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Legal Protection of Tongkonan Traditional Land Management in The Traditional Community of Tana Toraja Bernike Mangi; Abrar Saleng; Andi Suriyaman Mustari Pide
Jurnal Hukum Volkgeist Vol. 7 No. 1 (2022): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v7i1.2510

Legal Protection of tongkonan Traditional land management in thetraditonal community of Tana Toraja. Guided by Abrar Saleng, and Andi Suriyaman Mustari Pide. This study aims to explain and analyse form of customary land management in Tongkonan on customary community of Tana Toraja and to explain and analyse possible implications occurred if customary land management in customary community of Tana Toraja were not protected. This research was conducted in the Tana Toraja District seeing several gaps that can eliminate MHA culture from various actions of several parties. This study uses empirical studies. Data collection was carried out by interviews and then analyzed qualitatively. Tongkonan customary land is managed together by each Tongkonan under the supervision of Tongkonan Layuk and is guided by Aluk Tallu Lolona which plays an important role in maintaining environmental sustainability with the belief that all parts of the land are ancestral heritage that must be preserved as a form of appreciation. The implication occurs if the land of Tongkonan is not protected by law is the loss of the characteristics of the culture of indigenous peoples because of various actions to control the land. Therefore we need regulations to protect the rights of indigenous peoples over their land.

Perlindungan Hukum terhadap Hak Penguasaan Tanah Ornamen yang Dialihkan oleh Pihak Lain di Kabupaten Gowa Megawati Putri Ayustini; Abrar Saleng; Ilham Arisaputra
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.824

This study discusses the legal protection of ornamental land tenure rights transferred by other parties in Gowa Regency. The type of research in this research is normative juridical which means the approach is carried out by examining the approaches of theories, concepts, reviewing the laws and regulations concerned with this research or the statutory approach. The type of approach used in this research is the statute approach. The statutory approach is an approach carried out by examining all laws and regulations that are related to the problems (legal issues) that are being faced. The results of this study are: 1) The transfer of rights to ornamental land in Gowa Regency can only be carried out by the Government as the holder of the land rights. Based on Perbup Number 13 of 2018, the Government, in this case the Regent, has the authority to issue permits for land leases. Instead, tenants are required to pay rent fees in the form of levies every year. The lessee is expressly prohibited from transferring the land to another party, whether a person or a business entity, without the permission of the government; 2) Legal protection for holders of lease permits for ornamental land is provided by the Government in the form of an Approval Letter. Tenure rights end at the end of the period the agreement is given. If the lessee transfers the land to another party (third party), then without the government's knowledge, the Letter of Approval must be null and void. Because the subject of the letter has changed

Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan Hasti, Armin; Saleng, Abrar; Sumarji, Juajir
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3218

The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations

Perizinan Sempadan Sungai Terhadap Usaha Rumah Makan Terapung Khalik, Widya Dwi Erika Idham; Saleng, Abrar; A.Sapiddin, Andi Syahwiah
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4609

This study aims to analyze the arrangements related to the utilization of the river riparian which is used as a restaurant business in the Tello Baru Sub-District, Makassar City and to analyze the form of government supervision of the implementation of river riparian utilization permits in the Tello Baru Sub-District, Makassar City. This research is an empirical research, where the data is qualified as primary and secondary data. Primary data was obtained through interviews, and secondary data was obtained through literature studies. The data collected is then processed using a qualitative analysis approach.The results of the study show that the utilization of river banks which are used as a restaurant business in Tello Baru Village, Makassar City is not in accordance with the Decree of the Minister of PUPR Number 1559/KPTS/M/2020 which states that river banks can only be used for certain activities and certain buildings, which include: Buildings natural resources infrastructure, bridge and wharf facilities, gas and drinking water pipelines, electrical and telecommunication cable stretches, other activities as long as they do not interfere with the function of the river, including activities to plant vegetables, and electricity buildings. So that the use of the Tello River opportunity for floating restaurant activities can be said to not realize orderly spatial planning. And then the form of government supervision of the implementation of river riparian utilization permits in Tello Baru Village, Makassar City is felt to be lacking, in this case the Pompengan Jeneberang River Basin Center (BBWS) as the vanguard of the Ministry of PUPR as the guardian of Law No. 17 of 2019 concerning Water Resources is considered to be still not active in monitoring the abuse of the Tello River border area resulting in violations of the use of the river border. as it is now. The Pompengan Jeneberang River Basin Center (BBWS) is considered to be lacking in coordination and cooperation with the City Government and Village Governments through which the Tello River passes.

