Novyta Uktolseja
Fakultas Hukum Universitas Pattimura. Ambon, Indonesia

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Journal : PATTIMURA Law Study Review

Perlindungan Hukum Terhadap Pemilik Hak Atas Tanah Dalam Proses Pengadaan Tanah Untuk Kepentingan Umum Dwi Nurul Aulia Pattiha; Jemmy Jefry Pietersz; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10101

Abstract

ABSTRACT: Procurement of land for public purposes is not carried out according to the stages such as planning, preparation, implementation and delivery of results and even at these 4 (four) stages disputes often occur so that owners of land rights lose their rights without compensation or the compensation they receive is not appropriate as a form of legal protection for the owner of the right to land. Purposes of the Research, reviewing and analyzing the land acquisition process for public interest can lead to land acquisition disputes, as well as reviewing and analyzing legal remedies for owners of land rights in the process of land acquisition for public interests. Methods of the Research the type of research used is normative juridical research using a problem approach, namely the statutory approach and the concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research with legal material analysis techniques, namely qualitative. Research results show that land acquisition for the public interest is very prone to causing disputes. This is because in the process of land acquisition for the public interest it is not carried out based on the provisions, because land acquisition for development for the public interest is carried out through the stages of: planning, preparation, implementation and delivery of results, not implemented These four stages cause disputes in the process of land acquisition for the public interest so that owners of land rights can take legal action as a form of legal protection against ownership of land rights to obtain compensation or objections can be made through non-litigation channels, namely deliberations, while the litigation path, namely the judicial process of Objections to location determination can be submitted to the PTUN, while objections to determining the form and amount of compensation are submitted to the local District Court.
Implikasi Hukum Pendaftaran Atas Tanah Adat (Tanah Dati) Terhadap Pemegang Hak Lainnya Flauangelia Herisli Wattimena; Jenny Kristiana Matuankotta; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10852

Abstract

ABSTRACT: Land registration in Indonesia is a government obligation mandated in law No. 5 of 1960 concerning land rights, both for individual land and customary land which is jointly owned land in Ambon is called dati land. Common land or dati land if it is registered by including in the name of one person as the owner, it will have legal implications for other rights holders. The type of research is normative juridical research, while the research approach is the statue approach, conceptual approach and finally the case approach or case approach. The technique of collecting legal materials used in this study was to conduct a literature study. The results of the research in this paper are that other rights holders, such as the dati's children whose names are not listed on the land certificate, are not legally the owners of land rights, so that later if there is a dispute over ownership and control over land among the dati's children, the dati's children do not get legal protection.
Badan Penyelenggara Jaminan Sosial (BPJS) Sebagai Syarat Peralihan Hak Atas Tanah Faradila Attamimi; Merry Tjoanda; Novyta Uktolseja
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10854

Abstract

ABSTRACT: The inclusion of BPJS provisions as stated in Presidential Decree No. 1 of 2022 as a condition for transferring land rights in the community has drawn some controversy and criticism, because this has nothing to do with buying and selling land and BPJS for health. The government should increase the transparency of BPJS health management and services if it wants to attract people to become participants. This legal research focuses on normative juridical research with a conceptual approach and statutory approach, the analytical method used is descriptive qualitative. The legal materials in this study are primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials are then interpreted and analyzed. The results of the study show that the Presidential Instruction (Inpres) Number 1 of 2022 is in principle the same as Government Regulation Number 24 of 1997, except that Presidential Instruction Number 1 of 2022 includes the addition of the requirement for a Photocopy of BPJS Kesehatan Participant Card for the purpose of registering the transfer of land rights. This research also shows that there is no relationship (correlation) between the inclusion of the BPJS requirements and the registration of the transfer of land rights because it is considered insignificant or has no relationship at all with the interest in transferring names in terms of transferring land rights, but it is related to the government's commitment to ensure that all levels of society have health insurance, namely optimizing the implementation of the National Health Insurance program.