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All Journal Madani: Multidisciplinary Scientific Journal
Mariano Hermando Boymau
Universitas Katolik Widya Mandira, Kupang-NTT, Indonesia
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Physics Public Health Social Sciences Other

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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.
Implementasi Perpres Nomor 118 Tahun 2022 Tentang Rencana Induk Pengelolaan Batas Wilayah Negara dan Kawasan Perbatasan Tahun 2020-2024 Terhadap Pulau Sebatik Mariano Hermando Boymau; Novita Scolatika Totnay; Yonanes Arman
Madani: Jurnal Ilmiah Multidisiplin Vol 1, No 7 (2023): Agustus
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8207835

Abstract

Indonesia is the largest archipelagic country in the world which is very strategically located, both economically and geopolitically. The archipelago in Indonesia is united by a vast ocean and some of them are directly adjacent to several neighboring countries, both land and sea. In conducting a researcher refers to research methods, so that research is more directed and planned. The research method that the author uses is a normative juridical research method This research uses a statutory approach (Statute-Approach) related to what the researcher wants to research. Perpes No.31 of 2015 was issued to implement the provisions of article 21 paragraph (1) of Law Number 26 of 2007 concerning Spatial Planning and Article 123 Paragraph (4) of Government Regulation Number 26 of 2008 concerning Spatial Planning of State Border Areas in Kalimantan, which in the policy states that the Spatial Plan of Islands and National Strategic Areas is regulated by Perpes. Sebatik Island is the outermost small island owned by two countries, namely Indonesia and Malaysia, so the threat to the security and sovereignty of the country on the island is quite vulnerable, therefore, it is very important to overcome problems that can threaten the security and sovereignty of the country on this island.
Co-Authors Benediktus Peter Lay Florensiana Resi Ngepi Novita Scolatika Totnay Yonanes Arman