Ketidaksesuaian Penyampaian Harga Tanah: Tanggung Jawab Pejabat Pembuat Akta Tanah Afifah, Salwah Nur; Saleng, Abrar; Nur, Sri Susyanti
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4589

This study aims to analyze the PPAT's responsibility for the land sale and purchase deed he made in the event that the parties do not convey the actual land price and analyze the validity and consequences that will arise if the land sale and purchase deed does not include the actual land price. This research is normative research, where in this research the subject matter of the study is in the form of the application of normative law in action to any particular legal event that occurs in society. The results of the study show that if the PPAT knows that the price entered by the parties is included in the sale and purchase agreement, the PPAT must refuse to make the sale and purchase deed. In addition, it is mandatory for PPAT as an extension of the government to play an active role in providing counseling or guidance to prospective buyers and sellers not to reduce the actual price of the land sale and purchase price between them. Then regarding the validity and consequences that will arise in the future if the land sale and purchase deed does not include the actual price of the land and without the PPAT knowing as the maker, it can result in the land sale and purchase deed (authentic deed) degrading its evidentiary power to a private deed because it has been made with ways that deviate or are not in accordance with procedures both materially and formally. And it is possible that in the future it will be discovered that the price stated in the land sale and purchase deed is incorrect, so there is a possibility that the parties (seller and buyer) may be entangled in Article 266 paragraph (1) of the Criminal Code.

Kewenangan BKPM dalam Mencabut Izin Usaha Pertambangan Hasti, Armin; Saleng, Abrar; Sumarji, Juajir
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3218

The government's consideration in granting mining business permits is based on economic factors and state revenue and to maximize the utilization of mining potential to be processed and produced. The granting of mining business permits (IUP) by the Investment Coordinating Board (BKPM) provides benefits to the state and aims to present efficient and just mining management to the community. But in reality, as many as 1,118 mineral and coal mining company permits were revoked by BKPPM because they did not submit a work plan and budget (RKAB) and were not carried out. This research is a normative legal research by examining library materials or secondary data. This study uses a statutory approach, and a theoretical approach. Legally, IUP revocation has 3 (three) classifications, namely IUP revocation because the IUP holder does not carry out his obligations, commits a criminal act, and goes bankrupt. However, in reality many IUPs were revoked by the Head of BKPM because they were deemed not to comply with legal provisions, even though the authority possessed by the Head of BKPM did not yet have sufficient legal instruments to revoke the IUP because the basis of authority possessed by the Head of BKPM was only based on the Regulation of the Minister of Energy and Mineral Resources, even though legally based on the provisions of the law the delegation of authority received must be based on government regulations and or presidential regulations

Senjata Api sebagai Mas Kawin Pada Masyarakat Adat di Pegunungan Arfak Papua Barat Caprina, Decyana; Saleng, Abrar; Azisa, Nur
Al-Mizan (e-Journal) Vol. 20 No. 1 (2024): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v20i1.4125

This study aims to analyze the validity of firearms as dowry and the legal consequences arising from the existence of Papuan customary law in the Arfak Mountains of West Papua. This research is a normative-empirical research with a statutory approach and a legal sociology approach. The types and sources of law used in this research are primary data sourced from observation, interviews, and documentation, as well as secondary data derived from literature. Furthermore, the collected data is analyzed with qualitative description. The results showed that: (1) the validity or legality of firearms as a dowry does not apply to the marriage of the mountain people of the Arfak tribe. This is because firearms can only be owned by law enforcement officers and security forces who have permission to use firearms; (2) the legal consequences of the enactment of Arfak tribal customs regarding the provision of firearms as dowry are considered valid because firearms are only a symbol in the customs of indigenous tribes and are considered to have historical values that have been passed down from generation to generation, and are not an aspect that cancels a marriage.

