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All Journal Jurnal Pendidikan dan Konseling Budimas : Jurnal Pengabdian Masyarakat Journal of Law and Nation Madani: Multidisciplinary Scientific Journal
Benediktus Peter Lay
Universitas Katolik Widya Mandira
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Journal : Madani: Multidisciplinary Scientific Journal

 1 
Penyelesaian Sengketa Tanah Dengan Mediasi Oleh Kementerian Agraria Tata Ruang/Badan Pertanahan Nasional Kota Kupang Bahy Frederick J Eryansan; Samuel J Boesday; Benediktus Petter Lay; Vinsensius Samara
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 6 (2023): Juli
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8114709

Abstract

 This research aims to analyze the settlement of land disputes through non-litigation channels, especially mediation at the Kupang City Office of the Ministry of ATR/BPN. This research focuses on the mediation mechanism in the settlement of land disputes at the Kupang City Office of the Ministry of ATR / BPN, and what factors are an obstacle in the mediation of land disputes carried out. The research is descriptive with empirical juridical type. The research revealed that land disputes filed with the Kupang City BPN must be registered or certified land. The settlement of land disputes through mediation in the Kupang City Office of the Ministry of ATR / BPN is guided by the Regulation of the Minister of ATR / BPN No.21 of 2020 in which the handling of land disputes through mediation starts from a complaint, case assessment, initial degree, research, exposing research results, coordination meeting, final degree, and case settlement. The inhibiting factor in mediation caused by the complaint document does not yet contain the stipulated conditions that must be met first, the supporting data factor, the absence of one of the parties, the factor of one party's dissatisfaction with the agreed peace 
Status Hukum Hak Atas Tanah Ulayat Antara Masyarakat Besipae dan Pemerinta Kabupaten Timor Tengah Selatan Mariano Hermando Boymau; Florensiana Resi Ngepi; Benediktus Peter Lay
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 6 (2023): Juli
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8130774

Abstract

Ulayat rights are a unity with the legal community, especially in the Pubabu community, which will place these rights in their proper place, especially in the Indonesian state, this is stated in Article 3 of UUPA No. 5 of 1960.Ulayat rights are customary rights based on customary law that have been practiced for generations. The research method that the author uses is the normative juridical research method. This research uses a statutory approach problem (Statute-Approach) related to what the researcher wants to examine. The data and information of this research are primary and secondary data which are data that have been available through laws, journals, books, and other factual supporting sources. Regarding the legal status of customary land in besipae by the people who inhabit the area can be said to be uncertain due to several things that become obstacles in the process of finding the legal status of customary land because the ownership status of the land is still uncertain. In other words, these three rights have the same status and superiority, and do not harm each other. In order to maintain a balance between the rights of indigenous peoples and the public interest, the Indonesian government has an obligation to protect the rights of indigenous peoples related to their customary land. Therefore, there is a need for coordination and dialogue between the government, indigenous peoples, and other stakeholders to reach a mutually beneficial and fair agreement in the management of customary land and government land tenure rights.
Co-Authors Bahy Frederick J Eryansan D.W. Rabawati Egidius Taimenas Ernestha Uba Wohon Ferdinandus Lobo Finsensius Samara Firgilius Kandro Mego Asman Florensiana Resi Ngepi Giovani Don Bosco Nggabut Maria T.Geme Mariano Hermando Boymau Mikael Feka Rudolfus Talan Samuel J Boesday Stefanus Don Rade Yohanes Umbu Sogara