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All Journal Rechtsidee Indonesian Journal of Innovation Studies
Savier, Alem
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Humanities Computer Science & IT Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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The Validity of Eigendom Land Transitioning to Certificate of Building Rights Without Administration from the Village Head: Keabsahan Tanah Eigendom yang Beralih Menjadi Sertifikat Hak Guna Bangunan Tanpa Administrasi Dari Kepala Desa Savier, Alem; Nafi’ah, Siti Basirotun; Aprillia, Tiara Rizky
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1054

Abstract

General Background: Land conversion is a crucial legal process in Indonesia's agrarian reform. Specific Background: The enactment of the 1960 Agrarian Law (UUPA) mandated the conversion of colonial land rights, including Eigendom, into the national land tenure system such as Sertifikat Hak Guna Bangunan (SHGB). Knowledge Gap: However, limited studies examine the legal implications when such conversions occur without formal administrative support from local authorities. Aims: This study investigates the legality of Eigendom land conversion into SHGB in the absence of administrative validation from the village head. Results: Using a normative juridical method and statutory interpretation, the study finds that the absence of administrative verification, particularly from the village head as the provider of land status information, undermines the legal validity of the SHGB conversion despite the presence of ownership evidence. Novelty: This research uniquely highlights the critical but often overlooked procedural role of local administrative involvement in legitimizing land rights transformation. Implications: The findings underscore the necessity of integrating formal administrative procedures to ensure legal certainty, minimize disputes, and strengthen public trust in land registration practices within Indonesia’s agrarian legal framework. Highlights: Highlights the legal impact of missing village administration in land conversion. Emphasizes the role of UUPA in transitioning colonial land rights. Stresses the need for administrative procedures to ensure validity. Keywords: Administration, Eigendom, Transition, Validity.
Legal Analysis of the Decision on the Request for Guardianship by the State for Christianity: Analisis Yuridis Terhadap Putusan Permohonan Wali Negara Bagi Agama Kristen Savier, Alem; Wahyudi, Eko
Indonesian Journal of Innovation Studies Vol. 25 No. 2 (2024): April
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v25i2.1075

Abstract

General Background: Marriage in the Christian religion fundamentally differs from other traditions, notably in the absence of a legal requirement for a marriage guardian. Specific Background: Instead, the presence of a priest to officiate the ceremony is deemed sufficient. This distinction is often misunderstood, leading to legal ambiguities and misapplications. Knowledge Gap: Despite clear doctrinal guidelines, there persists a lack of awareness regarding the role of state-appointed guardians in Christian marriages, as evidenced by legal cases requesting such appointments. Aims: This study aims to analyze the necessity and implications of appointing a state guardian in Christian marriages through the examination of relevant legal cases in the Jombang District Court. Results: The study highlights two pivotal cases: Request Number 20/Pdt.P/1994/PN Jmb, which was granted, and Request Number 119/Pdt.P/2023/PN Jbg, which was withdrawn. Novelty: By juxtaposing these cases, the research underscores the inconsistencies and the resultant need for greater legal and doctrinal clarity. Implications: The findings advocate for enhanced educational efforts within both the Christian community and the broader public to mitigate legal misunderstandings and to streamline the judicial approach to marriage guardianship in Christian contexts. This research contributes to the discourse by elucidating the legal boundaries and ecclesiastical stipulations of Christian marriages, promoting informed judicial decisions and societal understanding. Highlights: Legal Ambiguity: Inconsistent court decisions on state guardians in Christian marriages. Educational Need: Urgent need for educating communities on marriage guardianship in Christianity. Judicial Clarity: Importance of clear legal guidelines to prevent misapplications. Keywords: State Guardian, Decision on Request, Christian Marriage, Legal Analysis, Religious Doctrine
Co-Authors Aprillia, Tiara Rizky EKO WAHYUDI Nafi’ah, Siti Basirotun