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PENGADAAN TANAH DENGAN CARA JUAL BELI OLEH INSTANSI PEMERINTAH MENURUT PASAL 33 AYAT (3) UUD 1945 Dedy Hernawan
JURNAL LITIGASI (e-Journal) Vol 16 No 1 (2015)
Publisher : Fakultas Hukum Universitas Pasundan

The Development of physical infrastructure always requires the availability of land, it is not limited to the State land but also to the land rights. Small-scale land acquisition in the area of less than five (5) acre, can be bought or sold between government agencies with land owners, then the land belongs to the government or local government. This provision is problematic because according to Indonesian laws, the land is controlled by the State instead of owned. The writer will conduct the research with the aim of knowing the Judicial consequences of the implementation of land for development in the public interest by sale and purchase as stipulated in the laws. Knowing supposed to be done by government institution in order to land acquisition for public development. From the research it can be concluded that: Knowing the Judicial consequences of the implementation of land for development in the public interest by sale and purchase as stipulated in the law number 2 year 2012 on procurement land for development for public interest, presidential decree number 40 year 2014 which resulted in the land of inheritance of government, is contrary to the provision set forth in article 33 paragraph 3 of the constitution 1945 and the provision of the basic law of agrarian number 5 year 1960. The supposed to be done by government institution in order to land acquisition for public development is trough waiver process/or extraction right by compensation, the amount of compesation itself supposed to be based on the price not based on the tax value of the land. Keywords: land; buying and selling; waiverPembangunan sarana prasarana fisik memerlukan ketersediaan tanah, baik tanah negara dan tanah hak. Pengadaan tanah dalam skala kecil yang luasnya kurang dari 5 (lima) hektar, dapat dilakukan dengan jual beli antara instansi pemerintah dengan pemilik tanah, tanahnya kemudian menjadi milik pemerintah atau pemerintah daerah. Penelitian ini membahas konsekuensi yuridis pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum dengan cara jual beli oleh instansi pemerintah dengan pemilik tanah menurut perundang-undangan, membahas cara yang seharusnya dilakukan oleh instansi pemerintah dalam pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum. Hasil penelitian mengenai konsekuensi yuridis pelaksanaan pengadaan tanah bagi pembangunan untuk kepentingan umum dengan cara jual beli sebagaimana diatur dalam UU No. 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Perpres No. 40 tahun 2014 yang mengakibatkan tanah tersebut menjadi tanah milik pemerintah/pemerintah daerah adalah bertentangan dengan ketentuan yang diatur dalam Pasal 33 ayat (3) UUD 1945 dan ketentuan UUPA No. 5 Tahun 1960. Cara yang seharusnya bagi pembangunan untuk kepentingan umum yang sesuai dengan Pasal 33 ayat (3) UUD 1945 adalah melalui proses pelepasan hak dan/atau pencabutan hak dengan pemberian ganti rugi, seyogyanya besaran ganti rugi tersebut didasarkan pada nilai harga jual beli bukan berdasarkan nilai jual objek pajak.Kata kunci : tanah; jual beli; pelepasan hak

Akuntabilitas NGO dan Kontrol Publik Dedy Hernawan
Jurnal Administrasi Publik Vol. 3 No. 2 (2004): Jurnal Administrasi Publik, Volume 3, Nomor 2, Oktober 2004, ISSN 1412 - 7040
Publisher : Centre for Public Policy and Management Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (222.916 KB)

In the essence of NGO as living organization in public domain which is born from the public, acted as public agent and perform the mission on behalf of public, actually the public have the right to demand its accountibility. The accountability of NGO should be horizontally and vertically spread out into interrelated stakeholder. The expected accountability should be supported by the responsibility of their actions in the midst of public. The accountability will be effective if supported by trust and political will from the whole of stakeholder, so the accountability will manifest as founded control interaction on the base of positif social value of public. Kata Kunci : akuntabilitas NGO, publik, trust, good governance

Juridical Overview Of Ulayat Land Dispute Resolution And Its Existence Dedy Hernawan
Jurnal Info Sains : Informatika dan Sains Vol. 13 No. 01 (2023): Jurnal Info Sains : Informatika dan Sains , Maret 2023
Publisher : SEAN Institute

