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All Journal Unes Law Review Warta Pengabdian Andalas: Jurnal Ilmiah Pengembangan Dan Penerapan Ipteks Eduvest - Journal of Universal Studies Ranah Research : Journal of Multidisciplinary Research and Development
Warman, Kurnia
Fakultas Hukum Universitas Andalas
Aerospace Engineering Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Neuroscience Physics Public Health Social Sciences Transportation Other

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Pendaftaran Peralihan Hak Milik Atas Tanah Berdasarkan Akta Jual Beli Yang Sudah Lewat Waktu di Kota Padang M. Zaki; Kurnia Warman; Syofiarti Syofiarti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1164

Abstract

PPAT has the responsibility to make a Deed of Sale and Purchase (AJB) as proof of the transfer of land rights and register it with the National Land Agency. However, BPN often does not meet the specified time limits, potentially harming land owners and creating potential legal disputes. This emphasizes the need to consider the legal implications of this delay to ensure the validity of land ownership rights and avoid future legal problems, especially with the rapid economic growth in Padang City. This research uses a juridical-empirical approach. Guidance and supervision have not been running optimally so that there are still PPATs who commit violations and appear to ignore the sanctions that have been given. For PPATs who commit violations or negligence, the Head of the Land Office will give sanctions in the form of written warnings and unwritten or verbal warnings as regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 2 of 2018 concerning the Development and Supervision of Officials Making Land Deeds. The obstacles in implementing PPAT guidance and supervision by Padang City Land Office officials are time and budget.
Challenges in the Implementation of Free Prior and Informed Consent for Indigenous Peoples in Indonesia's National Legal Regulation Rahmi Jasim; Saldi Isra; Kurnia Warman; Hengki Andora
Eduvest - Journal of Universal Studies Vol. 5 No. 7 (2025): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v5i7.50779

Abstract

This research discusses the challenges of implementing Free, Prior, and Informed Consent (FPIC) for indigenous peoples in national legal arrangements in Indonesia. FPIC is a principle that gives indigenous peoples the right to give consent to policies that affect their territories and resources freely, prior to full information, and without pressure. Although the FPIC rights of indigenous peoples are implicitly described and regulated in various national regulations, such as the 1945 Constitution, Forestry Law, Village Law, and environmental regulations slot zeus, these arrangements do not necessarily guarantee the protection of indigenous peoples' rights over their customary territories. Explicit legal arrangements are needed to guarantee indigenous peoples' FPIC rights over their customary territories. This is because in its implementation, the application of FPIC rights still faces various challenges such as conflicts of interest with the State's Right to Control (HMN), low understanding in the field, and gender injustice being the main obstacles. This study uses a normative juridical approach to identify differences between international and national legal arrangements, and offers recommendations to improve the protection and implementation of FPIC in Indonesia. The research emphasizes the importance of explicit legal arrangements to achieve justice, prosperity and harmony between indigenous peoples and the government.
Assistance in the Preparation of Tambo Ulayat Books in Nagari Koto Tangah Agam Regency Syofiarti; Kurnia Warman; Ferdi; Zefrizal Nurdin; Titin Fatimah
Warta Pengabdian Andalas Vol 33 No 2 (2026)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/jwa.33.2.211-223.2026

Abstract

The preparation of the land registry book is one of the land management instruments mandated by Regulation of the Province of West Sumatra Number 7 of 2023. This service activity aims to enhance the capacity of the Nagari Government and KAN in preparing the land registry book in Nagari Koto Tangah. The method used is Participatory Action Research, with stages including a data-based land inventory and need identification, stakeholder interviews, socialization, technical training, and evaluation through Focus Group Discussions and interviews. The success of the activity is evaluated based on participant participation levels, increased understanding of the Tambo Ulayat preparation mechanism, the ability to identify land management problems, and the achievement of consensus on the follow-up preparation of the land registry book through participatory methods. The results of the activity show that participants can identify the main issues, including unclear boundaries of customary land, the need for more systematic documentation of physical and legal data, and the importance of involving customary community leaders in the data collection process. This activity also produced technical guidelines for compiling the Customary Land Register. It established a joint commitment between the Local Government and the customary authority (KAN) to continue compiling the Customary Land Register as an initial step in administering customary land. These findings indicate that the PAR approach can support the strengthening of customary institutional capacity and local government administration in the participatory management of customary land. However, the long-term effectiveness of implementation still requires further evaluation.
Implikasi Hukum Tindak Lanjut Rekomendasi BPK Terhadap Pertanggungjawaban Perdata Pejabat Pembuat Komitmen dalam Kontrak Pengadaan Barang/Jasa Pemerintah Rica Lestari; Kurnia Warman; Hengki Andora
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 3 (2026): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v8i3.2065

Abstract

The Commitment Making Officer (PPK) in government procurement activities carries a fundamental dual legal standing: as a state administrative official subject to the public law regime, and simultaneously as a government representative bound in civil law relationships. This duality creates real legal accountability complexities, particularly when the fulfillment of public law obligations—namely the follow-up of the State Audit Board (BPK) recommendations—conflicts with previously agreed contractual obligations. This study aims to analyze the legal implications of BPK audit recommendation follow-up on PPK civil liability and to examine the mechanisms and obstacles in executing court judgments ordering regional governments to pay compensation to goods/services providers. The study employs normative-empirical legal research with a case study approach focusing on Civil Case Decision Number 22/PDT.G.S-2022-PN PDG at the Padang District Court. Results show that: first, the breach of contract arising from contract value deductions without a valid addendum constitutes the liability of the government as a public legal entity not PPK's personal liability based on the faute de service theory; second, execution of court judgments against regional governments faces structural obstacles including prohibition on government asset seizure and the regional budget mechanism, rendering compensation fulfillment entirely dependent on the regional government's good faith.
Co-Authors Ferdi, Ferdi Hengki Andora M. Zaki Rahmi Jasim Rica Lestari Saldi Isra Syofiarti Titin Fatimah Zefrizal Nurdin, Zefrizal