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All Journal Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan NEGREI: Academic Journal of Law and Governance IIJSE Danadyaksa: Post Modern Economy Journal
Sjafi'i, R. Imam Rahmat
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Keabsahan Surat Keterangan Ahli Waris Yang Dibuat oleh Kepala Desa/Lurah dan Camat Untuk Warga Negara Indonesia Asli Rohmatin, Siti; Widhiarto, Aran Eko; Sjafi'i, R. Imam Rahmat
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 7, No 1 (2022): Maret 2022
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (380.727 KB) | DOI: 10.17977/um019v7i1p256-264

Abstract

This study aimed to analyze the registration of land rights based on inheritance and the legality of the heir certificates made by the headman and district head. The type of research used in this study was normative juridical with a statutory and conceptual approach—sources of data obtained from primary, secondary and tertiary legal materials. The data analysis technique used a systematic method. The results showed that the registration of land rights due to inheritance required an heir letter. However, an heir certificate signed by the heirs and having the support of the headman and district head was not sufficient evidence but should obtain legality. Therefore, the making of heir certificates became overlapped between the heirs and village officials, especially regarding the legality of the cover letter.
Notary's Responsibility for Making Deed of Statement Related to Sale and Purchase Deed Containing Nominee Element Putri, Sekar Rizqi Triroosa; Kusumadara, Afifah; Sjafi'i, R. Imam Rahmat
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i2.11137

Abstract

Notaries have the authority to make authentic deeds and are obliged to provide legal counseling related to deed making. However, there are notaries who provide legal counseling unethically, providing shortcuts without adequate consideration, which can lead to disputes and involve notaries in cases of Sale and Purchase Deeds Containing Nominee Elements. This is contrary to the Basic Agrarian Law (UUPA) and the Notary Position Law (UUJN), which prohibit foreign nationals from owning land titles in Indonesia and require notaries to act honestly and safeguard the interests of all relevant parties. Such actions are considered to violate the law and ethics of the notary profession. The method used is normative juridical research, to identify problems related to the Responsibility of Notaries for Making Statement Deeds Related to Sale and Purchase Deeds Containing Nominee Elements and will be analyzed based on legislation etc. The brief conclusion obtained from the results of this research is that Law Number 2 of 2014 concerning the Position of Notary stipulates that notaries who violate the rules will be subject to administrative sanctions, such as written warnings, temporary dismissal, honorable dismissal, and dishonorable dismissal. In addition, in civil law, notaries who cause losses to other parties due to violations may be subject to sanctions in the form of reimbursement of costs, compensation, and interest according to Article 84 of the Notary Position Law. These violations can cause the deed made by the notary to be degraded, only have evidentiary power under the hand, or be null and void.
KENDALA DAN HAMBATAN PEMENUHAN KESESUAIAN KEGIATAN PEMANFAATAN RUANG (KKPR) DALAM SERTIPIKASI TANAH MILIK PEMERINTAH KOTA MALANG Salsabila, Alodia; Masykur, Mohammad Hamidi; Sjafi'i, R. Imam Rahmat
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 2 (2025): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.7329

Abstract

In principle, it can be seen that the granting of land rights is based on the allocation of space in accordance with the spatial plan. In its development, there are still legal phenomena in the form of violations of spatial planning. The law explicitly stipulates that the granting of land rights must be based on the use of space, including in the certification process of Regional Property as an asset security activity. Currently, the Malang City Government is actively implementing a BMD certification program in the form of land in the Malang City Area. The certification of regional government asset land is certainly not carried out without obstacles. Normatively based on the provisions of Article 115 letter c of 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 2021 concerning Procedures for Determining Management Rights and Land Rights, the Malang City Government is required to attach the requirements for the Conformity of Spatial Utilization Activities document so that the Regional Government in the process of implementing the certification of Regional Property does not carry out potential activities that can result in violations of spatial planning. However, based on the survey that the author has conducted, it is known that it seems that the fulfillment of the KKPR document cannot be carried out following the legal mandate. Moreover, it is known that many of the assets of the Malang city government are settlements utilized by the community. Therefore, further study is needed regarding the obstacles and barriers to fulfilling the suitability of spatial utilization activities (KKPR) in the certification of land owned by the Malang city government.
Legal Construction of Government Agency Asset Certification Regarding Land Rights Formerly Under Dutch Control Mahendra, Jacki; Masykur, Mohammad Hamidi; Sjafi'i, R. Imam Rahmat
Danadyaksa: Post Modern Economy Journal Vol. 3 No. 1 (2025): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v3i1.154

Abstract

An important aspect of optimal management of state assets includes aspects of securing state assets. The form of state asset security measures can be through certification activities for land plots spread throughout the territory of Indonesia. Normatively, "Law of the Republic of Indonesia Number 1 of 2004 concerning State Treasury instructs that state/regional property in the form of land controlled by the Central/Regional Government must be certified in the name of the government of the Republic of Indonesia/the relevant regional government." In its development, it turned out that there were assets owned by government agencies that had the status of objects of Control of Fixed Assets Owned by Individual Dutch Citizens" or Dutch Legal Entities (P3MB). Normatively, the P3MB land certification process has special regulatory characteristics, namely the priority scale of granting rights and payment of compensation to the State through the Sale and Purchase. Of course, this is. However, what the author needs to highlight here is that there is no subject of Prospective Recipients of Rights in the Government/Government Agency group. In addition, problems also occur regarding the purchase mechanism up to the process of transferring rights by Government Agencies, which should be a single entity with the State itself.
Co-Authors Afifah Kusumadara Mahendra, Jacki Masykur, Mohammad Hamidi Putri, Sekar Rizqi Triroosa Rohmatin, Siti Salsabila, Alodia Widhiarto, Aran Eko