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Perlindungan Hukum terhadap Petani yang Memiliki Keahlian dalam Pemuliaan Tanaman Hermina Intan Talu; Jimmy Pello; Orpa J. Nobatonis
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 6 (2024): November: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i6.574

Abstract

The aim of this research is to analyze the legal protection of farmers who have expertise in plant breeding. This research method uses legal research with normative research type, which is a type of doctrinal legal research which in certain contexts is known as literature study or document study. The results of this study are that legal protection for plant breeders in Indonesia is still inconsistent, especially in Law Number 12 of 1992 tends to favor large companies with financial and technological resources, while Law Number 29 of 2000 does not provide special treatment for small farmers who face procedural obstacles and high registration costs. Law No. 4/2006 has also not provided special protection to plant breeding farmers. Norm making to protect farmers in plant breeding is faced with several inhibiting factors. These factors include the lack of clear regulations on protecting the rights of traditional farmers, limited access to their participation in the rule-making process, and limited resources and legal knowledge. In addition, the dominance of industrial interests, slow bureaucracy, and lack of communication and socialization of regulations further exacerbate the gap, while favoring modern farmers ignores small and traditional farmers.
Faktor Penyebab dan Mekanisme Penyelesaian Sengketa Tanah Warisan: (Studi Kasus: Kampung Ulayat Mbehal Menjerite, Kecamatan Boleng, Kabupaten Manggarai Barat) Dionisius Hadimarino Ramli; Orpa J. Nobatonis; Helsina Fransiska Pello
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4441

Abstract

The purpose of this research is to analyze the causal factors and mechanisms for resolving inherited land disputes. The type of research in this study is empirical legal research with data collection through observation, interviews. The results of this research are the factors causing inheritance land disputes in Kampung Ulayat, Mbehal Menjerite, Boleng District, West Manggarai Regency are the Uncertainty of Land Certification Uncertainty regarding land ownership in this area is caused by the lack of legal land registration at the National Land Agency (BPN). This is contrary to the provisions in the Basic Agrarian Law (UUPA) Without a valid certificate, ownership rights become weak and vulnerable to disputes and also the unilateral sale of land without the consent of all heirs potentially violates their rights. The mechanism for resolving inherited land disputes in the indigenous community of Kampung Ulayat, Mbehal Menjerite, Boleng District, West Manggarai Regency is mediation, which is an important first step in resolving land disputes. Indonesian civil law encourages dispute resolution through mediation to avoid prolonged conflict. However, the results of mediation sometimes do not satisfy all parties and in court heirs who feel aggrieved can file a lawsuit to claim their rights.