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This study give clear picture about complexity conflict land ulayat in Indonesia and its importance confession as well as protection to right customary law as solution for solution conflict in public. This study use approach qualitative juridical with dig depth presenting issue analysis deep . Emphasis on recognition and protection right customary law as part from system law agrarian national show that awareness importance enter values local and wisdom local in regulations law national. This is important No only guard justice for public custom but create certainty necessary laws for all holder interest. Confession to right customary law No only formal , but also necessary accompanied with effective implementation in the field . This matter covers improvement awareness and understanding public as well as enforcement consistent law, and justice from party authorized . Customary rights as alternative solution conflict land that has not resolved, therefore with approach in a way holistic and inclusive in solution dispute land customary, can contribute in create environment conducive and stable social, economic, and political, as well support realization orderly administration land in a way overall in Indonesia.

The Legal Certainty for Land Rights Holders Due to the Issuance Certificates Overlap of Certificates (Overlapping) on property Rights Certificate No. 60 Certificate Issued in 1956 and Certificate of Ownership No. 01729 Published in 2019 is Linked to Government Regulation No. 24 of 1997 on Land Registration. Nurussabila Aulia; Dedy Hernawan
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.983

Overlapping is a case of land that often occurs and accumulates in Indonesia, namely the certificates in the map placement overlap between one owner and another. This overlapping has happened so many times that cases have piled up, one of the causes of overlapping is that National Land Agency employees are negligent and irresponsible in carrying out their responsibilities in protecting and providing security to the community. The research method used is the Juridical-Normative approach method, the Juridical Qualitative analysis method, using Descriptive-Analytical research specifications by prioritizing legal objective theory. Errors that occur in practice are in the implementation of measurements, registration and mapping which are not carried out directly and in a systematic manner to obtain protection and certainty over ownership of land parcels and land boundaries so that parties obtain the benefits.

Post-Divorce Division Of Marital Assets From The Perspective Of The Maslahah Mursalah Theory Yani, Encep Ahmad; Latipulhayat, Atip; Hernawan, Dedy
Riwayat: Educational Journal of History and Humanities Vol 8, No 3 (2025): July, Social Studies, Educational Research and Humanities Research.
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/jr.v8i3.47945

Joint property from an Indonesian Islamic jurisprudence perspective is equated with the concept of syirkah., as regulated in Article 1 letter f of the Compilation of Islamic Law (KHI) which states that "Property in marriage or syirkah". Further regulations are contained in Article 97 of the KHI which states that "Widows or widowers who are divorced are each entitled to half of the joint property, as long as it is not stipulated otherwise in the marriage agreement." However, in practice, this provision has experienced deviations in various Religious Court decisions. The composition of the division varies, such as 1/3 to 2/3, to , even up to 1/5 to 4/5. This raises a number of problems, including: how to classify husband and wife obligations, how to implement the formula and form of division, and how the concept of distribution of joint property after divorce is reviewed from the perspective of the theory of benefit. The focus of this research is more on the Distribution of Joint Property After Divorce with the Parameters of Husband and Wife Obligations from the Perspective of the Theory of Maslahah Mursalah. This research method is descriptive analysis, while the approach method used is normative juridical. The research stage used is carried out in 2 (two) stages, namely: library research and field research. The data collection technique used in this research is as follows:documentand interviews. The obligations and prohibitions of husband and wife from the perspective of the theory of benefit are classified based on their urgency into three categories: dharuriyyah (primary), hajiyyah (secondary), and tahsiniyah (tertiary). In judicial practice, the implementation of the division of joint assets is based on the theory of syirkah. Religious court decisions show the existence of legal flexibility, which is evident from the variation in the composition of the division such as 4/5 and 1/5, 2/3 and 1/3, and 3/4 and . From the perspective of the theory of benefit, the division of joint assets reflects the value of contextual justice, for example (1) If the husband works and the wife takes care of the household, the husband gets 58%, the wife 42%. (2) If the wife continues her domestic role but has an emotional relationship with another man, then the division becomes 70% for the husband and 30% for the wife.

