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All Journal JURNAL ILMIAH LIVING LAW LEGAL BRIEF
Andi Suriyaman M. Pide
Universitas Hasanuddin
Law, Crime, Criminology & Criminal Justice

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Legal Review of Land Ownership Disputes in the Construction of the Nipa-Nipa Reservoir Nurul Inayah Yusuf; Andi Suriyaman M. Pide; Andi Tenri Famauri
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i5.636

Abstract

This study aims to find out and analyze the causes of overlapping of some of the land owned by PT HK with the heirs and to know and analyze the legal protection of the heirs against the payment of compensation for land whose ownership is still disputed. This research uses the type of empirical legal research, in the form of legal research that functions to see the law in a real sense and examines how the law works in society. The results of this study indicate that the overlapping of some of the land owned by PT HK with the heirs is caused by a number of things, including the non-applicability of the Delimitation Contradictory principle when measuring the object of the dispute, then when a sale and purchase occurs, neither the MS nor PT HK heirs ever down to the location of the object of dispute but only buying and selling of documents related to the location of the object of dispute, and that there is no physical control by PT HK of the object of dispute and proof of ownership shown by both RM heirs and MS heirs is proof of rights long term and legal protection for recipients of compensation is an important matter in land acquisition for development in the public interest because compensation that is fair and in accordance with the rules for land acquisition for development in the public interest which has been well regulated and is clear is a benchmark regarding the level of success of the process. procurement of land for the ban use for public interest. Compensation must be given to the rightful party, in the event that the land object is in a case of ownership, compensation must be deposited at the local court (consignment) and can only be given after a court decision with permanent legal force or a deed of reconciliation.
Legal Protection of Parties Harmed by Non-Application of the Contradictoire Delimitatie Principle Muhammad Adhyaksa Mansyur; Andi Suriyaman M. Pide; Muhammad Aswan
LEGAL BRIEF Vol. 11 No. 5 (2022): Desember: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v11i5.637

Abstract

Land rights which are part of the earth as regulated in Law Number 5 of 1960 concerning Basic Agrarian Regulations Article 4 paragraph (1). Several factors cause land disputes such as:issue of 2 (two) or more land certificates on the same plot of land, which is known as overlapping. One of the land disputes is located in Maros Regency, with a decision number102/G/2016/PTUN. Mks. This dispute is based on Property Right Certificate No. 00795/Desa Baji Mangngai dated May 29, 1985 and issued 2 parts of the land parcels as a result of separation namely Certificate of Ownership No. 00811/Baji Mangngai Village and Ownership Certificate No. 00812/Desa Baji Mangngai and 1 part in 2011 namely Certificate of Ownership No. 00746/Baji Mangngai Village. The issuance of 2 or more land certificates is due to the non-implementation of the principle of contradictore delimatie based on Government Regulation no. 24 of 1997 concerning Land Registration.The type of research used is normative legal research with Statute Approach, Case Approach, and Conceptual Approach. The collection of legal materials was carried out using the library research method and the data obtained was analyzed qualitatively. The results of this study indicate thatIf the principle of contradictoire delimitatie is not applied consistently and consequently, it will certainly lead to legal uncertainty regarding land parcels. As a result, it will certainly affect the weak legal certainty of the object of the right to be used as a means for holders or owners of land rights. The dispute resolution steps that they or the BPN take are deliberations. Likewise in multiple certificate disputes, BPN also has the authority to negotiate, mediate and facilitate the parties to the dispute and initiate an agreement between the parties. However, if the problem cannot be resolved in the ways described above, then the disputing parties can make demands to the state administrative court.
EKSISTENSI MASYARAKAT HUKUM ADAT SAKAI TERHADAP TANAH ULAYAT YANG TERDAPAT PADA KAWASAN HUTAN TANAM INDUSTRI Annisa Faradina Annisa Faradina; Andi Suriyaman M. Pide; Sri Susyanti Nur
JURNAL ILMIAH LIVING LAW Vol. 15 No. 2 (2023): Jurnal Ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v15i02.6038

Abstract

The existence of the indigenous people of the Sakai Tribe has met the requirements to be recognized as stipulated in Article 67 paragraph (1) of Law no. 41 of 1999 concerning Forestry, namely that the community is still in the form of an association (rechsgemeenschap), there are institutions in the form of customary rulers, there is a clear customary law area, there are legal institutions and instruments, especially customary courts, which are still adhered to and still collect forest products. in the surrounding forest area to meet the needs of daily life. Confirmation of the existence and elimination of customary law communities based on Article 67 paragraph (2) is stipulated by a Regional Regulation. However, until now there is no local regulation that regulates the existence of the indigenous peoples of the Sakai Tribe, thus creating legal uncertainty. Settlement of land boundary disputes between customary law communities and PT. Arara Abadi was resolved through litigation, in this case through the Bengkalis District Court as stated in the decision number 89/Pid.B/LH/2020/PN.Bls. In addition, dispute resolution outside the non-litigation legal route (mediation) has also been carried out in resolving border disputes between the Sakai Tribe customary law community and PT. Eternal Arra. Dispute resolution is carried out by deliberation by involving the inner group with PT. Arara is Eternal and there is usually peace Keywords: Existence, Sakai Tribe, Industrial Planting Forest.
Co-Authors Andi Tenri Famauri Annisa Faradina Annisa Faradina Muhammad Adhyaksa Mansyur Muhammad Aswan Nurul Inayah Yusuf Sri Susyanti Nur