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All Journal Yustisia Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum
Hendry Julian Noor
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Law, Crime, Criminology & Criminal Justice Social Sciences

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THE EXISTENCE OF ADAT LAW COMMUNITY IN PUBLIC-PRIVATE PARTNERSHIP Karina Putri; Sartika Intaning Pradhani; Hendry Julian Noor
Yustisia Jurnal Hukum Vol 9, No 3: December 2020
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v9i3.25492

Abstract

This paper aimed to elaborate the participation of Adat Law Community in Public-Private Partnership (PPP) to introduce new approach to replace compensation to more participative and collaborative scheme of infrastructure development in PPP. This article uses the normative legal research with the conceptual, statute, and case approach. This research show that releasing the land used for infrastructure development procurement will abolish the identity of the community. It have shown that failure in recognizing Adat Law Community as rightful party over their land neglects their right to entitle compensation. Furthermore, instead of economically compensating ulayat land of Adat Law Community used for infrastructure development, Adat Law Community’s participation shall be involved in infrastructure development on their land. The active participation of Adat Law Community can be exercised through placing the community as public entity in PPP. For comparison in China, the State does not pay according to market prices to farmers. However, it provides a compensation package that includes employment opportunities for farmers, housing compensation, compensation for crop loss, and / or granting a residence permit in urban areas. This make them eligible for their social welfare such as health insurance, pensions and / or retirement plans, access to high-quality schools and subsidized agricultural goods that were not previously available to farmers
Implementation of Land Certificate Registration Procedures which the Mechanism is Not in Accordance with the General Principles of Good Government: Implementation of Land Certificate Registration Procedures which the Mechanism is Not in Accordance with the General Principles of Good Government Alfrida Rahmadhani Anita Putri; Hendry Julian Noor
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 6 No. 2 (2024)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v6i2.1581

Abstract

This research aims to analyze the implementation of Standard Operating Procedures (SOP) for land certificates registration whose mechanisms are not in accordance with the General Principles of Good Government (AUPB) based on Decision Number 12/G/2019/PTUN.JBI and improvements and changes to the land office for the future regarding the land certificate registration process whose mechanism is in accordance with AUPB. This is normative legal research using a statutory regulation approach and a case approach. The results of this research are the field review stage until the issuance of a certificate of violation of the SOP based on PP 24/1997 and Minister of ATR/KBPN Regulation Number 12 of 2021. The Head of the Jambi City Land Office violated the AUPB, namely the principles of accuracy, legal certainty, fair play, and mixing up authority. Improvements to the land office are that all BPN services will be switched electronically, including electronic certificates for the public carried out in stages. The Touch My Land application overcomes administrative weaknesses. STPN produces skilled measuring officers. PTSL maps village land to minimize overlap. The land certificate registration mechanism must be guided by land regulations and AUPB. Keywords: Standard Operating Procedures; Land Certificate Registration; General Principles of Good Government; Land Office.
Co-Authors Alfrida Rahmadhani Anita Putri Karina Putri Sartika Intaning Pradhani