Feby Adelia Parhusip
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Miniriset Hukum Agraria Kepastian Hukum Atas Tanah Kosong di Kota Medan Filzah Irshadi; Feby Adelia Parhusip; Cindy Nababan; Dian Wahyu Harmoni Sembiring
Jurnal Relasi Publik Vol. 2 No. 1 (2024): Februari : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i1.2071

Abstract

Land has a fundamental role in the life of every citizen. Its importance can be seen from the enthusiasm of individuals in acquiring and maintaining land as a gift from God Almighty. As an agricultural country, Indonesia recognizes the importance of land as a source of people's welfare and as a foundation for industrial, agricultural and residential activities. Land issues are complex, especially after independence, with the dualism of agrarian law between colonial law and customary law. To overcome this, the government implemented Law Number 5 of 1960 concerning Agrarian Affairs, which eliminated this dualism and made Customary Law the material basis. This is in line with the principle of unified agrarian law for all regions of Indonesia. However, the issue of land control, especially vacant land or state land, creates legal uncertainty. Clarity of regulations is needed that provide legal protection for individuals who use land with good intentions, confirming the ownership status of the land. This is important so that the use of land for subsistence needs can be regulated legally, maintaining a balance between state interests and individual rights
Akibat Hukum Jual Beli Tanah Warisan Tanpa Persetujuan Ahli Waris Feby Adelia Parhusip; Wida Bonor Gultom; Muhammad Yoga Pratama; Sri Hadiningrum
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 1 (2024): Februari : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i1.863

Abstract

Islamic inheritance law is one of the rules that regulates humans and humans in matters of inheritance (inheritance). This law regulates the transfer of assets from deceased people to living people with detailed calculations and distribution. The aim of this research is to determine the legal consequences of buying and selling inherited land without the consent of the heirs. In this research the author uses Normative Law research, which is carried out by examining and analyzing legal regulations with legal issues in their consistency with existing principles. This type of research is a type of library research, which relies on the study and study of texts. The research results show that in Islamic law, land inheritance does not yet exist has been circulated and is prohibited from being sold because it still belongs to other heirs. If all heirs agree to the sale and purchase, it can be traded, if not it is considered illegal and revoked. Legal protection for buyers of inherited land that is not distributed is that they can file a civil lawsuit against the seller and the Notary/PPAT (official with the authority to make deeds) who has made the sales agreement.