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PENDAFTARAN PERALIHAN HAK ATAS TANAH SEBAGAI HARTA BERSAMA (Studi Kasus Jual Beli Tanpa Izin Suami, Isteri Dan Anak) Angraini, Yuni; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.7400

Abstract

Registration of the Transfer of Land Rights can be done if a deed of transfer has been drawn up from the PPAT. Registration of the transfer of land rights often results in problems in buying and selling joint property land rights because there is no consent from the husband/wife and their adult children. This research wants to examine, first, what are the legal consequences of transferring rights to land in a joint property without the permission of the husband/wife and their adult children.; second, what is the Head of the Bandar Lampung City Land Office's attitude towards transferring rights to joint property land without the permission of the husband/wife and adult children? This research was conducted using a normative approach and an empirical approach. A normative process is carried out by collecting and studying applicable legal regulations closely related to research problems, including laws and regulations, official documents, and other sources related to the issues explored. An empirical approach is taken by looking at the reality of the registration process at the Land Office. The results of this study indicate that the legal consequences of transferring land rights to joint property without the consent of the husband/wife and adult children can be cancelled because the terms of the agreement still need to be fulfilled. Therefore, the Head of the Land Office of the City of Bandar Lampung refuses to register the transfer of rights if, in the process of buying and selling land rights for joint property, it is known that there is no consent from the husband/wife and adult children.
PENGAKUAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Ariani, Kurnia Dwi; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10531

Abstract

This study aims to determine the legal factors of judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children. The research approach used in this study is normative juridical. The data used in this study are secondary data which include primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained are then analyzed qualitatively. The results of this study indicate that the ambiguous provisions regarding the recognition of illegitimate children in Law Number 1 of 1974 concerning Marriage require the resolution of the case through the application of the Civil Code (KUHPerdata) which has not been formally abolished in the Indonesian legal framework as substantive civil law used in the District Court. The legal considerations of the judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children born before their parents were officially married indicate that the child, Farra Abigail Sherina, is the biological child of the couple Nugroho Fajar Aji and Anissa Alif Putrianti. Furthermore, the applicant's application for recognition of the illegitimate child has met the requirements set out in the Civil Code.
Dampak Alih Fungsi Lahan Pertanian Menjadi Lahan Kering Sanjesti, Winidya; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11650

Abstract

Conversion of agricultural land to dry land is a crucial issue in the context of sustainable development and food security in Indonesia. This change is triggered by various factors, including urbanization, industrialization, and economic pressure on agricultural land. This study aims to analyze the impact of land conversion on environmental, social, and economic aspects. The method used is secondary data analysis from various relevant sources. The results of the study indicate that this change causes land degradation, characterized by decreased soil fertility, increased risk of erosion, and reduced biodiversity. From a social perspective, land conversion contributes to a decrease in farmers' welfare due to decreased agricultural productivity and their income. In addition, the reduction in agricultural land also has a negative impact on local food security and encourages migration to urban areas in search of better sources of livelihood. Economically, land conversion can increase land value and open up new investment opportunities, but it is often not profitable for small farmers who lose their sources of livelihood. Therefore, a sustainable land management strategy is needed through policies that are oriented towards a balance between development needs and natural resource conservation. Collaboration between the government, local communities, and the private sector is key to overcoming the negative impacts of land conversion and maintaining food security and community welfare in the future.
Analisis Yuridis terhadap Notaris yang Berkewajiban Amanah Menurut Pasal 16 Udang-Undang no. 2 Tahun 2014 tentang Jabatan Notaris Nugraha, Naufal Aji; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11765

Abstract

A notary is a public official appointed by the state to carry out part of the public authority, especially in making authentic deeds that have legal force. The role of a notary must comply with various legal provisions stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (Notary Position Law). One of the main obligations that must be carried out by a notary is to act in a trustworthy manner, as stipulated in Article 16 Paragraph (1) Letter a of the Notary Position Law. In Islam, the principle of trustworthiness has a position as one of the basic values that must be applied in community and state life. Trustworthiness is a commendable trait recommended by the Qur'an and Hadith. The obligation of a notary to act in a trustworthy manner as stipulated in the Notary Position Law has strong relevance to the teachings of Islamic law. A study of the obligation of a notary to act in a trustworthy manner according to Article 16 Paragraph (1) Letter a of the Notary Position Law, when viewed from the perspective of Islamic law, is important to provide a more comprehensive understanding of the relationship between positive law and Islamic values. This study aims to analyze the obligation of notaries to act in a trustworthy manner, identify its relevance to the principle of trustworthiness in Islamic law, and examine the law of violations of this obligation.
Kewenangan dan Tanggung Jawab PPAT dalam Proses Pembebasahan Tanah untuk Kepentingan Umum Putri, Deviana; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11784

