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All Journal International Journal of Educational Research and Social Sciences (IJERSC)
Gusti Ayu Ketut Rachmi Handayani, I
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Aspects of Legal Certainty of Land Declaration Letters as Guidelines for Land Registration with Negative Stelse Chairunisa, Arrum; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.731

Abstract

Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the correctness of the data presented in the certificate. This briefly illustrates the condition that legal certainty is not guaranteed in land registration activities. Many people still think that the land statement they own is proof of ownership of land rights. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system does not apply forever. The negative publication system in Indonesia still adheres to positive elements, where the government will guarantee the correctness of the data presented after 5 years of the land being registered. These restrictions actually aim to provide legal protection for land owners, so that it is possible to file lawsuits by parties who feel entitled. This can be seen in land cases in the judicial process, such as the case of decision Number 160/Pdt.G/2020/PN Plk, where the Judge stated that the Land Declaration Letter was valid and had binding legal force in the name of Mr. Baturung. Land Statement Letter Number: 140,594/300 /KL-MTG/PEM. This research uses normative research methods accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, examining, studying and explaining accurately and analyzing applicable laws and regulations as well as various legal expert opinions, with the aim of getting answers to the problems raised. The Land Declaration Letter is a letter issued by the sub-district.
Land Declaration Letter As Proof Of Ownership Of Land Rights (Case Study In Palangka Raya City) Chairunisa, Arrum; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.735

Abstract

Land declaration (SPT) is the basic proof of ownership of a plot of land controlled by a person or legal entity. This right is generally used as a condition in the application process for the issuance of certificates of property rights by the National Land Agency. There are still many people who think that the Declaration of land owned is proof of ownership of land rights. It appears in many land cases in the judicial process. There are usually disputes between certificates and certificates, certificates and land certificates, or double certificates. However, the case that I take in this journal is taken from the decision of Case Number 160/Pdt.G / 2020 / PN Plk, which the judge declared valid and had legal force to bind the land declaration letter in the name of Mr. Basuki. Number: 140.594/300/KL-MTG/PEM Declaration of Land won from the Certificate of Title.. This study uses normative research methods that are accompanied by primary legal materials and secondary legal materials. To answer legal issues by describing, reviewing, reviewing, and explaining precisely and analyzing the applicable laws and regulations as well as from various legal expert opinions, in order to get answers to the problems raised.    
Effectiveness Of Electronic Holding Rights Registration (Ht-El) At The Tasikmalaya City Land Office Putri Herfawan, Maurynesa; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 6 (2023): December 2023 (Indonesia - Morocco - Angola)
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i6.746

Abstract

The emergence of technological developments has forced the Government to implement a new system in all fields, one of which is Electronic Mortgage Rights (HT-el) in order to speed up the land registration process at the National Land Agency (BPN). However, the system experienced various procedural and technical problems, such as system maintenance and errors in the HT-el registration process that occurred in Kantah, Tasikmalaya City. This study aims to analyze the implementation of the cancellation of Electronic Mortgage registration due to the delay in completing the registration file and the effectiveness of the implementation of electronic Mortgage registration at the Tasikmalaya City Land Office. This research is a sociological juridical legal research and uses descriptive qualitative analysis techniques. The results of this study indicate that a) the implementation of the cancellation of the Electronic Mortgage Right will result in the cancellation of the revocation and the system will automatically delete the registration application, so that the PPAT must submit a new HT-el registration application, issue a new PNBP Deposit Order for payment of re-registration, and The PPAT will still be held liable in a civil manner if there is a loss for the parties. And b) the effectiveness of the implementation of HT-el registration at the Tasikmalaya City Land Office at this time after the COVID-19 pandemic, it is felt that the HT-el registration process is quite good but not optimal because there are still several obstacles so that the implementation of HT-el is not in accordance with existing procedures on Juknis HT-el. There needs to be a solution to overcome the obstacles that occur internally and externally.
Co-Authors Chairunisa, Arrum Lego Karjoko Putri Herfawan, Maurynesa