Nurlaila Kadarwati Papuluwa
Fakultas Hukum, Universitas Khairun

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Analisis Ketimpangan Penguasaan dan Pemilikan Tanah Pasca Reforma Agraria di Indonesia Mahmud Hi. Umar; Suwarti; Nurlaila Kadarwati Papuluwa
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i11.13918

Abstract

Reforming agrarian law will only be successful if agrarian law prioritizes farmers as the main pillar of national economic development, without ignoring the interests of investors and large investors as a source of development financing. In following up on the policy of reforming Agrarian law as regulated in the UUPA, the government has issued a decree as outlined in MPR Decree Number: IX/MPR/2001 concerning Agrarian Reform and Natural Resource Management. To overcome problems that will later hinder the implementation of agrarian law reform in Indonesia, Pancasila and the 1945 Constitution must be used as the ideal basis and constitutional basis for every legal act carried out by the State, meaning that regulations or policies issued in the context of implementing agrarian law reform must be based on on Pancasila and the 1945 Constitution. Agrarian conflict is still a legal problem in Indonesia. The presence of a strategy in the form of agrarian reform is expected to be able to make a real contribution in realizing social justice and people's prosperity for all Indonesian people. The implementation of agrarian reform is characterized by comprehensive asset management and access management, so it is important to carry out a comprehensive evaluation with fairness and community empowerment. The results obtained from this research show that the organizers of agrarian reform are expected to be able to guarantee increased community welfare and realize social justice, whether through the efforts of the Agrarian Reform Task Force (GTRA) or the Government which carries out a compromise strategy with ministries/institutions to ensure land rights through agrarian reform.
Analisis Hukum Penyerobotan Tanah yang Berimplikasi terhadap Perbuatan Melawan Hukum Ditinjau dalam Perspekif Hukum Perdata Suwarti Suwarti; Faisal; Puji Rahayu Subandi; Nurlaila Kadarwati Papuluwa
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i11.13917

Abstract

The escalation of society in an area makes land an object that is much needed. Because its availability is increasingly running low. Therefore, land has become a very valuable object and of course makes many people justify any means to obtain land. Land grabbing is not something new and occurs in Indonesia. The word invasion itself can be interpreted as the act of taking rights or property arbitrarily or without paying attention to laws and regulations, such as occupying someone else's land or house, which is not their right. The act of illegally grabbing land is an act against the law. From a civil law perspective, what is regulated in Article 1365 and Article 1366 can ensnare people who grab land, because it can be seen that in cases of land grabbing there are parties who are harmed and need compensation for the losses experienced by that party, and Land grabbing is also an unlawful act in which someone enters the land without right. This research aims to analyze and examine legal indicators of land grabbing which have implications for civil unlawful acts (onrechmatigheid daad). And what is the mechanism for resolving land grabbing disputes which have implications for unlawful acts The method used in this research is normative research on the legal rules contained in Article 1328 of the Civil Code. The data used in this research is secondary data. Secondary data used in this research consists of primary legal materials which are authoritative, which means they have authority, secondary legal materials and tertiary legal materials