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All Journal Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Sri Setyadji
Universitas 17 Agustus 1945 Surabaya
Law, Crime, Criminology & Criminal Justice

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KEDUDUKAN HUKUM PEMEGANG HAK ATAS TANAH EIGENDOM VERPONDING DALAM PENGUASAAN TANAH OLEH PEMERINTAH Ika Sistia Wulan Sari; Sri Setyadji
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.135

Abstract

The purpose of writing this journal to examine the position and  legal protection for holders of western land rights, namely Eigendom Verponding, which has not been converted into Property Rights in accordance with Law Number of 1960 concerning Basic Agrarian Provisions ('UUPA'), even time limit which is 20 years from the enactment of the LoGA until September 20, 1980, and there is a provision that states that the west does not change its land during the conversion period, it will be direct controlled by the but in fact, there are legal subjects who hold Eigendome Verpondinge land rights who have not converted their land directly controlled by the government and submitted an application to the court and the decision was to win the lawsuit of the Eigendom Verponding land right holder so the writer is interested to examine these problems, using normative juridical research methods through approach to laws, conceptual, cases and also history related to legal issues so that the research results are found that, in PP Number 24 of 1979 concerning Land Registration Article 24 paragraph (1))for the purposes of land registration of former rights can stillobe started systematically and sporadically. This has resulted in the absence of legal balance between the hierarchy of laws and regulations according to Article 7 of Law Number 12 of 2011 which has a higher degree of UUPA compared to Government Regulation Number 24 of 1997 so that regulations with a higher degree must refer to regulations of a higher degree, if in the legal principle lex superior derogat legi inferiori  
BATAS WAKTU WARGA NEGARA ASING MELEPASKAN HAK MILIK YANG DIPEROLEH KARENA PEWARISAN Ibnu Maulana Muhammad; Sri Setyadji
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.184

Abstract

The state in addition to controlling is also obliged to regulate all natural resources of Indonesia with the aim of prosperity of the people. In the task of regulating that the state through the government also determines the right to land for its people, one of which is property rights. Individually this right can only be owned by Indonesian citizens. The attitude by renouncing Indonesian citizenship makes this affect the deadline for acquiring land rights due to inheritance. The 1-year deadline normatively does not provide legal certainty and is not an expectation. The research used is normative research, which describes and explains the core of the problem sourced from existing legal rules such as the UUPA, the Citizenship Law and other related regulations. With this method, it can provide a solution to determine the start of a 1-year deadline by the UUPA for heirs who have renounced Indonesian citizenship to transfer their property rights. Land registration in principle in addition to providing legal certainty is also of course to meet the principle of publicity. Through this means of land registration can be a sure way out against the determination of that time limit while respecting the civil rights of the heirs
AKIBAT HUKUM DALAM PEMALSUAN SURAT TERHADAP TINDAK PIDANA PERTANAHAN PADA PENDAFTARAN TANAH Nazilah Maghfiroh; Sri Setyadji
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.155

Abstract

Land registration is a series of activities carried out by the government regularly and continuously. Includes processing, data collection, accounting and maintenance of factual and legal data in the form of maps and inventories of land and residences, as well as issuing certificates of land rights with ownership rights and existing residential units in accordance with Government Regulation No. 24 of 1997. The study discusses the legal consequences of falsifying land registration documents using a normative, juridical, and a statutory, and conceptual approach. The study results show that there is an imbalance between the amount and area of ??available land, which does not increase, so that the need for community use increases, causing land to become very important, leading to state interference through officials in the land law order. The forgery of the letter is part of an effective concentration on sensitive legal issues or the absence of existing regulations in Indonesia. The crime of forging letters is endless, all of them are listed in Article 263 of the Criminal Code. Facts prove that there are still many rights of every person that some letter makers ignore, causing losses
PENANGGUHAN PEMBAYARAN PAJAK PPH DAN BPHTB SEHUBUNGAN DENGAN PENDAFTARAN TANAH SISTEMATIS LENGKAP BERDASARKAN PERALIHAN HAK JUAL BELI Aldi Sagita Hasibuan; Sri Setyadji
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.237

Abstract

Complete systematic land registration is land registration carried out for the first-time issuing certificates. The implementation of complete systematic land registration must guarantee certainty and legal protection of land ownership. Therefore, to provide comfort to landowners and authorities of a land plot, legal land registration is very important for the community. accelerating land registration is a must. There is an important issue regarding the legal certainty of rights to land registration, namely the transfer of rights in relation to PPH and BPHTB taxes payable. Article 33 of Minister of Agrarian and Spatial Planning/Head of National Land Agency Regulation No. 6/2018 is legally weak. The regulation does not yet regulate the formulation and procedures for payment of income tax and BPHTB payable. because Article 90 of Law No. 28 of 2009 concerning Regional Taxes and Regional Retribution, tax is payable due to legal actions, namely the transfer of rights, which can be caused by buying and selling, and inheritance. Thus, strengthen the rules regarding PTSL in Government Regulations, by revising Permen No. 6 of 2018 and/or forming a separate PP regarding PTSL, which basically regulates the problems described above. The method used in this research method is conceptual approach The conceptual approach is carried out when the researcher does not depart from the existing legal rules. This is done because there is no or no legal rule for the problem at hand.
KEDUDUKAN HUKUM HAK ATAS TANAH DALAM PERKAWINAN CAMPURAN Rizky Amalia; Sri Setyadji
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.239

Abstract

Indonesian citizens have the right to own land rights. However, for Indonesian citizens who carry out mixed marriages, there are exceptions, namely that an agreement on the separation of assets must be made. So that in this study there are 2 (two) problem formulations, namely: 1. What is the legal position of land rights in mixed marriages? 2. Can land rights from mixed marriages have the status of property rights? This research is normative juridical research using 3 (three) approach methods, namely statutory approach, conceptual approach, and case approach. And the results of the study found that based on the Constitutional Court Decision Number 69/PUU-XIII/2015, an agreement on the separation of assets can be made at the time of marriage, before the marriage takes place, or while in a marriage bond. Then based on the provisions of Article 21 Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles juncto Article 3 Government Regulation of the Republic of Indonesia Number 103 of 2015 concerning Ownership of Residential or Residential Houses by Foreigners Domiciled in Indonesia, Indonesian Citizens who carry out Mixed marriages can have the same land rights as other Indonesian citizens who do not carry out mixed marriages, but this must be proven by an agreement on the separation of assets
Co-Authors Aldi Sagita Hasibuan Aref Darmawan Ibnu Maulana Muhammad Ika Sistia Wulan Sari Nazilah Maghfiroh Rizky Amalia Sarah Bambang