Abstract

The land acquisition process requires the involvement of various parties, one of which is the Land Deed Making Officer (PPAT). PPAT has an important role in ensuring the validity of land administration through the creation of authentic deeds, such as deeds of sale and purchase, deeds of gift, and deeds of release of rights. In the context of land acquisition for public interest, the authority and responsibility of PPAT are very crucial in ensuring legal certainty for all parties involved. This study aims to find out and understand the authority of PPAT in the process of land acquisition for public interest and to analyze the legal responsibility of PPAT in making words related to land acquisition. The type of research used in this thesis is normative legal research, namely research that focuses on the study of laws and regulations, legal doctrine, legal principles, and relevant literature. This study is used to analyze the authority and responsibility of PPAT as regulated in the positive legal system in Indonesia, especially in the context of land acquisition for public interest. The results show that the PPAT's authority in land acquisition for public interest is to make authentic deeds related to the transfer of land rights, such as deeds of sale and purchase, deeds of release of rights, and deeds of gift. This authority is administrative in nature and does not include the assessment of compensation or determination of land acquisition policies and the legal responsibilities of the PPAT include ensuring the validity of documents and the identities of the parties, as well as ensuring that the transferred land is not in dispute. PPAT's negligence can have legal consequences, both administrative, civil, and criminal.
Perlindungan Hukum PT Pegadaian (Persero) Selaku Kreditur Aras Barang Curian Dijadikan Jaminan Gadai (Studi Putusan Nomor 517/Pid.B/2023/PN SMG) Purwanto, Windy Hanifah; Silviana, Ana
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1665

Abstract

An economy that continues to develop in line with society's current needs. Loans using a pawn system are one of the alternatives chosen for distributing financing funds. However, in practice, there is still the practice of pawning credit systems with goods obtained from criminal acts, which is detrimental to PT Pegadaian (Persero) as the creditor of the pawnbroker. The method used in this research is Normative-Empirical with a qualitative descriptive approach. The results of the research show that, the position of PT Pegadaian (Persero) in this case as a creditor who gave the pawn, even though the collateral originates from a crime, namely, theft, does not necessarily make the company's position as a custodian. This is strengthened by the applicable laws and regulations and based on the considerations of the property judge. the guarantee is returned to PT Pegadaian (Persero). The anticipatory solution for PT Pegadaian (Persero) is that the company can reaffirm the regulations regarding the inclusion of collateral documents such as receipts for purchasing gold jewelry. Or it can be confirmed through a third party regarding ownership of the collateral. Next, the customer needs to make a statement as well as a power of attorney and approval for the goods to be guaranteed from the actual owner of the goods.
Perspektif Hukum Kepemilikan Properti Oleh Warga Negara Asing di Indonesia Rahmatika, Aghna; Silviana, Ana
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1949

Abstract

Sektor properti saat ini sangatlah berkembang sehingga dapat memberikan kesempatan bagi warga negara asing yang berkedudukan di Indonesia untuk membeli properti untuk dijadikan sebagai tempat hunian di Indonesia. Penelitian ini bertujuan untuk mengetahui apa saja syarat-syarat yang harus dipenuhi oleh warga negara asing dalam membeli sebuah properti di Indonesia dan mengetahui perspektif hukum terhadap kepemilikan properti oleh warga negara asing di Indonesia. Metode penelitian yang digunakan adalah yuridis normatif dengan menggunakan bahan hukum primer dan bahan hukum sekunder yang kemudian dianalisis dengan penafsiran hukum terhadap peraturan-peraturan yang terkait. Bahan hukum sekunder berupa jurnal-jurnal hukum dan buku-buku literatur hukum, penjelasan undang-undang, dan internet. Metode pengumpulan data yang digunakan adalah studi dokumen. Studi dokumen merupakan kegiatan mengkaji data-data sekunder dengan menganalisa data tersebut menggunakan pendekatan kualitatif. Hasil penelitian ini menyimpulkan bahwa warga negara asing yang berkedudukan di Indonesia hanya dapat membeli properti dengan status hak pakai karena hak milik seutuhnya hanya dapat diperoleh oleh warga negara Indonesia sesuai dengan ketentuan Undang-Undang Pokok Agraria dan peraturan terkait lainnya. Kats Kunci: Hak; Properti; Warga Negara Asing.
Strategi Menuju Kabupaten Lengkap dengan terus mengakselerasi program Pendaftaran Tanah Sistematis Lengkap (PTSL) di Kantor Pertanahan Kabupaten Pati Hidayati, Triana; Silviana, Ana
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2079

