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All Journal Jurnal Magister Hukum Perspektif International Significance of Notary
Nurdaiman, Taqiy
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Juridical Analysis Of Court Determination Number: 1/Pdt. P-Kons/2021/Pn Gpr On Consignment Land Acquisition At Dhoho Kediri International Airport Isnaeni, Diyan; Sunardi, Sunardi; Nurdaiman, Taqiy
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.v6i2.25934

Abstract

Abstract: In the implementation of the Deliberation on the Form and/or Amount of Compensation in the Land Procurement of Dhoho Kediri International Airport, there are Rights Holders who disagree with the deliberations, the Rights Holders who disagree do not submit an Objection to the local District Court, until finally the Land Procurement Implementer makes an Application for Compensation Custody through the Court. The validity of the Compensation Custody through the Court is reviewed from Law Number 2 of 2012, as well as what are the legal consequences of the issuance of the Court Determination. This research uses a normative juridical method, which analyzes a legal problem using laws, books, journals, and other written works that have legal standing. The conclusion of this study is that the Court accepted the Consignment Application because the Right Holder who did not agree with the results of the deliberation on the amount of compensation did not file an objection to the District Court 14 days from the holding of the Deliberation on the Form and/or Amount of Compensation Agreement, and its existence could not be found. The validity is absolute, considering that the conditions of the Application have been fulfilled by the Land Acquisition Implementer. Regarding the legal consequences of the Court Determination, it is considered to be the termination of the legal relationship between the Right Holder and its land, it is considered to be handing over the right to its land to the State, and the nature of the Determination is final so it must be accepted and implemented by all parties. In the end, the Right Holder accepted the results of the Consignment and was also present in the execution of the object in question. 
PENERAPAN PEMBELIAN TANAH DALAM RANGKA PENGADAAN TANAH UNTUK BANDARA Nurdaiman, Taqiy; Al-Ansori, Huzaimah; Wachid Hasyim, Moch
Jurnal Magister Hukum Perspektif Vol. 14 No. 2 (2023)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/magister.v14i2.85

Abstract

The application of land purchase/procurement in the context of land acquisition for the public interest of the airport whose land object is still in the effort to transfer rights to the PPJB stage needs to be studied. The formulation of the problem in this study, how is the process of purchasing land in the context of land acquisition for the public interest of the airport based on PP No. 19 of 2021, and what is the ownership status and legal protection for landowners who have been purchased by speculators up to the PPJB stage before the letter of determination of the location of land acquisition is issued by the government. The purpose of this study is to further examine the application of PP No. 19 of 2021 as a legal basis in land acquisition for development for the public interest of airports, and the suitability of its application with existing norms and positive laws in guaranteeing the rights of entitled landowners. The method used in this research is normative juridical with a statutory approach. The result of this research is that PP No.19 of 2021 has improved the previous law, it's just that there is no limit to the rules regarding eligibility standards regarding agencies to be able to apply for land acquisition, and the laying of location determinations which results in restrictions on the transfer of rights that are less effective, as well as the unclear application of article 139 so that the author concludes that this PP is still immature. Meanwhile, regarding the protection and ownership status of HAT on the right owner, adhering to the legal force of the PPJB which has the status of an underhand deed, the land rights remain with the seller, while the legal protection of the legal actions carried out, namely by making a new agreement as mandated in article 1233 of the Civil Code. Keywords: Land Procurement, Land Purchase, Speculators.
Co-Authors Al-Ansori, Huzaimah Isnaeni, Diyan Sunardi Sunardi Wachid Hasyim, Moch