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Disparity in Authority of the State Administrative Court and District Court in Adjudicating Certified Land Claims Ari, Kurniadi; Darmini Roza; Syofiarti
Ekasakti Journal of Law and Justice Vol. 1 No. 2 (2023): December
Publisher : Master of Law Program, Ekasakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60034/vj3h5n02

Abstract

The title certificate over land is a form of State Administrative Decree, based on Article 1 number 3 of Law Number 9 of 2004 concerning the Second Amendment 2 to Law Number 5 of 1986 concerning the State Administrative Court. Related to that, if there are individuals and legal entities who object to the decision, the objection can be made through a lawsuit to the State Administrative Court based on the absolute compatibility of State Administrative Procurement. There are legal facts, the Sungai Full District Court of Jambi Province accepted, examined, tried and decided objections to the certification further in its decision stating that the certificates of the Defendants were invalid.
Pengadaan Tanah Untuk Pembangunan Pembangkit Listrik Tenaga Panas Bumi Di Solok Selatan Syahputra, Julfahmi; Warman, Kurnia; Rosari, Anton
Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.1.44-57.2024

Abstract

Utilization of natural resources in Indonesia for the greatest prosperity of the people is a necessity. One of the safe resources that can be utilized and has great potential is geothermal energy. However, its use requires land. The results of this research refer to land acquisition for geothermal exploitation in South Solok by providing information to the community regarding development plans, initial location data collection and public consultation. In the process of buying and selling, exchanging, or other methods agreed voluntarily by interested parties, it is carried out with a compensation mechanism and scheme determined by a committee formed by the company which will then be submitted and determined in deliberation. The conclusion in this research is that the provision of land needs carried out by PT Supreme Energy Muara Laboh refers to Presidential Decree No. 36 of 2005, Presidential Decree 36 of 2006 and the RTRW of South Solok Regency. Apart from that, in terms of the implementation of the sales and purchase process carried out by PT Supreme Energy Muara Laboh through a compensation mechanism, the name of the scheme created is "profit compensation" presented by the company.  
Pemanfaatan Tanah Aset Daerah Provinsi Sumatera Barat Melalui Perjanjian Bangun Guna Serah (Build Operate Transfer) Jalmas, David; Warman, Kurnia; Rosari, Anton
Lareh Law Review Vol. 2 No. 2 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.2.109-120.2024

Abstract

To promote tourism in West Sumatra, particularly in the city of Bukittinggi, the provincial government of West Sumatra actively seeks investors to develop star-rated international hotels. Consequently, PT. Grahamas Citrawisata was appointed as the investor in this collaboration, which is formalized in Agreement No. 17.020/L/1990. However, during the implementation of this agreement, several issues have arisen, such as the perceived inadequacy of the compensation distribution from the BOT agreement compared to the reported revenues or balance sheets provided by Novotel Bukittinggi. The research problem formulation for this study includes: 1) The utilization of provincial asset land in West Sumatra for the construction of the Triple Tree Bukittinggi Hotel & Resort using the build operate transfer model and the agreement drafting process. 2) The implementation of the build operate transfer (BOT) agreement in utilizing provincial assets for the construction of the Triple Tree Bukittinggi Hotel & Resort. 3) The status of the land and building of the Triple Tree Bukittinggi Hotel & Resort after the expiration of the build operate transfer agreement. This research is an empirical juridical legal study, employing data collection techniques such as interviews and document studies. Based on the research findings, it is concluded that the utilization of the government asset land uses the build operate transfer method due to limited funds, experience, and skills necessary for the hotel development and management. The build operate transfer (BOT) agreement is documented in Agreement No. 17.020/L/1990, agreed upon by both parties on August 27, 1990. The implementation of the agreement occurs in three stages: 1) Construction (Build), 2) Utilization or Management (Operate), 3) Handover (Transfer). Additionally, the research examines the status of the land and building after the BOT agreement ends and the steps taken by the provincial government in managing the hotel post-BOT agreement.. Keywords: Build Operate Transfer Agreement , Land, Regional Assets, Regional Property
Perlindungan Hak Masyarakat Hukum Adat dalam Pengelolaan Hutan Syofiarti, Syofiarti; Fatimah, Titin; Aini, Nur
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.253-268.2023

