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All Journal Media Iuris Veteran Society : Jurnal Pengabdian Masyarakat Yuris: Journal of Court and Justice
Soelistyowati
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Law, Crime, Criminology & Criminal Justice

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The Epistemology of Land in an Adat Perspective: Philosophical Aspects of Human Relations With Land in the View of Mohammad Koesnoe Moechthar, Oemar; Sekarmadji, Agus; Soelistyowati; Poespasari, Ellyne Dwi; Sampe, John Roberto
Media Iuris Vol. 7 No. 1 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i1.44976

Abstract

AbstractThe spirit of agrarian law reform in Indonesia has been proposed since 2001, but to date it has not been realized. On the one hand, the existence of adat law as the basis for the formation of national agrarian law as stated in the UUPA needs to be questioned again, whether it actually uses adat law as its raw material, or whether it still uses colonial law. The discussion in this article aims to contribute ideas related to the reform of agrarian law in Indonesia which is based on customary law regarding land. The direction of this reform is based more on the views of adat law expert, Mohammad Koesnoe. The type of research in this article is legal research using a conceptual approach and also a statute approach, and analyzed using historical, systematic and grammatical interpretation methods. The research results show that customary law is still relevant to use as a basis for legal reform in Indonesia while still referring to the rechtsidee of the Indonesian nation as stated in Pancasila. Therefore, agrarian reform in Indonesia should refer to the original law of the Indonesian people, namely adat law.Keywords: Adat Land Law; Agrarian Law Reform; Soil Epistemology.
THE SETTLEMENT OF ADOPTED CHILDREN STATUS REGARDING THE INHERITANCE OF ADOPTION PARENTS IN TORAJA COMMUNITIES Poespasari, Ellyne Dwi; Usanti, Trisadini Prasastinah; Soelistyowati
YURIS: Journal of Court and Justice Vol. 2 Issue 1 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i1.240

Abstract

The child adoption in Toraja community is valid when it is conducted with traditional ceremony. However, the adoption of children that declared with traditional ceremonies still does not fully meet the requirements in written law which can lead to the legitimacy of adopted child position as the heir of his adoptive parents. The settlement of disputes over the inheritance distribution of adopted children can be resolved through the deliberations of relatives and customary heads. However, in its development, the Toraja community began to resolve these disputes through the courts, because it was considered more capable of providing justice and legal certainty. This legal research is empirical research (socio-legal research) that can be classified into analytical descriptive research. The data used is primary data, which is obtained from observation, interviews with respondents and informants while secondary data is in the form of judge's decisions and related legal theories.
Legal Knowledge Related to Land Registration and Electronic Certification of Land Ownership Oemar Moechthar; Soelistyowati; Ellyne Dwi Poespasari
VSJ | Veteran Society : Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2021): Veteran Society : Jurnal Pengabdian Masyarakat
Publisher : Fakultas Hukum, UPN Veteran Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33005/vsj.v2i2.24

Abstract

The dynamics of land in Indonesia have led to various conflicts, one of which is proof of land rights in the form of land rights certificates. The existing conditions, until 2021, it turns out that many rights subjects do not have land rights certificates; they only rely on evidence in the form of old rights, including girik, pipil, kekitir. The proof of the ancient rights proved to be less able to guarantee legal certainty and legal protection than the certificate of land rights stated in the UUPA. In addition, there is Regulation Number 1 of 2021 concerning Electronic Certificates that must be applied. This situation will be a problem that will be discussed related to land registration which is done manually turning into electronic, which is later expected to make it easier for the community to obtain proof of ownership of their land rights. This activity is part of implementing the Tri Dharma of Higher Education, one of which is community service in the form of legal counseling. Through this activity, it is hoped that the community can play an active role in registering proof of land rights for certification and encourage the achievement of "no land ownership without certificates" that the Government can carry out.
Co-Authors Agus Sekarmadji Ellyne Dwi Poespasari Oemar Moechthar Sampe, John Roberto Trisadini Prasastinah Usanti