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All Journal Jurnal Syntax Transformation Jurnal Ilmiah Raad Kertha
Siti Nurmawan Damanik
Universitas Mahendradatta
Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengaturan Kepemilikan Satuan Rumah Susun Bagi Warga Negara Asing Menurut Peraturan Menteri Agraria Dan Tata Ruang/ Kepala Badan Pertanahan Nasional RI Nomor 29 Tahun 2016 Siti Nurmawan Damanik; Gusti Ayu Kade Komalasari
Jurnal Ilmiah Raad Kertha Vol 3, No 1 (2020)
Publisher : Universitas Mahendradatta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (147.244 KB) | DOI: 10.47532/jirk.v3i1.170

Abstract

The need for homes for individuals, both for a residence and for a place ofbusiness, is the most felt need to be fulfilled. This need is not only for Indonesian Citizens(WNI) but also for the needs of Foreign Citizens (WNA) who are located or working oropening their business activities in IndonesiaIssues discussed are: legal arrangements regarding ownership of apartment units forforeign nationals in Indonesia and legal certainty for foreign nationals in possessingapartment units in Indonesia. Arrangements for foreigners to have flats in Indonesia, theGovernment issued Government Regulation Number 103 of 2015 concerning ForeignOwnership of Residential Houses or Resettlement in Indonesia and the implementingregulations, namely Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of National Land Agency Number 13 of 2016. However, ATR Minister Regulation No. 13 of 2016 is considered to be less than optimal, so the Minister of Agrarian replacesthe Ministerial Regulation with Regulation of the Minister of Agrarian Number 29 of 2016which regulates the same thing. With the issuance of a Certificate of Property Rights inthe Flats, a legal certainty is guaranteed, which is one of the objectives of the constructionof flats. As a suggestion, it is necessary to make specific arrangements regardingownership of apartment units by foreigners, as far as providing benefits to the State andnation of Indonesia, bearing in mind that these regulations are still regulated in severalregulations, but there is no specific regulation concerning ownership of apartment unitsfor these foreign nationals. Indonesian citizens are more prudent in carrying out legalactions involving foreign citizens so as not to pose risks in the future.
The Authority of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency in the Legal Protection of Land Rights Holders whose Transfer of Rights is Revoked Ni Wayan Ari Susanti; Nurianto RS; Siti Nurmawan Damanik
Jurnal Syntax Transformation Vol 5 No 7 (2024): Jurnal Syntax Transformation
Publisher : CV. Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jst.v5i7.985

Abstract

Disputes over the transfer of land ownership rights through sales often arise in the community due to Indonesia's land registration system, which follows a negative system. This system allows for multiple legal defects in registered land rights certificates, potentially leading to cancellation requests. This research addresses two main issues: the authority of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) in handling land cases and the form of legal protection for land rights holders whose transfers are cancelled. This normative legal research employs a statutory and case approach, using document studies for data collection and analyzing the data through descriptive methods and legal analogies (argumentum per analogy). The study concludes that the ATR/BPN's authority in handling land cases is outlined in Permen ATR/BPN No. 21 of 2020. The agency offers two alternatives for resolving disputes: judicial settlement for court decisions and mediation for a win-win solution and peace agreement. Additionally, legal protection for land rights holders, particularly third parties with certificates cancelled due to administrative defects, can be provided both preventively and repressively to ensure legal certainty and protection for all parties involved.
Co-Authors Gusti Ayu Kade Komalasari Ni Wayan Ari Susanti Nurianto RS