Abstract

Forests are one of the valuable assets owned by the Indonesian people. Since a long time ago, forests have been the life support of the surrounding communities, including Customary Law Peoples. In fact, in forest management, the rights of Customary Law Peoples have been determined by the constitution, precisely Article 18B paragraph (2) and Article 33 paragraph (3) of the 1945 NRI Constitution which was later affirmed by derivative rules. Unfortunately, in reality, the use of forests by Indigenous Peoples often contradicts government policies which have implications for the emergence of forestry disputes involving Indigenous Peoples. This study aims to analyze regulations on the rights of Customary Law Peoples (MHA) in managing forests, find factors that trigger the birth of disputes and offer a pattern of protection of MHA rights in forest management. Empirical juridical approach with analytical destriptive nature is the method chosen by the author to examine the problems in this study. The data used consists of two types, namely primary data and secondary data. Then, the collected data will be analyzed qualitatively. The location of this research is focused in West Sumatra Province, precisely in the Mentawai Islands and Nagari Malalo. The results of this study prove that MHA's forest management rights protection arrangements already exist, but have not been able to guarantee MHA's rights protection. This then also became one of the factors triggering the dispute. Therefore, to answer this problem, a pattern of protection is needed by strengthening and consistency in regulating MHA rights in forest management and simplifying the mechanism for recognition of MHA customary forests by the government. It is hoped that the pattern offered can create certainty and legal order in order to achieve legal justice for MHA for forest management.
Analisis Terhadap Batasan Adendum Perjanjian Kerjasama Pemerintah dengan Badan Usaha (KPBU) dalam Penyediaan Infrastruktur Fakhruddin, Husni Muhammad; Fauzi, Wetria; Warman, Kurnia
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.49-58.2023

Abstract

Agreements are one of the domains regulated through private legal instruments. However, agreements are not always governed by private legal instruments. Sometimes, public legal instruments also regulate an agreement, especially when it involves government entities. This study aims to examine the extent to which an addendum to a Public Private Partnership Agreement in Infrastructure Provision can be carried out, considering one of the specifications of the procurement mechanism for implementing business entities in the Public Private Partnership scheme, which includes attaching a draft agreement in the Request for Proposal (RfP) document. After a winning Business Entity is selected, the draft agreement is finalized, with the rule that the substance that has been completed cannot be changed. This research focuses on determining the limitations in making an addendum to the Public Private Partnership Agreement in Infrastructure Provision during the draft agreement's finalization and implementation phase. The research method used in this study is empirical legal research, which utilizes primary and secondary data. KPBU agreements are controlled by private legal instruments and regulated through public legal instruments. Even though some provisions do not allow changing the substance being competed for, these provisions are not norms that can be categorized as lex imperfect because if these provisions deviate, they will automatically injure the principles of procurement. Therefore the procurement is not following the principles regulated in the laws – invitation and may result in a failed auction condition.
KEWENANGAN PEMERINTAH DAERAH DALAM PEMAJUAN KEARIFAN LOKAL BIDANG KEBUDAYAAN DI KABUPATEN PADANG PARIAMAN Syarif, Muhammad; Syofiarti, Syofiarti
UNES Law Review Vol. 5 No. 3 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i3.402

Abstract

The people of Padang Pariaman, who are so diverse in culture, certainly have the potential to be influenced by foreign cultures in the era of globalization and modern developments at this time, Padang Pariaman culture broadly consists of religion or belief, a system of community organizations, a system of knowledge (education), language, arts, livelihood systems. This is what contains a lot of local wisdom in it. In the current condition, culture is starting to be abandoned, even some Indonesian people are ashamed of their culture as a nation's identity. The differences that occur in Indonesian culture are due to different growth processes and influences from other cultures that mix in it. The sharing of laws also mentions culture and indigenous peoples, including in Article 1 paragraph (3) of Law No. 5 of 2017 concerning the Advancement of Culture, the promotion of culture is an effort to increase cultural resilience and Indonesia's cultural contribution to the midst of world civilization.
PERJANJIAN PENGIKATAN JUAL BELI ATAS TANAH BERDASARKAN SURAT KETERANGAN GANTI RUGI DI KABUPATEN KAMPAR Rahmatika Hakim, Tia; Warman, Kurnia; Syofyan, Syofirman
UNES Law Review Vol. 5 No. 3 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i3.439

