Suratman, H.
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Agricultural Land Control Based On The Regulation Of The Minister Of Agrarian And Spatial Planning/ Head Of The National Land Agency Of The Republic Of Indonesia Number 18 Of 2016 Concerning Control Of Agricultural Land Tenure Sunardi, Sunardi; Suratman, H.; Mahmud Hanafi, Wildan
International Significance of Notary Vol 6, No 2 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i2.25935

Abstract

Abstract: Control of Agricultural Land Tenure. Aims to control the use of agricultural land for housing or other functions other than agriculture. This is a problem, what if a citizen has land with agricultural status, then there are many things that have to go through until it can be divided and sold to other parties. The formulation of the problem of agricultural land division is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 18 of 2016 concerning Control of Agricultural Land Tenure and the legal consequences if the division does not use the Site Plan issued by the Regency and City Governments. This research is normative research with a statutory and conceptual approach as a result of research on the Process of Dissolving Agricultural Land Based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 18 of 2016 concerning Control of Tenure of Agricultural Land, if the author analyzes the legal system theory then , After the regulation was issued, it aimed to control agricultural land which would be converted into residential land, so that it was limited by this regulation, in theory the authority of the BPN was the institution appointed by the state to carry out control over the conversion of land, by cooperating with the relevant agencies. each district and city, among other things, by determining the RT RW of the city/district, with regard to the process of splitting agricultural land based on the authority of BPN, the applicant must submit a PERTEK to BPN. If in the RT RW the city is not included in green land then the land is permitted for splitting land plots, On the other hand, if the city/regency RT RW includes green land then the land plot will be rejected and the land will never be able to be submitted for land parcel splitting. Waiting for changes to the new district/city RT RW by submitting it to the central BPN ministry. This is in accordance with the Decree of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN Number 1589/SK-HK.02.01/XII/2021 concerning Determination of Maps of Protected Rice Fields (LSD) in Regencies/Cities. Maps of protected rice fields/agriculture are used as material for The Central Government and Regional Governments are in accordance with their authority in determining sustainable food agricultural land in regional spatial plans and detailed spatial plans. Legal Consequences If the Separation of Agricultural Land Does Not Use the Site Plan Issued by the Regency and City Governments, if the author analyzes the theory of authority, it will be rejected because the set plan is absolutely mandatory for the process of dividing land plots exceeding 5 plots and agricultural land. 
IMPLEMENTATION OF ROYA PARTIAL OBJECTS OF COLLATERAL RIGHTS AFTER THE APPLICATION OF REGULATION OF THE MINISTER OF AGRARIA AND SPATIAL PLANNING / HEAD OF THE NATIONAL LAND AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 5 YEAR 2020 CONCERNING ELECTRONIC INTEGRATED COLLATERAL RIGHTS SERVICES (Study at Land Office of Malang City) Sunardi, Sunardi; Suratman, H.; Ali Akbar, Jabbar
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.23197

Abstract

In this digital era, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency seeks to keep abreast of developments by launching electronic services that can be used by Financial Institutions, regarding electronic Mortgage Rights, hereinafter referred to as HT-el, regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of Agency National Land Affairs Number 5 of 2020 concerning Electronic Integrated Mortgage Services which also regulates partial royalties. Article 17 Paragraph (2).Formulation of the problem 1) How to Implement Roya Partial Mortgage Objects Integrated Electronically in the Land Office of Malang City for Creditors and PPAT. 2) What are the Obstacles in the Implementation of Roya Partial Objects of Mortgage Rights Integrated Electronically Faced by Users of Electronic Mortgage Services and Their Settlement Efforts. This research method uses an empirical juridical method with a statutory and sociological approach.The results of research on the Implementation of Roya Partial Mortgage Objects Integrated Electronically in the Land Office of Malang City for Creditors and PPATs are carried out in accordance with regulations. Namely a partial Roya can be done if in the APHT, in which there are several mortgage objects that are guaranteed, a roya agreement (crossing out) is stated for some (partial) mortgage objects whose debt payments have been paid off. The inclusion of this agreement is actually the basis for enacting a partial royalty in the mortgage certificate by the land office. Because if it is not agreed upon, what will apply are the provisions for the implementation of the roya as a whole, as stipulated in Article 2 paragraph (1) of the Mortgage Law, which states: "The mortgage has the nature of not being divided, unless it is agreed in the deed of granting mortgage rights as referred to in paragraph (2).Constraints in the Implementation of Roya Partial Objects of Mortgage Rights Integrated Electronically. Obstacles 1) overlapping rules, 2) the roya process sometimes exceeds 5 working days this is caused by a) high electronic roya submissions, b) lack of public awareness, c) NIK that is not validated, d) unpreparedness from related agencies (ATR BPN) e) system from the ministry which sometimes often errors. The efforts to overcome this are 1) if the guarantee is more than 1 guarantee, it can be used as long as it is promised 2) it is conveyed to the debtor or creditor to take care of the loan as soon as possible 3) For obstacles regarding the readiness of the ATR / BPN Malang City HR, namely by held training and on the implementation of electronic-based Roya Partial, besides that the ministry held improvements to the HT-el and roya HT-el systems. Keywords: Partial Roya, Mortgage-Electronic Rights