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REDISTRIBUSI TANAH BEKAS HAK ERFPACHT DALAM KAITANNYA DENGAN PILOT PROJECT OF AGRARIAN REFORM GUNA MEWUJUDKAN SUSTAINABLE DEVELOPMENT DI DESA GALENGDOWO, KABUPATEN JOMBANG Fernanda, Fadila; Kartika, Adhitya Widya
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

The redistribution of land with erfpacht right in Galengdowo village is one of the agrarian reform programs in the form of distributing state land to cultivators by giving ownership right to the land they cultivate. These freehold land certificates can then be used as collateral to obtain business capital through Community Land Empowerment (CLE) which is aimed at becoming a pilot project for an agrarian reforma village producing coffee and dairy products by developing regional-level businesses to become national scale. This study uses an empirical legal research method that examines the implementation of law in society. The approach used is a qualitative approach based on primary, secondary and tertiary legal sources. The results of this study explain that the implementation of the redistribution of erfpacht title land in Galengdowo village has met conformity based on laws and regulations so that the land redistribution program can be said to have provided legal certainty and benefits to the people of Galengdowo village. mainly in the increase in revenue up to 125.7%. The implementation of the redistribution of erfpacht title land in Galengdowo village also encountered a number of obstacles, but these obstacles could be overcome properly through ideas from the Central and Regional Governments.
Konsekuensi Putusan Mahkamah Konstitusi Nomor: 46/PUU-VIII/2010 Terhadap Hak Mewaris Anak Luar Kawin Dalam Perspektif Hukum Nasional Khozin Baharudin, Achmad; Budi Mahesa, Septian Arya; Fernanda, Fadila
Jurnal Indonesia Sosial Sains Vol. 4 No. 01 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i01.770

Abstract

The legality of an illegitimate child in Indonesia has been fundamentally regulated in the Indonesian Civil Code in Article 280 and the admission is stated in Article 284, if the child has been avowed by the biological father upon the biological mother’s approval. The problem arise in the Constitutional Court Adjudication Number: 46/PUU-VIII/2010 about the Inheritence Right of an Inllegitimate Child, which became a normic problem that makes as if there is a dualism in the familial system; inside and outside legal marriage, in which this is considered as legalizing non-marriage relationship among Indonesian citizens. Another problem arise about the distribution of inheritance law for illegitimate children in the Constutional Court Adjudication Number: 46/PUU-VIII/2010 about the Inheritence Right of an Inllegitimate Child, that makes an illegitimate child have the same inheritance right with a legitimate child. Surely, this does not align with the Principle of Justice, especially for the legitimate child. The research method used in this Journal is the normative law research, which is a textual law research that leans into normic law that exists in the international regulations and legislational regulations, this research especially uses the Constitutional Court Number: 46/PUU-VIII/2010 about the Inheritence Right of an Inllegitimate Child, and the Indonesian Civil Code.
The Urgency of Regulation of Data Protection for the Parties in Cyber Notary Octarina, Nynda Fatmawati; Fernanda, Fadila; Dewi, Fironika Tri Asni; Adjie, Habib
JURNAL AKTA Vol 11, No 3 (2024): September 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i3.39748

Abstract

Notary is a public official authorized to make authentic deeds and have other authorities. In carrying out his duties and authority, the Notary must be able to maintain the confidentiality of every data of the parties in the deed he makes. parties in the deed he makes. The principle of confidentiality that has been regulated in UUJN Article 16 paragraph (1) letter f has the potential to clash with the concept of Cyber Notary, which has also been contained in notary concept which has also been contained in UUJN Article 15 paragraph (3) which in its explanation states explanation states that one of the other powers of Notary referred to is the authority to certify transactions conducted electronically (Cyber Notary). The authority of Notary in Cyber Notary has drawn pros and cons in various circles. various circles. The problem arises when in the implementation of Cyber Notary uses the services of third parties to build up to the maintenance of the Cyber Notary electronic system. Thus, there will be a third party. Thus, there will be a third party who can access all deeds in the system. This means that the data parties are no longer a secret of the notary and are no longer in accordance with the principle of confidentiality that requires the notary to in accordance with the principle of confidentiality that requires the Notary to maintain its confidentiality as it has been applied so far. This research will examine the implementation of the principle of Notary confidentiality and the urgency of regulating the protection of parties' data in Cyber Notary to prevent notaries from being sued in the future. This research uses a normative legal research method with a statue approach and conceptual approach. The results showed that the need for Cyber Notary must be in line with the regulation of data protection of the parties in the Cyber Notary because UUJN has provided rules that the Notary is obliged to keep confidential everything about the Deed he makes and all information obtained to protect the parties' data.