JOINT HANDLING OF CORRUPTION CRIMINAL ACTS BETWEEN LAW ENFORCEMENT OFFICERS (POLICE-PROSECUTOR-KPK) AS SEEN FROM THE THEORY OF INTEGRATIVE LEGAL Nawawi Pomolango; T Subarsyah; Dedy Hernawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.7060

Law enforcement efforts to uncover corruption crimes is not limited to convicting or imprisoning the perpetrators , but also involves recovering state losses by returning the assets and property they have misappropriated . This law enforcement effort is supported by the Draft Law on Asset Confiscation (Asset Confiscation Bill). This approach aligns with integrative legal theory , which emphasizes that multiple law enforcement agencies must collaborate in addressing corruption crimes . There is a legal basis for the cooperation between the Indonesian National Police, the Attorney General's Office, and the Corruption Eradication Commission (KPK) in handling corruption cases . In practice , however , there are still overlapping authorities and legal gaps arising from regulations , policies , or other statutory provisions , which can potentially lead to conflicts , deficiencies , or inefficiencies in tracing corruption cases . Therefore , this study aims to analyze the joint handling of corruption cases by law enforcement agencies in Indonesia, namely POLRI, the Attorney General's Office, and KPK, in the enforcement of anti -corruption laws . This study aims to analyze the joint handling of corruption cases by POLRI, the Attorney General's Office, and KPK in enforcing anti -corruption laws in Indonesia. Findings indicate that this collaboration is built on a solid legal framework and seeks to ensure law enforcement that is transparent , professional , and integrity-driven . In practice , several challenges remain , including overlapping authorities , weak coordination , sectoral egos, political interference , limited human resources , differences in standards operating procedures ( SOPs ), and inadequate data sharing . Recommended solutions include regulatory harmonization , SOP alignment , strengthening coordination through regular forums , enhancing professionalism and ethics among law enforcement officials , leveraging digital technology (e-audit, e- prosecution ), and empowering public participation to foster anti - corruption culture . The recovery of state financial losses in corruption cases is a critical component of anti -corruption efforts , highlighting the necessity of ratifying the Draft Law on Asset Confiscation to ensure effective restitution . Comparatively , the United States recovers losses swiftly through litigation and strict regulations ; Singapore experiences minimal losses due to effective prevention and assets seizure ; Malaysia faces significant losses with slow recovery processes ; whereas Indonesia continues to encounter challenges in coordination and regulatory implementation , resulting in suboptimal recovery of state assets

Menilai Dampak Peraturan Pengembangan Lahan terhadap Nilai Tanah Adat: Studi Kasus Rempang dan IKN di Indonesia Hernawan, Dedy
Society Vol 11 No 2 (2023): Society
Publisher : Laboratorium Rekayasa Sosial, Jurusan Sosiologi, FISIP Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/society.v11i2.584

The relocation of Indonesia’s capital city from Jakarta to East Kalimantan (IKN Nusantara) is an ambitious project aimed at reducing pressure on Jakarta and promoting more balanced development across the country. However, land development regulations in IKN often conflict with the customary land values held by local communities. Additionally, land rights regulations under the IKN Law contradict the agrarian reform goals intended by the Basic Agrarian Law of 1960. A similar situation occurs in Rempang, where Indigenous communities are burdened with proving ownership of land that is being “seized” under the National Strategic Project (PSN). This is in stark contrast to the constitutional spirit of protecting indigenous rights, which only requires recognition “as long as they still exist.” This study aims to assess the impact of land development regulations on customary land values, focusing on case studies in Rempang and IKN Nusantara in Indonesia. A qualitative approach is used in this research, with data collection methods including in-depth interviews with local stakeholders, policy document analysis, and participatory observation. Rempang and IKN were chosen as case studies because they represent conflicts between development regulations and customary land values. The research found that land development regulations often disregard the rights of indigenous communities, leading to conflicts and dissatisfaction among local communities. In Rempang, Indigenous communities face significant challenges in proving their land ownership, which is constitutionally recognized but overlooked in the implementation of PSN policies. In IKN Nusantara, the implementation of national policies shows significant gaps with local practices, exacerbating tensions and dissatisfaction. Additionally, the study reveals a lack of effective mechanisms to involve indigenous communities in the decision-making process regarding land development, leading to further exclusion and marginalization. To achieve sustainable and inclusive development in IKN Nusantara and Rempang, policymakers must consider and integrate customary land values into development regulations. Policy recommendations include more intensive consultations with indigenous communities, stronger recognition of indigenous land rights, and revising regulations to respond more to local needs. A more participatory and inclusive approach is necessary to reduce conflicts and ensure development benefits all stakeholders. In Rempang, in particular, fair and transparent mechanisms are needed for land rights proof in line with the constitutional spirit.

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