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Nurlia Mamonto, Andi Annisa

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Author-ID : 7569910

Agriculture, Biological Sciences & Forestry Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Sinkronisasi UUPA Terhadap Peraturan Perundang-Undangan di Bidang Penetapan dan Penggunaan Hak Atas Tanah Tuharea, Farida; Sari, Liani; Kurnia Katjong, Revie; Irsan, Irsan; Tuhumury, Harry A.; Nurlia Mamonto, Andi Annisa
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1862

In achieving what is emphasized in article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is neither necessary nor appropriate for the Indonesian people or the State to act as land owners, it is more appropriate if the State, as the power organization of the entire people (nation) acts as the Body. Ruler. It is from this angle that we must look at the meaning of the provisions in article 2 paragraph 1 of the UUPA which states that "Earth, water and space, including the natural wealth contained therein, are at the highest level controlled by the State". In accordance with the principles stated above, the word "controlled" in this article does not mean "owned", but is an understanding, which gives authority to the State, as the ruling organization of the Indonesian Nation, to at the highest level regulate and carry out the allocation, use , provision and maintenance thereof, determines and regulates the rights that can be had over (part of) the earth, water and space, determines and regulates legal relationships between people and legal actions concerning earth, water and space. Understanding the concept of the meaning and substance of the state's right to control land is important to straighten out existing authority in the form of regulating, administering/managing and supervising to avoid confusion and arbitrariness. The right to control from the state is "the term given by the UUPA to legal institutions and the concrete legal relationship between the state and Indonesian land

KEKUATAN SURAT PELEPASAN TANAH ADAT TERHADAP SERTIFIKAT TANAH YANG DITERBITKAN Nurlia Mamonto, Andi Annisa
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.729

For the traditional law society, land has a very important position. Together with the influences of regulations outside of the traditional law community, therefore, there is a change of value standard of the utilization of rights upon traditional land by the traditional law society itself. Land not only has social values; however, it also has economic values, which means, the rights of ownership of traditional land now can be transferred by the traditional authority to other parties outside of the traditional law society by the release of rights upon traditional land, it can be concluded that the ownership of disputed land by the government without a letter of customary waiver from customary parties is an act against local customary law, which has been supported by valid evidence in accordance with the decisions of the district court and high court, therefore the Land Agency must be more thorough in issue land certificates so that they can protect land rights, especially over customary land rights, for owners who have a weak position.

Sinkronisasi UUPA Terhadap Peraturan Perundang-Undangan di Bidang Penetapan dan Penggunaan Hak Atas Tanah Tuharea, Farida; Sari, Liani; Kurnia Katjong, Revie; Irsan, Irsan; Tuhumury, Harry A.; Nurlia Mamonto, Andi Annisa
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1862

In achieving what is emphasized in article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia, it is neither necessary nor appropriate for the Indonesian people or the State to act as land owners, it is more appropriate if the State, as the power organization of the entire people (nation) acts as the Body. Ruler. It is from this angle that we must look at the meaning of the provisions in article 2 paragraph 1 of the UUPA which states that "Earth, water and space, including the natural wealth contained therein, are at the highest level controlled by the State". In accordance with the principles stated above, the word "controlled" in this article does not mean "owned", but is an understanding, which gives authority to the State, as the ruling organization of the Indonesian Nation, to at the highest level regulate and carry out the allocation, use , provision and maintenance thereof, determines and regulates the rights that can be had over (part of) the earth, water and space, determines and regulates legal relationships between people and legal actions concerning earth, water and space. Understanding the concept of the meaning and substance of the state's right to control land is important to straighten out existing authority in the form of regulating, administering/managing and supervising to avoid confusion and arbitrariness. The right to control from the state is "the term given by the UUPA to legal institutions and the concrete legal relationship between the state and Indonesian land

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