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All Journal Unes Law Review Eduvest - Journal of Universal Studies
Warman, Kurnia
Fakultas Hukum, Universitas Andalas
Aerospace Engineering Computer Science & IT Education Health Professions Law, Crime, Criminology & Criminal Justice Neuroscience Physics Public Health Social Sciences

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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.
Co-Authors Hengki Andora M. Zaki Rahmi Jasim Saldi Isra Syofiarti