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All Journal Formosa Journal of Applied Sciences (FJAS) JUSTICIA SAINS: Jurnal Ilmu Hukum Unifikasi : Jurnal Ilmu Hukum
Ati Yuniati
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Control & Systems Engineering Decision Sciences, Operations Research & Management Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Model Pengaturan Pendaftaran Tanah (Barang Milik Daerah): Konsekuensi Perubahan Urusan Pemerintahan Daerah Ati Yuniati
JUSTICIA SAINS - Jurnal Ilmu Hukum Vol 3, No 2 (2018): JUSTICIA SAINS: Jurnal Ilmu Hukum
Publisher : Universitas Sang Bumi Ruwa Jurai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24967/jcs.v3i2.359

Abstract

Agricultural Land Pawn as a Social Institution in Wono Agung Village, Tulang Bawang Regency Raswanto; FX Sumarja; Ati Yuniati
Formosa Journal of Applied Sciences Vol. 2 No. 12 (2023): December 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjas.v2i12.7090

Abstract

This research focuses on agricultural land pawning, distinguishing between non-agricultural and agricultural land pawning agreements. Regulations governing agricultural land pawning, such as Government Regulation in Lieu of Law No. 56/1960, aim to protect the interests of farmers, Social institutions can act as institutions that facilitate the process of providing loans with land collateral. The increase in agricultural land pawning has created several problems. There is a disproportion between the pawn holder and the landowner. The legal weakness in the pawn agreement is that it is often done orally without a written agreement. The agricultural pawn practice acts as a social institution, providing a source of informal credit for farmers who find it difficult to access formal financial institutions.
Strengthening Social Function of Land Rights to Achieve Justice and Community Welfare Ati Yuniati; FX. Sumarja; Sepriyadi Adhan S; Keysa Bila Aldama
Unifikasi: Jurnal Ilmu Hukum Vol. 12 No. 02 (2025)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v12i02.910

Abstract

The principle of social function of land rights in distributing agricultural land is major in promoting equitable land use and improving welfare of communities. Therefore, this study aimed to analyze how regulations on land sharecropping agreements are enforced and how social function of land rights is implemented. A socio-legal method was used by reviewing agrarian regulations and presidential instructions, combined with empirical, descriptive, and qualitative juridical data from in-depth interviews with 20 farmers and landowners. The study was conducted in Wono Agung Village, Tulang Bawang Regency, Indonesia. The results showed that regulations governing land sharecropping agreements were reviewed in agrarian regulations and enforced in presidential instructions. The implementation of social function of land rights showed that most sharecropping agreements were informal, without written documents or the presence of witnesses. The lack of a clearly defined duration rendered the agreements susceptible to unilateral termination. Although the sharecropping ratios largely followed the established provisions, namely maro 1:1 for rice and mertelu 1:2 for secondary crops, the calculation of cost was not comprehensive. A low level of community awareness of agrarian regulations had contributed to the continued dominance of customary law. This study assumed that the implementation of social function principle in Wono Agung Village, Tulang Bawang Regency, Indonesia, had not fully complied with formal provisions as well as the principles of agrarian justice. Additionally, the analysis recommended that sharecropping agreements be formalized in written contracts approved by the village head and witnesses. It also showed the need to improve agrarian legal literacy through intensive socialization. Local supervisory institutions should be required to oversee and evaluate the sustainable application of social function principle.
Co-Authors FX Sumarja FX Sumarja Keysa Bila Aldama Raswanto Sepriyadi Adhan S