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All Journal Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Fundamental : Jurnal Ilmiah Hukum
Tanaos, Jonsilas
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Sengketa Kepemilikan Sertifikat Ganda Hak Milik Atas Tanah: Analisis Yuridis Terhadap Putusan PTUN Kupang Nomor : 13/G/2018/PTUN-KPG Tanaos, Jonsilas; Eneng Nita Juwita
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 4 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i4.7280

Abstract

Land is an object of wealth that is always closely related to all human activities and is also inseparable from all national development activities. Because of its strategic position and limited nature, it gives rise to special treatment for land protected by law. This article is reviewed with the title: Dispute on the Ownership of Multiple Land Ownership Certificates (Judicial Analysis of Kupang PTUN Decision Number: 13/G/2018/PTUN-Kpg) which aims to answer questions about the Process for Resolving Disputes on Ownership of Multiple Land Ownership Certificates. This research is juridical research carried out using a library approach, case study approach, conceptual approach and formal juridical approach or statute approach. The process of completing the double certificate of ownership of land rights initially started from an approach taken by National Land Agency officials together with the parties. The next step is resolution through the Judicial Body by means of parties who feel their legal interests have been harmed by the State Administrative Decree, filing a lawsuit with a judge at the State Administrative Court. The Kupang State Administrative Court judge who examined and tried, then decided based on the facts of the trial and granted the plaintiff's claim and sentenced the Defendant to abort two land ownership certificates and sentenced the Defendant and Defendant II to Intervene to pay the court costs.
Interpendensi Masyarakat dan Pewarisan Hak Milik Atas Tanah Adat di Amfoang-Timor Barat Tanaos, Jonsilas; Din, Teresia
Fundamental: Jurnal Ilmiah Hukum Vol. 14 No. 1 (2025): Fundamental: Jurnal Ilmiah Hukum
Publisher : Universitas Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34304/jf.v14i1.316

Abstract

Abstract The interdependence between humans in living in society shows that humans, apart from being individual beings, are also social beings who are always in contact with other humans, which Aristotle known as zoon politicon. To maintain harmonious relationships and continuity of life, one of the most important elements is awareness of community law as an important basis for organizing life together in various aspects of life, especially those related to the status of ownership of land rights, including customary land. The desire to own, control land objects and enjoy the fruits of the land for a relatively long time and maintain ownership rights over the land until passing it on to heirs is regulated in accordance with the provisions of local customary law which have long been guided and practiced by the community. The legal rules adopted by the Amfoang indigenous community clearly regulated land ownership rights long before the enactment of Law Number 5 of 1960 concerning Basic Agrarian Regulations. However, the interdependence of the community, which is characteristic of the Amfoang indigenous community, ultimately creates the potential for land disputes within the community. This is not because of the weakness of the legal system adopted but because of the legal awareness and legal knowledge of the community as well as the unity of various elements which is the cause of the weakening of the status of land ownership rights in the Amfoang community.
Co-Authors Din, Teresia Eneng Nita Juwita