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Implementation of Government Policy Through Complete Systematic Land Registration in the Context of Accelerating Certificate Services in Indonesia Suwari Raturandang; Tjempaka
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1204

Abstract

The increasing population and need for land in Indonesia has made legal certainty over land very important. Many people own land but do not have official certificates, which leads to legal uncertainty and potential land disputes. The purpose of this study is to analyze the implementation of the PTSL policy, the challenges faced, and the expected impact of accelerating land certificate services in Indonesia. This research uses a normative method with a statutory approach, relying on secondary data from various official sources such as government documents, books, research reports, and legal literature. The results show that PTSL is more effective than the previous policy, the National Agrarian Operations Project (PRONA), which was limited by budget and area coverage. PTSL has a more comprehensive approach by targeting all land parcels in one village, thus providing land certificates to more people. The program has improved legal certainty, reduced land disputes, and supported economic development by providing greater access to credit and investment. This demonstrates that government policy through PTSL can be an effective model for better, inclusive, transparent and equitable land governance, and contribute to improved community welfare and national economic development.
Legal Consequences of a Notarial Deed That Does Not Accord to the Facts And is Not Signed in the Presence of a Notary (Study Decision Number 46/Pdt.G/2023/PN Cbi) Christy Chandra; Tjempaka
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.820

Abstract

Indonesia has established its country as a rule of law so one of the goals of a rule of law is to create legal certainty in every interaction between society and the state. The agreement made by a notary in a notarial deed is a manifestation of legal certainty. Laws Number 2 of 2014 concerning Amendments to Laws Number 30 of 2004 concerning the Position of Notaries has given authority to notaries to make authentic deeds. One of the problems that often occurs is that the contents of the notarial deed are not by the wishes of the person present and are not signed in the presence of a notary. The purpose of this research is to determine the validity of a deed that was not made according to the wishes of the appeared and was not signed before a Notary and its application in the case of Decision Number 46/Pdt.G/2023/PN Cbi. This research uses normative legal research methods with an approach to legal cases (case study) and statute approach using secondary data types and data collection techniques, namely interviews and document studies, as well as using legal analysis and prescriptive data collection techniques. Based on the results of this research, it is necessary to know that the validity and legal force of a deed that has been made by a Notary but not in the appeared, where the contents of the deed are not per the wishes of the appearer and is not signed in the presence of the Notary, then the action carried out by the Notary is unlawful acts regulated in Article 1365 of the Civil Code so that the person appearing can ask the Notary to be held civilly responsible as in the case in decision Number 46/Pdt/G/2023/PN Cbi..
Juridical Review of Wills That Do Not Meet Portie Legitieme in Civil Inheritance Law (Study of High Court Ruling Number 86/PDT/2017/PT PAL) Jesica; Tjempaka
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.842

Abstract

The purpose of this research was to find out how the law views whether a will is valid or not which reduces the share of the inheritance (legitieme portie) of the rightful heirs and to find out the judge's considerations in determining the distribution of inheritance in the Palu High Court decision number 86/PDT/2017/ PT PAL. This research uses a normative-empirical juridical research method with a statutory approach, uses secondary data types with data collection techniques, namely interviews, document studies, and case studies, and uses legal analysis data collection techniques. A person can obtain his inheritance through 2 (two) ways according to civil inheritance law, namely according to the provisions of the law and a will. A will is a statement about what is desired to happen after the person dies and can be revoked by it. If during their lifetime the testator has made a will, then before calculating their respective inheritance shares, they must also pay attention to the existence of the legitimate portie or absolute share of the heir.
LEGAL PROTECTION OF THE SALE AND PURCHASE OF LAND RIGHTS THAT HAVE NOT BEEN REGISTERED Lisa Komala Dewi; Tjempaka
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 5 (2023): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i5.1014

Abstract

This article aims to discuss the legal consequences of buying and selling land rights that have not been registered and legal protection for buying and selling land rights that have not been registered. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this writing are the 1945 Constitution of the Republic of Indonesia, Law Number 5 of 1960 concerning Basic Agrarian Regulations, Government Regulation Number 24 of 1997 concerning Land Registration, and Government Regulation of the Republic of Indonesia Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration. As for secondary legal materials in the form of publications on law including text books, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this research are the Big Indonesian Dictionary and the Legal Dictionary. The results of the research show that the legal consequences of transferring rights due to the sale and purchase of land that has not been registered are legally valid if the transfer of land rights is due to the sale and purchase of land that has not been registered. the registration has met the material requirements for sale and purchase, namely "bright" and "Cash". Legal protection for buyers of land rights due to the sale and purchase of land that has not been registered will still receive legal protection if those who obtain it are in good faith, namely in the form of repressive legal protection, namely legal protection which is directed more towards efforts to resolve disputes, as an example is the settlement of disputes in court,