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All Journal i-Latinnotary Journal: Internasional Journal of Latin Notary Jurnal Pertanahan
Geta Ilham Adi Prasetyo
Universitas Pasundan
Agriculture, Biological Sciences & Forestry Humanities Astronomy Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Legal Status Of Land Tenure Of Foreign Nationals Obtained Through Public Auction On The Object Of Mortgage Rights Patriana Purwa; Geta Ilham Adi Prasetyo; Budi Salman Farizy; Mariam Pratama; Aslan Noor
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.55

Abstract

The concept of citizenship stipulates that non-citizens are prohibited from acquiring land ownership in Indonesia, meaning that "only Indonesian citizens are eligible for land ownership rights in Indonesia." This regulation is outlined in Article 21 and Article 26, paragraph (2) of the UUPA. If a foreign national is unable to own land, they are granted land tenure status through auctions, entailing rights of usage or other entitlements. This situation can potentially lead to issues of legal ambiguity and inconsistencies in the regulations governing property rights for foreign nationals who acquire land through auctioned mortgage rights. The primary concern addressed by the author is to determine the status of the auction minutes document as proof of land rights transfer to foreign nationals and the legal status of land rights control held by foreign nationals who obtain property through mortgage rights auctions. The objective of this study is to investigate and analyze the validity of the auction minutes document as evidence of land rights transfer to foreigners and to analyze the legal status of land rights held by foreign nationals who acquire property through mortgage rights auctions. The research employs a normative juridical research method, specifically a normative legal research approach. This approach encompasses both a statutory analysis and a conceptual analysis. Based on the findings of this research: 1. The auction minutes' position as evidence of the transfer of land ownership rights to foreign nationals indicates that these minutes, prepared by the auctioneer, can serve as a valid basis for documenting the transfer of rights to foreign nationals. 2. Regarding the legal status of land ownership obtained by foreign nationals through mortgage rights auctions, it is established that such land ownership is legally valid. Foreign nationals can manage this land under usage rights status, with the utilization rights in the name of foreign nationals being subject to the prescribed rights transfer procedures.
Agreement For Kidney Transplant Between An International Donor And An Indonesian Recipient In Compliance With Indonesian Health Legislation Geta Ilham Adi Prasetyo; Habib Adjie; Utari Dewi Fatimah
International Journal of Latin Notary Vol. 3 No. 02 (2023): Internasional Journal of Latin Notary, March 2023
Publisher : Magister Kenotariatan Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/journal.v3i02.58

Abstract

The arrangement between an international donor and an Indonesian recipient requiring a 'kidney' or any other organ for human organ transplantation represents a private understanding between the involved parties. This stems from the fact that therapeutic agreements and health-related legislations do not govern relationships established through private arrangements between donors and recipients. An incident was reported wherein an individual generously donated their kidney to a recipient in need and received compensation as an expression of gratitude. Although the donor's actions in this case went against the humanitarian principles endorsed by health laws, they did not contravene the legal framework. This serves as evidence that Indonesian regulations currently lack provisions addressing organ transplants conducted by unrelated living donors, resulting in the absence of legal safeguards for such donors.
LEGITIMASI DATA PEMETAAN DIGITAL BERBASIS ARTIFICIAL INTELLIGENCE SEBAGAI ALAT BUKTI HAK ATAS TANAH (TANTANGAN HUKUM DI LUAR KERANGKA REGULASI KONVENSIONAL) Geta Ilham Adi Prasetyo; Desi Sukmawati; Ahmad Fahmi Yustirandi; Budi Salman Farizy; Ajie Sefi Al Carubani
Jurnal Pertanahan Vol 16 No 1 (2026): Jurnal Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53686/jp.v16i1.308

Abstract

The development of Artificial Intelligence (AI)-based digital mapping technology has brought significant changes to land administration practices and the resolution of land rights disputes. However, the use of AI-based digital mapping data as legal evidence has not yet gained clear normative recognition in Indonesia's land law system. This study aims to analyse the legal position of AI-based digital mapping data in the land law evidence system, identify normative gaps in its regulation, and formulate a legal regulatory model that can provide legitimacy and legal certainty for the use of AI technology as evidence of land rights. This study uses a normative juridical research method with a legislative approach, a conceptual approach, and a case approach. The legal materials used include primary, secondary, and tertiary legal materials that are analysed qualitatively. The results of the study show that although electronic documents have been recognised as legal evidence, the regulations do not specifically accommodate the characteristics of AI-based digital mapping data, which is dynamic, algorithm-based, and non-physical. This condition creates a normative gap that has implications for legal uncertainty in proving land rights. This study concludes that legal reform is needed through the formulation of specific norms governing the legitimacy, validity standards, verification mechanisms, and auditability of AI-based digital mapping data to ensure legal certainty, protection of land rights, and adaptation of land law to developments in digital technology. Keywords: Digital Mapping, Artificial Intelligence, Evidence, Land Law, Legal Certainty.
Status Hukum Ruang Udara dan Ruang Bawah Tanah dalam Tata Ruang Indonesia: Kekosongan Norma di Era Urban Vertikal Geta Ilham Adi Prasetyo; Desi Sukmawati; Ahmad Fahmi Yustirandi; Budi Salman Farizy; Ajie Sefi Al Carubani; Afif Hiba Maula; Mohammad Naufal Hariri
Jurnal Pertanahan Vol 16 No 1 (2026): Jurnal Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53686/jp.v16i1.310

Abstract

Urban development in Indonesia shows a tendency towards vertical use of space through the construction of multi-storey buildings, underground infrastructure, and the use of airspace for public and commercial purposes. This situation raises legal issues regarding the status of control and use of airspace and underground space, which to date have not been clearly regulated in the national land and spatial planning legal system. Law No. 5 of 1960 concerning Basic Agrarian Principles and Law No. 26 of 2007 concerning Spatial Planning still place vertical space as an accessory to surface land rights, without regulating vertical boundaries of rights and mechanisms for independent encumbrance of rights. This study aims to analyse the legal regulation of airspace and underground space in Indonesian legislation, identify normative gaps that cause legal uncertainty, and formulate directions for spatial and land use law reform. The research method used is normative legal research with a legislative, conceptual, and comparative law approach. The results of the study show that there is a normative gap regarding the legal status of vertical space as an object of rights, which has implications for weak legal certainty in urban infrastructure development. Therefore, this study recommends legal reform through the recognition of airspace and underground space as separate legal objects, the establishment of new property rights, and the application of a three-dimensional cadastral system to ensure legal certainty in the use of vertical space in Indonesia. Keywords: Airspace, Underground Space, Spatial Planning, Land Law, Normative Vacuum.
Co-Authors Afif Hiba Maula Ahmad Fahmi Yustirandi Ajie Sefi Al Carubani Aslan Noor Budi Salman Farizy Budi Salman Farizy Desi Sukmawati Habib Adjie Mariam Pratama Mohammad Naufal Hariri Patriana Purwa