Abstract

Sale and purchase binding agreement, of course, a notary can provide legal counseling, namely by explaining to the parties, that the binding sale and purchase agreement made should be based on a land certificate, because the ownership of a certificated land right has been registered at the Land Office which has legal certainty, protection law and can prove himself as the holder of the land rights. However, in practice, the binding sale and purchase agreement in Kampar Regency is made using a letter of compensation (SKGR) so it is very straightforwardproblems to occur which can cause losses. The method used is empirical juridical which emphasizes the reality in the field associated with legal aspects or applicable laws and regulations regarding the object of research. The binding sale and purchase agreement should be made using a land certificate instead of using a letter of compensation and based on its authority the notary should be able to provide legal counseling to the parties before the binding sale and purchase agreement is made so that the urgent sale and purchase agreement can be carried out properly.
PELAKSANAAN PERJANJIAN BAGI HASIL TANAH PERTANIAN PADI DI KECAMATAN RANGSANG BARAT KABUPATEN KEPULAUAN MERANTI Suhani, Muhammad; Warman, Kurnia; Ferdi, Ferdi
UNES Law Review Vol. 5 No. 3 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i3.440

Abstract

The purpose of this study was to determine and analyze the agricultural land production sharing agreement system that applies in Rangsang Barat District. What are the influencing factors in determining the choice of the implementation system for the Production Sharing agreement? As well as the legal consequences arising from the implementation of the agreement for the results of agricultural land in Rangsang Barat District, Islands Regency. The research method used is an empirical juridical approach. Then the data collected were analyzed qualitatively. From the results of the research, it was found that the implementation of the rice farming yield sharing agreement carried out in Rangsang Barat District, Islands Regency was not by Law Number 2 of 1960 concerning Production Sharing Agreements so the implementation of the rice farming production sharing agreement had not gone well. good and not effective.
PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DALAM MEMBERIKAN KEPASTIAN HUKUM HAK ATAS TANAH MASYARAKAT (DI KOTA PEKANBARU) Warman, Kurnia; Putra, Ardiansyah; Elvardi, Jean
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.734

Abstract

PTSL is a land registration activity for the first time that is carried out simultaneously for all land registration objects throughout the territory of the Republic of Indonesia in one village/kelurahan area or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several registration objects. Land for registration purposes. In this study, the data sources were obtained from library research and field research. Data collection techniques were carried out through structured interviews and document studies. The results of the research on PTSL constraints in Pekanbaru City are the high cost of having to pay the payable PPh and BPHTB taxes, the problem of rights used, human resources, the problem of absentee land/land that is far from the owner and the problem of announcing physical data and juridical data. While the efforts made by the Pekanbaru City Land Office in overcoming PTSL obstacles are strengthening quality control over each stage of PTSL, providing work maps (base maps, land registration maps, area maps, SPIPP maps, and Regional Government/BUMN/BUMD asset data) to officers in the field, providing punishment and a whistleblowing system mechanism, improving data validation procedures for KKP applications, reviewing and improving PTSL budget implementation guidelines and quality control.
PENGAWASAN PEJABAT PEMBUAT AKTA TANAH OLEH MAJELIS PEMBINA DAN PENGAWAS PPAT DAERAH DI KABUPATEN AGAM Paramitha, Nadya; Warman, Kurnia; Andora, Hengki
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.743