Abstract

In an effort to realize the Modern Land Office as an electronic-based land and space information service center, the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) launched a Complete City/Regency declaration program. The Complete Systematic Land Registration Program (PTSL) is an asset legalization program with a systematic land registration scheme, which means registration starts from village to village, district/city to other districts/cities, until it is completely registered throughout Indonesia. A strategy to improve data quality is needed to accelerate PTSL so that it can move towards a fully registered and mapped Indonesia as well as preparation for facing the main obstacles in realizing a complete district in Pati Regency. This research uses an empirical juridical research method, namely by knowing the strategy for accelerating the PTSL program in accordance with the legal regulations in force at the Pati Regency Land Office. The data sources used in this research are primary data sources and secondary data. Data collection was carried out by means of observation and interviews. This research data analysis is connected to problems which are then researched and described in narrative form. From this research, it can be obtained how the strategy for improving data quality in realizing a Complete City/Regency can be seen from the spatial aspect and the obstacles faced in realizing a Complete District at the Pati Regency Land Office are known.
EVOLVING NOTIONS OF PUBLIC INTEREST: A NEW PERSPECTIVE ON LAND ACQUISITION IN INDONESIA Amal, Bakhrul; Yusriadi, Yusriadi; Silviana, Ana
Indonesia Law Review
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia relating to land issues. The meaning of public interest in land acquisition which is expected to be able to help realize justice, prosperity and welfare for the community turns out that in its implementation it actually causes conflict because it is not in accordance with the principles of balance and justice. The problems that the research tries to answer are: (1) What is meant by public interest according to the applicable laws and regulations? (2) How is the reconstruction of the meaning of public interest in land acquisition for development in the public interest based on the principles of balance and justice? To answer this problem, the paradigm used in this research is the constructivism paradigm, supported by the theory of the rule of law, the theory of legal interpretation, and the theory of corrective justice. The methodology in this research uses sociolegal methodology. From this research, it was found that the meaning of public interest in the Basic Agrarian Law apparently changed inconsistently in the derivative regulations that followed. The correct meaning of public interest is the interest of the nation, state, and society, which continues to pay attention to individual interests and must be realized jointly by the central or regional government and the community and used as much as possible for prosperity, justice, and happiness for society as a whole. The recommendation from this research is the need for consistency in the formation of laws and regulations in accordance with the principles of the rule of law. In addition, the government is expected to pay attention to the principles of balance and justice in the land acquisition process for development in the public interest. The current meaning of public interest needs to be reconstructed according to the objectives of UUPA.
Co-Authors Abid, Mohammad Alfi Adhim, Nur Agustin, Harnia Ahadsa, Avedeanty Aini Nurul Akbar, Moch. Dzulfikar Firstian Rahmatul Al-Fazar, Indah Nuria Alamal Huda, Nur Ayu Amostian, Amostian Amroe Hidayat, Faishal Andila, Silvina Andrianto, Dwi Anggraeni, Nillam Angraini, Yuni Ardani, Mira Novana Ariani, Kurnia Dwi Ariza Fuadi Artika, Shinta Dewi Bakhrul Amal Berliana, Nadia Shafa Ghalia Bimo Ashidiq, Tri Okto Budi Ispriyarso Budi Putra, Jonathan Budiningsih, Eliyana Busro, Ahmad Dewi, Nur Ismayanti Efrianza, Efrianza Emha, Zidney Ilma Fazaada febriauma, immanuella Felliawan, Angry Fernando, Zico Junius Govianda, Cinthya Hamid, Adiyat Anggawijaya Hasibah, lzzatul Hasibuan, Fery Hidayati, Sekar Nur Hidayati, Triana Hutasoit, Gabriel Utami Islamiati, Dea Istiningtyas, Catharina Sinta Anindya Kesumawardhani, Adhiningtyas Brigitha Khafifa Bazar, Berti Nova Koesnedi, Khansa Nafilah Kurnia, Meri Kurniawati, Yanuari Ulfah Masita, Nur Zhafira Maulidiyah, Risti Fitri Miftahul Huda Muhammad Yusril Nadilatunnisa, Nida Najati, Fia Agustina Noni Mia Rahmawati Noor Ulum, Rakhmansyah Akhmad Nugraha, Naufal Aji Nugrahela, Aisha Rifki Nugroho, Rifqi Dwiakta Octavia, Jane Maria Octavia, Selly Dwi Oktavia, Mery Bela Pattikraton, Muhammad Aditya Purwanto, Windy Hanifah Putri, Deviana Rahmatika, Aghna Ramadhan, Satria Ilham Rosana, Annisa Suci Sanjesti, Winidya Santi, IGA Gangga Sapulette, Rivaldo Saputra, Difa Ramadhan Saputro, Daffa Mulyo Septihana, Anisa Ribut Shavitri, Ayuning Dyah Sihombing, Borsak Batara Sinaga, Pidari Sintianisa, Fifi Sinurat, Dendy Francysco Sitohang, Hotman Januari Sugiyanto, Yusal Notarisa Tashfia, Amara Triyono Triyono winanto, winanto Yunita, Farah Rana Yusriadi Yusriadi Yusriyadi Yusriyadi