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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

Incompleteness of Norms Regarding the Deadline for Cancellation of Certificates Above 5 Years in the Context of Land Law Certainty Ari Yuliani, Anggi; Herlindah; Hamidi Masykur, Mohammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6525

Abstract

The government has clearly stated the purpose of land registration through the Basic Agrarian Law. This law applies to all regions in Indonesia. It ensures legal certainty for the community. Article 19, paragraph (1) clearly states this. The following articles regulate the stages prior to the issuance of certificates. First, the land area is measured. Then, a map is created in printed form. Once the mapping stage is complete, the data is recorded in a register. The land registration system is inadequate. This has led to overlapping land ownership and procedural errors in land registration. As a result, there are administrative defects in land certificates. These administrative defects can render certificates invalid. Land disputes are common and take a long time to resolve, particularly those related to the invalidation of certificates that have been invalid for more than five years. The application and implementation of policies for resolving these disputes lack complete regulations or have incomplete legal norms. This leads to legal uncertainty in the resolution and ownership of the land
LEGAL REVIEW OF ALLUVIAL LAND CONFLICTS FROM SEAWATER SEDIMENTATION IN WERU VILLAGE, LAMONGAN REGENCY Pranata, Keri; Zainudin, Arif; Widyanti, Yenny Eta; Herlindah; Puspitawati, Dhiana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5339

Abstract

This research is intended to examine the alluvial land conflicts in Weru Village, Paciran District, Lamongan Regency from a legal perspective. The emergence of the Alluvial Land has given birth to disputes between the community and the Village Government. So far, the community has used the Alluvial Land to meet their needs as fishermen. Meanwhile, the village government claims that the land is an asset.  On the other hand, the village government wants to build a breakwater. To support the funding, the village government engages the community by buying and selling on behalf of donations to the Alluvial Land. So that this alliance exists, the community feels disadvantaged because of the unclear alliance. This study uses a normative juridical method strengthened with field data to analyse this case. Based on the legal review of this case, First, the Alluvial Land is state land, which, since the emergence of management, has become the responsibility of the state. However, the community or other legal entities can own such property rights based on the terms and conditions of laws and regulations. Second, the engagement carried out by the Village Government with some communities is considered null and void because one of the elements of the agreement is not fulfilled.