Abstract

Supervision of PPAT by the Regional PPAT Advisory and Supervisory Board in Agam Regency is carried out based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 2 of 2018 (Permen ATR / BPN), supervision of the implementation of PPAT positions, this is carried out at least once a year. The forms of violations committed by the PPAT in Agam Regency based on the results of Supervision by the MPPD PPAT Agam Regency can be grouped based on 2 categories, namely violations related to the attributes of the PPAT in carrying out such as violations of rules related to the PPAT stamp. Violation for not being notified in writing of changing office address, Violation because there is no guest book and attendance list of PPAT and employees. The second category is violations related to the deed in the form of violations because there is no deed formula, violations because there is no numbering in the deed book, there are no numbers and names in the volume of the document, violations because there is no photo evidence when committing the violation of the deed and violations because the deed does not comply with Article 26 PP No. 37 of 1998 concerning PPAT, and violations because the deed has not been bound and bundled. The findings obtained at the inspected PPAT office will be included in the inspection problem, which also provides an inspection
Co-Authors A. Irzal Rias AA Sudharmawan, AA Abdhy Walid Siagian Adryzeb Z, Glanovix Afandi, Rio Agusvia Rahmi Yanti Ahmad’Adiyaat Alqarni Al Amin, M. Rizkal Alfarisi Putra, Dino Alvionita, Novi Andini, Maysha Andora, Hengky Anisa Noverina Heriyus Anisa Rahman Anton Rosari Ardi Abbas Ardiansyah Putra Ardiansyah Putra Arfiani Arfiani Arfiani Ari, Kurniadi Arief Wicaksana, Tegar Asmar, Nisa Dewi Aulia Khairi, Fidela Azmi Fendri Bayu Rahmaddoni Beatrix Benni Dahlil Marjon Darmini Roza Darnis Darnis, Darnis Desvira, Herma Devia Rahma Pratisa Dian Mustika Ditha, Fara Eflinur Eflinur Eflinur, Eflinur Elvardi, Jean Elwi Danil Fachri, Ahmad Fadhilla Efriandini, Farah Fadila Rusyda Fadila Rusyda Fahlevi Fahlevi Fahlevi, Fahlevi Fahmi Akbar NR Faizatul Khairani Isman Fakhruddin, Husni Muhammad Fara Ditha Fatrianita Tambunan Fauzul amri Febriani, Diana Ferdi Ferdi Ferdi Ferdi, Ferdi Fithrina, Hendria Frenadin Adegustara Furqan, Steffi Zafia Gusminarti, Gusminarti Hardi, Imelda Hengki Andora Hengki Andora Hengky Andora Heriyus, Anisa Noverina Husni Muhammad Fakhruddin Ilham Yahya Imelda Hardi Indraddin Inggir Deviandari Isman, Faizatul Khairani Ismansyah Ismansyah Iyah Faniyah, Iyah Jalmas, David Jasim, Rahmi Kevin Muhammad Yades Khairani Khairani Khairani Kurnia Warman Kurnianti, Dian Lesta, Arelita cheisya Lisa Medika Yati Lizty, Sheilla Luky Kurniawan luky kurniawan, luky M. Rizkal Al Amin M. Zaki M.Hasbi Mardenis Mardenis Marlina, yuli Maulani, Reza Sri Muhammad Halkis Muhammad Irvan Muhammad Suhani Muhammad Syarif Muhammad Syarif, Muhammad Muhammad Yades, Kevin Nadya Paramitha Nani Mulyati Neni Vesna Madjid Nisa Dewi Asmar Novi Alvionita Novita, Nila NR, Fahmi Akbar Nur Aini NUR AINI Paramitha, Nadya Permata Kasman, Reta Pratisa, Devia Rahma Prim, Febiola Felda Pujha Setiawan J Putra, Gustinof Hase Qurratul Aini Rahayu Triningsih, Puja Rahmad, Vorry Rahmaddoni, Bayu Rahman, Richi Rahmatika Hakim, Tia Rembrandt Rembrandt Rembrandt, Rembrandt Retno Anggraini Reza Sri Maulani Rias, Irzal Romi Romi, Romi Rosari, Anton Roslim, Rina Rusyda, Fadila Saibih, Junaedi Saldi Isra Sari Wulan Sari Wulan, Sari Setiawan J, Pujha Sofyan, Syofirman Sri Arnetti Steffi Zafia Furqan Sucy Delyarahmi Suhani, Muhammad Suhendar Suhendar Suhendar Suhendar, Suhendar Suti Rahmi, Aidhil Syahputra, Julfahmi Syair, Kiki Rahmat Syofirman Syofyan Tia Rahmatika Hakim Titin Fatimah Titin Fatimah Titin Fatimah Vorry Rahmad Waldani, Izmi Wetria Fauzi Yahya, Ilham Yasniwati, Yasniwati Yaswirman, Yaswirman Yati, Lisa Medika Yoserwan Yoserwan Yoserwan Yoserwan, Yoserwan Yudha, Unggul Hangga Yuslim Yuslim Yuslim Yuslim Zaki, M. Zefrizal Nurdin, Zefrizal Zulfitri, Amelia