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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

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

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

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.

Real Justice, Real Impact with the Prosecutors in Action Yofhan Wibianto, Muhamad; Hartiwiningsih, Hartiwiningsih; Gusti Ayu Ketut Rachmi Handayani, I
Journal of Human Rights, Culture and Legal System Vol. 5 No. 3 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i3.804

The prosecution service, as dominus litis, plays a pivotal role in ensuring the balance between the principle of legality and the pursuit of substantive justice within the criminal justice system. The enactment of the 2023 National Criminal Code, which formally recognizes the concept of living law, represents a significant paradigm shift by requiring criminal law enforcement to respond to social values and local community norms rather than relying solely on a rigid textual framework. This study addresses two central research questions: first, how the Criminal Procedure Code structurally constrains prosecutorial authority at the investigation and pre-prosecution stages; and second, how the formal recognition of living law generates implementation challenges, including normative conflict, discriminatory application, and legal uncertainty. Using a normative juridical research method with statutory, conceptual, and comparative approaches, this study finds a fundamental paradox within the prosecutorial function. Although prosecutors possess formal legitimacy as controllers of criminal cases, they lack adequate legal instruments to exercise this authority substantively. The absence of clear operational standards for applying living law risks undermining legal certainty and weakening the principle of equality before the law. Comparative analysis of prosecutorial practices in Canada, the Netherlands, and Germany demonstrates alternative models that integrate restorative justice, legal pluralism, and prosecutorial supervision more effectively. This study concludes that strengthening the prosecutorial role requires not merely procedural reform of the Criminal Procedure Code, but also ethical reinforcement, professional capacity building, and judicial verification mechanisms to ensure alignment with constitution, and universal human rights principles.

Fairness Aspects Of Compensation Arrangements In The Acquisition Of Land For Development For The Public Interest Gusti Ayu Kade Harry Adhisukmawati, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 1 (2023): February 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i1.606

The need for land for development for the public interest is increasingly urgent, while the supply of land is increasingly limited. The fairness and redress mechanisms in the land acquisition are often fraught with problems. This study aims to analyze the fairness aspects of the regulation and the mechanism for providing compensation in the acquisition of land for development for the public interest. This research is normative, and prescriptive, with a regulatory and conceptual approach. The results of the study found that a) the fairness aspect of land acquisition arrangements for the public interest can be seen from the guarantee of adequate compensations stipulated in Law Number 2 of 2012 concerning Land Acquisition for Development for Public Interest, Law Number 11 of 2020 concerning Job Creation, Indonesian Assessment Standard 204, and other laws and regulations that relating to land acquisition. And b) the mechanism for providing compensation is carried out after the assessment is by the Indonesian Assessment Standard 204, Law Number 11 of 2020 concerning Job Creation, deliberations, and validation activities are completed. The payment given can be in the form of money in Rupiah as agreed by the Land Acquisition Committee and the community, then it can be given through a bank account appointed by the Government.

Aspects of Ecological Justice in The Arrangement of Pelaba Pura Land in Bali Nyoman Satria Perwira, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 1 (2023): February 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i1.607

Indigenous peoples in Bali arrange life in such a way as to create harmony, one of the things that are regulated is the Pelaba Pura land which is used for ceremonial and gardening places, but in its application there are still many conflicts between the village and the community itself due to positive laws that have not regulated much about the Pelaba Pura Land. The purpose of the study was to understand the land arrangement of Pelaba Pura and its expediency and whether it was based on ecological justice. The research carried out is doctrinal research with a statutory approach using primary materials and anconceptualcept approach. This research uses deductive and inter-achievement syllogism analysis techniques on various primary legal materials in the form of laws and regulations, including Law Number 5 of 1960 concerning Agrarian Principles, Law No.38 of 1963 concerning the Appointment of Legal Entities that have Land Rights, and Law no.32 of 2009 concerning Environmental Protection and Management. The results of the study found that the management of the Pelaba Pura land in Bali is still not in line with the Palemahan concept, namely between humans and nature because not paying attention to the environmwhileises the loss of the actual benefit of Pelaba Pura and the Temple Collector is not so good at carrying out its obligations to maintain the function of the Pelaba Pura Land.

Validity Of Assessment Policy On Land Acquisition For Development In The Public Interest Gusti Ayu Kade Harry Adhisukmawati, I; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 2 (2023): April 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i2.629

The acquisition of land for development for the public interest is a manifestation of the social function of land rights which is seen as the first step in the implementation of development to improve community welfare. Problems in the process of acquiring land for development for public interest often occur due to inappropriate forms and amounts of compensation applied. This study aims to analyze the validity of assessment policies on land acquisition for development in the public interest. This research is normative, and prescriptive, with a legislative and conceptual approach. The results of the study found that land acquisition for the implementation of development the or public interest is carried out by releasing or surrendering land rights, while still providing protection and implementing the principle of respect for parties affected by land acquisition. The determination of the amount of compensation is carried out by the Public Appraiser as a professional Independent Appraiser who has received a license from the Minister. The assessment is carried out by the Assessor based on the Indonesian Assessment Standard 204. The indicator that forms the basis for the validity of the assessment policy on land acquisition for development in the public interest is appropriate compensation to replace with appropriate land in terms of value, benefits, and ability of replacement land, providing plus value, and the community gets the opportunity to live a better life.

Development Of The Implementation Of The Principle Of Contradiction Delimitation In The Process Of Complete Systematic Land Registration (PTSL) Patarida Sitorus, Dian; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 3 (2023): June 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i3.654

Land registration since the enactment of the basic agrarian law has never produced significant results until the last few years. The Ministry of Agrarian Affairs and Spatial Planning / National Land Agency often looks for ways to speed up land registration with the registration program proposed since 2016, namely the complete systematic land registration (PTSL). One of the important stages in the systematic registration of land is the application of the principle of delimitation contradiction. This study discusses the implementation of the principle of contradiction delimitation that has changed since the systematic land registry was implemented. This study aims to show how the effect of changes in the mechanism of implementation of the STs, especially in the implementation of the principle of contradiction delimitation. The research methods used in this work are normative legal research methods with a focus on positive legal norms as the main material. The results of this research is a change of the mechanism of implementation of the new PTSL resulted in changes in the implementation of the principle of contradiction delimitation. With the new PTSL implementation scheme, land registration is expected to be implemented with a relatively shorter period of time so that it will be more efficient. However, this change reduces the legal certainty of the regulation regarding the application of the principle of delimitation contradiction. The government in making policies is expected to always prioritize the importance of the legal basis for new policies before they are made.

The Status Of Grondkaart As A Tool Of Proof Of Land Registration In Indonesia W. Wardhani, Dinar; Gusti Ayu Ketut Rachmi Handayani, I; Karjoko, Lego
International Journal of Educational Research & Social Sciences Vol. 4 No. 4 (2023): August 2023
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v4i4.691

Grondkaart as one of the basis of control over land owned by individuals or legal entities, one of which is PT. KAI (Persero). The unclear position of grondkaart in the systematics of laws and regulations has resulted in various land tenure disputes. The purpose of this research is to provide information and legal consequences of grondkaart as evidence of land registration in Indonesia. The method used is a normative juridical approach with literature review on laws and civil cases in court. Grondkaart as evidence of land tenure and guidance because it refers to article 97 PP Number 18 of 2021, Besluit No 3 of 1890, there is no provision for the conversion of the UUPA, and it is not mentioned in one of the proofs of new rights based on PP Number 24 of 1997.

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