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All Journal JUSTISI International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Humanities Education and Social Sciences
Dyah Widhiawati
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Legal Efforts for Owners to Regain Their Certificates Related to the Criminal Case of Embezzlement of Land Certificates by Notaries Sonia Claudia Candra; Abdul Madjid; Dyah Widhiawati
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1370

Abstract

In Indonesia, every land right, management right, waqf land and ownership right to a condominium unit are registered by recording them in a land book, which contains physical data and legal data of the land area in question and as long as there is a measurement letter, which is also recorded in the measurement letter. Normative research method. Civil Code (KUHPerdata) Article 1866 KUHPerdata: States that the legal owner of a land right has the right to prove his ownership. In cases of embezzlement, the owner can use legal proof of ownership to file a claim. Article 197: Regulates the restoration of lost rights, which can be used as a basis for filing an application for restoration of rights to embezzled certificates. Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA): Article 1 Paragraph (1), Article 37, Article 672. Government Regulation No. 24 of 1997 concerning Land Registration: Article 1 Paragraph (1). PP NO. 18 OF 2021: a series of activities carried out by the Government continuously, continuously and regularly including the collection, processing, bookkeeping and presentation as well as maintenance of physical and legal data from each plot of land owned by the community, legal entities and government agencies. In its implementation, the definition above is carried out based on the principles of simplicity, safety, affordability, up-to-date and openness. Basically, the issuance and cancellation of land title certificates can be done in two ways, namely cancellation due to a court decision and cancellation carried out by the BPN itself. because the court decision only assesses the validity / does not have legal force, while the cancellation of the certificate is the authority of the BPN, are two different things.
Analysis of the Implementation of ATR/BPN Regulation No. 3 of 2023 concerning the Issuance of Electronic Documents Wilfi, Vania; Amelia Sri Kusuma Dewi; Dyah Widhiawati
JUSTISI Vol. 11 No. 3 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i3.4373

Abstract

The aim of this study is to determine and analyze how the implementation of Article 14 Paragraph (2) of Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 3 of 2023 concerning the issuance of electronic documents related to virtual legal data research conducted at the ATR/BPN Office in Malang City is carried out, as well as the obstacles and efforts made by the BPN in Malang City in facing obstacles in legal data research. The method used in this study is a sociological approach to law, where law is viewed not merely as written rules but as a living and evolving social institution within society. The novelty of this research lies in its attempt to highlight how the implementation of virtual legal data research activities in land registration, as regulated by Ministry of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 6 of 2018 on Systematic Land Registration (PTSL), is carried out, particularly in Malang City. The results of this study are based on the research object, which focuses on specific research variables related to the implementation of legal data research in systematic land registration in Malang City. This study seeks to examine and analyze the challenges and efforts made by the ATR/BPN Office in Malang City in implementing legal data research in systematic land registration. The concludes that the implementation of virtual legal data research in the PTSL program still faces various obstacles, such as the absence of technical guidelines, limited human resources, technical constraints, and data inconsistencies. Improvement efforts are being made through enhancing the quality of personnel, collaborating with villages, and conducting evaluations and socialization. This study recommends that the Ministry of ATR/BPN evaluate relevant regulations and promote increased legal awareness and administrative order in land matters among the public.
LEGAL CERTAINTY OF INHERITANCE BPHTB COLLECTION BY BAPENDA MALANG CITY Sandi Permana Nugraha; Tunggul Anshari Setia Negara; Dyah Widhiawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.1101

Abstract

In the provisions of Article 7 paragraph (2) letter e of the Malang City Regional RegulationNumber 15 of 2010 concerning BPHTB Malang City, there are no further regulations regarding the definition of market value, who is authorized to determine market value and how the mechanism for determining it. Thus causing the market value in Article 7 paragraph (2) letter e to be interpreted freely (multiple interpretations). The purpose of this study is to analyze and find out how legal certainty determines market value in the collection of BPHTB Inheritance by Bappenda in Malang City. The results of the study show that market value regulation in the Perda BPHTB Malang City does not guarantee legal certainty. This has an impact on the violation of the principles of BPHTB collection which includes the principles of justice, legal certainty, legality, and simplicity. In addition, legal uncertainty regarding market value regulation has led to acts that exceeded the authority in collecting BPHTB conducted by Bapenda Malang City.
JURIDICAL IMPLICATIONS THE JOINT MEETING OF THE PURA DWIJAWARSA FOUNDATION IS BASED ON LEGAL CERTAINTY Melati Putri Nusa, Luh Putu Ayu Meilina; Djumikasih; Dyah Widhiawati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 6 (2023): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i6.1167

Abstract

The Foundation Law provides an understanding that a foundation is a legal entity engaged in religious, social, and humanitarian fields. This research discusses the juridical implications of the joint meeting held at Yayasan Pura Dwijawarsa with the aim of appointing the foundation's trustees, the regulation of the joint meeting is contained in article 7 number 6 of the Articles of Association contained in the Deed of Establishment of Yayasan Pura Dwijawarsa Number 29 dated April 25, 2008 made before notary Niluh Elita Mahariany S.H., M.Kn, the article states that if for any reason the foundation does not have a trustee, then since the vacancy is obliged to appoint a trustee based on the decision of a joint meeting by the management and supervisory organs. But what happened in Yayasan Pura Dwijawarsa, the joint meeting aimed at appointing the coach was carried out by the management and supervisors who had ended their term of office. This research is a socio-legal research using a sociological juridical approach. The results of the analysis show that there are several impacts arising from the existence of the joint meeting so that it is not in accordance with one of the objectives of the law, namely legal certainty.
Co-Authors Abdul Madjid Amelia Sri Kusuma Dewi Djumikasih Melati Putri Nusa, Luh Putu Ayu Meilina Sandi Permana Nugraha Sonia Claudia Candra Tunggul Ansari Setia Negara Wilfi, Vania