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Journal : International Journal Reglement

Legal Problems of Land Services Online Farid Wajdi; Rahmat Ramadhani
International Journal Reglement & Society (IJRS) Vol 3, No 1 (2022): January-April
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v3i1.201

Abstract

The problem of online land services by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) has several legal problems related to the nature of land registration to ensure legal certainty as its main substance. The problem to be discussed is regarding the online land service policy implemented by the National Land Agency with various obstacles and legal problems that arise against the policy. The research method used is normative legal research. The results showed that in terms of online land services, for the first time registration activities, especially in physical land measurement services, it could not be carried out online so that the substance of online land service policies could not be fully implemented. The lack of public knowledge about technology makes it difficult to access land services online, which becomes a separate obstacle in implementing online land service policies
Legal Consequences of Transfer of Home Ownership Loans without Creditors' Permission Rahmat Ramadhani
International Journal Reglement & Society (IJRS) Vol 1, No 2 (2020): September - December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v1i2.8

Abstract

The transfer of mortgage loans is carried out without prior approval from the bank as the debtor and is carried out under an underhand loan agreement between the parties. This research uses normative juridical legal research methods (normative research), namely legal research conducted by examining library materials or secondary data. The research specification in this paper is descriptive analytical research. Based on the results of the research, it is known that the transfer demands several things that need to be known, namely changes or additions to the provisions of this agreement can only be done after there is an agreement and it is done in writing that is signed by the creditor and debtor, the debtor is not entitled to transfer or transfer rights and obligations. part or all based on this credit agreement to other debtors without prior written approval from the creditor, the creditor can transfer or transfer part or all of the rights and obligations under the credit agreement to other creditors with prior written notification to the debtor.
The Function of the Delimitation Contradictory Principle in the Settlement of Land Plot Boundary Disputes Rahmat Ramadhani; Ummi Salamah Lubis
International Journal Reglement & Society (IJRS) Vol 2, No 3 (2021): September-December
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v2i3.142

Abstract

Placement of boundaries is necessary to avoid boundary disputes between landowners. The installation of land boundary markings by the owner with the approval of the boundary neighbors witnessed by village officials or authorized officials is called the delimitation contradiction principle. This principle is evidenced by an affidavit of approval which is signed directly by the land owner and adjacent land owner and witnesses who are present in the form of village officials. The principle of contradictory delimitation is a very basic thing that must be done by the owners, this is the main and very important condition for the land to be registered at the land office. Although land registration and the principles in land registration have been regulated in such a way and there is a legal basis governing these provisions, there are still many people who do not care, causing a problem, one of which often occurs in the field, namely the lost land boundary because the owner does not care. maintain and maintain these boundaries properly so that at the time of measurement by the land surveying officer, new land boundaries are installed and do not present bordering neighbors so that errors can occur in determining land boundaries. The problem that often arises is that neighboring neighbors underestimate their presence, consider measurements to be unimportant for certain reasons and because this can lead to disputes with other owners seizing land boundaries and there is no agreement between the parties in determining land boundaries. This indicates that the delimitation contradiction principle is not fulfilled. The procedure used to collect data in this study is in the form of documentation, namely the guidelines used in the form of notes or quotes, searching for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. Basically the application of the delimitation contradiction principle is the presence of the parties concerned, namely the land registration applicant and the parties directly adjacent to the land boundary measurement and mapping carried out by the Land Office. has not been carried out, it is also possible that all of the parties concerned came but at the time of the measurement there was a dispute of opinion regarding the results of the measurement and mapping of land boundaries that was carried out, the application of the Delimitation Contradictory principle had also not been implemented.
Legal Protection for Land Rights Holders Who Are Victims of the Land Mafia Rahmat Ramadhani
International Journal Reglement & Society (IJRS) Vol 2, No 2 (2021): May - August
Publisher : International Journal Reglement & Society (IJRS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/ijrs.v2i2.114

Abstract

Cases over land disputes will be increasingly widespread. News of clashes during executions between the apparatus and the community in land cases every day color the reports in both print and electronic media. Land disputes cover a fairly large number. The continuing increase in land conflicts today, is a combination of the lack of efforts to resolve these conflicts systematically. Especially in the context of fulfilling the sense of justice and human rights of the victims on the one hand. There are several main causes that cause conflicts over land to increase, first, the existence of land mafias playing in land registration. This means that someone is trying to find the slightest opportunity by entering the official's signature. Second, the lack of knowledge of the apparatus, in this case someone who wants to register his land in order to get a certificate of his rights must really know how the process must be carried out or passed to register the land. The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotes, searching legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail to facilitate interpretation in the discussion. One of the government's efforts in eradicating the land mafia is to make regulations or technical instructions in this case the Ministry of Agrarian Affairs and Spatial Planning of the National Land Agency issued technical instructions Number 01/JUKNIS/D.VII/2018 concerning Prevention and Eradication of Land Mafia. In addition, the government's efforts through the National Land Agency to eradicate the land mafia are by filing good and correct land rights certificates. Archives have an important role for every agency or organization because the archive is evidence of the administrative track record for the agency or organization. Government Regulation No. 24 of 1997 concerning Land Registration which aims to provide legal certainty to the holders of rights to a parcel of land, housing units and other registered rights so that they can easily prove themselves as holders of the rights in question, to provide information to the parties concerned. interested parties including the Government so that they can easily obtain the data needed to carry out legal actions regarding registered land parcels and apartment units, for the orderly implementation of land administration. In order to protect the community as victims of the land mafia, in this case, of course, criminal sanctions are needed for land mafias who have violated the applicable laws and regulations. Criminal law enforcement is part of criminal politics (criminal policy) as one part of the overall crime prevention policy, indeed the implementation of criminal law is not the only hope to be able to resolve or overcome the crime completely.