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Journal : Pembaharuan Hukum

The Concept of Protection of Land Rights Certificate Holders in Realizing Legal Certainty Firmansyah, Arif; Jamilah, Lina; Irawati, Irawati
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.38885

Abstract

Land registration is carried out to regulate the legal relationship between the landowner and the land itself. Land registration has the aim of creating legal certainty. Landowners do land registration has a strong evidentiary tool that is in the form of a certificate of land rights. The intention of proving a strong land certificate is that the land certificate can still be cancelled, with the possibility of land certificates being cancelled; then, the cancellation harms the holder of land rights. In addition, people who have controlled the land for more than 20 years must be evicted due to losing the lawsuit for ownership rights. Hence, people who have utilized and maintained the land get losses because they cannot control the land anymore. The research method used is normative juridical with a statutory and conceptual approach. The result of this research is the Concept of Protection of Certificate Holders of land rights in realizing legal certainty is done by applying the Social Tenure Domain Model, acquisitive perjuring someone to get land with acquisitive verjaring for 20 years of controlling the land in good faith, rechtverwerking due to 20 years of not using and utilizing the land will be deprived of land rights. So, a person who has obtained a certificate of land rights is protected because the state guarantees it.
Law Enforcement and Liability of Government Officials for Spatial Planning Violations at PIK-2 Area Tangerang Regency Chadijah, Siti; Yusdiansyah, Efik; Jamilah, Lina
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46666

Abstract

Determination Project National Strategic Area in the Pantai Indah Kapuk-2 (PIK-2) area, Tangerang Regency, has caused polemic Because suspicion spatial planning violations and lack of analysis impact environment as well as social for public around. Research This aim analyze policy determination of PIK-2 as Project National Strategic and enforcement justice in implementation regulations the method law normative used with reviewing secondary data in the form of regulation legislation and documents related. Findings main show that determination of PIK-2 not in accordance with Constitution Number 26 of 2007 concerning Spatial Planning and Banten Regional Regulation Number 1 of 2023. Regulatory process done without notice spatial planning regulations and impacts environment in a way comprehensive and minimal involvement community. Impact identified concrete covering damage environment coast and loss access public to land productive. Research propose giving sanctions in the form of enforcement law strict to the issuing official regulations No in accordance rules to avoid violations in the future. The implication is that enforcement more laws strong and evaluation repeat PIK-2 Project National Strategic policy is important done with involving community and stakeholders interests so that development walk sustainable, fair, and maintain sustainability environment as well as social.