Perlindungan Hukum terhadap Hak Penguasaan Tanah Ornamen yang Dialihkan oleh Pihak Lain di Kabupaten Gowa Ayustini, Megawati Putri; Saleng, Abrar; Arisaputra, Ilham
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.824

This study discusses the legal protection of ornamental land tenure rights transferred by other parties in Gowa Regency. The type of research in this research is normative juridical which means the approach is carried out by examining the approaches of theories, concepts, reviewing the laws and regulations concerned with this research or the statutory approach. The type of approach used in this research is the statute approach. The statutory approach is an approach carried out by examining all laws and regulations that are related to the problems (legal issues) that are being faced. The results of this study are: 1) The transfer of rights to ornamental land in Gowa Regency can only be carried out by the Government as the holder of the land rights. Based on Perbup Number 13 of 2018, the Government, in this case the Regent, has the authority to issue permits for land leases. Instead, tenants are required to pay rent fees in the form of levies every year. The lessee is expressly prohibited from transferring the land to another party, whether a person or a business entity, without the permission of the government; 2) Legal protection for holders of lease permits for ornamental land is provided by the Government in the form of an Approval Letter. Tenure rights end at the end of the period the agreement is given. If the lessee transfers the land to another party (third party), then without the government's knowledge, the Letter of Approval must be null and void. Because the subject of the letter has changed

PERLINDUNGAN HUKUM TERHADAP PEMEGANG ALAT BUKTI TERTULIS BEKAS TANAH ADAT Arohmahani Ranti Saputri; Abrar Saleng; Susyanti Nur
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 9, No 7 (2022): JUSTITIA : Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/justitia.v9i7.%p

Penelitian ini mengkaji tentang perlindungan hukum terhadap pemegang alat bukti tertulis bekas tanah milik adat. Tipe Penelitian yang digunakan dalam penulisan tesis ini adalah penelitian hukum normatif (normative legal research) penelitian untuk menguji suatu norma atau ketentuan yang berlaku. Juga dapat dikatakan sebagai penelitian yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder. Penelitian hukum doktrinal. Metode pendekatan yang digunakan adalah metode pendekatan konseptual.Berdasarkan apa yang telah dijabarkan pada bab-bab sebelumnya, maka dapat di tarik kesimpulan sebagai berikut Bentuk perlindungan hukum terhadap pemegang alat bukti tertulis bekas tanah milik adat yaitu Bentuk perlindungan hukum terhadap pemilik perorangan pemegang alat bukti tertulis tanah bekas miliik adat melalui 2 (dua) cara: preventif dan represif. Perlindungan hukum preventif dalam bentuk kantor pertanahan melakukan pendataan secara aktif dengan mendatangi pelosok desa atau kampung, bekerjasama dengan perangkat desa atau pemangku adat setempat, mendatangi pemegang alat bukti tertulis bekas tanah milik adat agar bisa didaftarkan dan mensosialisasikan PP No 18 Tahun 2021 termasuk akibat hukumnya apabila tidak didaftarkan. Sedangkan perlindungan hukum represif dalam bentuk mengajukan hak uji materi (judicial review) PP No 18 Tahun 2021 ke Mahkamah Agung, khususnya Pasal 96 oleh pemilik perorangan pemegang alat bukti tertulis bekas tanah milik adat tersebut karena merasa dirugikan dengan berlakunya PP tersebut untuk mempertahankan hak hukumnya.

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