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Syofiarti, Syofiarti
Faculty Of Law, Andalas University
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Journal : Nagari Law Review

 1 
Balik Nama Sertipikat Hak Milik (SHM) Berdasarkan Pengikatan Jual Beli Yang Penjualnya Meninggal Dunia Di Sumatera Barat Fatrianita Tambunan; Kurnia Warman; Syofiarti Syofiarti
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.2.i.1.p.42-60.2018

Abstract

The basic concept of land buying and selling is clearance and cash. If this concept cannot be fulfilled, it does not mean that the transactions cannot be carried out. In this situation, notary may use another instrument that is by making Commitment of Sale and Purchase Agreement (PJB). The Commitment can be made through the Commitment of PJB which is not fully paid and the agreement of the Commitment of PJB full payment. In the case the seller with the authority to sell, passed away before the signing of Commitment, the problems will arise. The first how is the process of completion of The Commitment of PJB? The second, how is the law protection on the buyer in the process of title transfer of the certificate of ownership based on The Commitment of PJB.? The third how is the title transfer of the certificate of property rights based on The Commitment of PJB? The results showed that the process of completion of the sale and purchase of land through The Commitment of PJB in which the seller passed away is carried out by tracking down the heirs, the protection of law against buyers in the process of title transfer of property certificates is done by filing a court suit to obtain a court decision. The process of title transfer of the property certificate in The Commitment of PJB agreement in can be executed by tracking down the heirs and / or by court decision
Balik Nama Sertipikat Hak Milik (SHM) Berdasarkan Pengikatan Jual Beli Yang Penjualnya Meninggal Dunia Di Sumatera Barat Fatrianita Tambunan; Kurnia Warman; Syofiarti Syofiarti
Nagari Law Review Vol 2 No 1 (2018): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.2.i.1.p.42-60.2018

Abstract

The basic concept of land buying and selling is clearance and cash. If this concept cannot be fulfilled, it does not mean that the transactions cannot be carried out. In this situation, notary may use another instrument that is by making Commitment of Sale and Purchase Agreement (PJB). The Commitment can be made through the Commitment of PJB which is not fully paid and the agreement of the Commitment of PJB full payment. In the case the seller with the authority to sell, passed away before the signing of Commitment, the problems will arise. The first how is the process of completion of The Commitment of PJB? The second, how is the law protection on the buyer in the process of title transfer of the certificate of ownership based on The Commitment of PJB.? The third how is the title transfer of the certificate of property rights based on The Commitment of PJB? The results showed that the process of completion of the sale and purchase of land through The Commitment of PJB in which the seller passed away is carried out by tracking down the heirs, the protection of law against buyers in the process of title transfer of property certificates is done by filing a court suit to obtain a court decision. The process of title transfer of the property certificate in The Commitment of PJB agreement in can be executed by tracking down the heirs and / or by court decision
Pengelolaan Pajak Bumi dan Bangunan Sektor Perkebunan Dalam Kerangka Desentralisasi Fiskal di Sumatera Barat Putra, Gustinof Hase; Warman, Kurnia; Rosari, Anton
Nagari Law Review Vol 8 No 1 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.1.p.79-89.2024

Abstract

Land and Building Tax (LBT) in the Plantation sector is a tax on land and buildings that are owned, benefited from, owned, or controlled by an individual or legal entity located in the area stated in the plantation business permit and plantation business use rights. The management is the authority of the Central Government. In the plantation business, every business actor with a particular land area must have a plantation business permit issued by the Regional Government. The results of this LBT collection are handed over entirely to the regional government through profit-sharing funds. The Problems that will be studied are: How is the management of LBT for plantation businesses in West Sumatra; How is the financial relations between the Central Government and the Regional Governments in managing LBT of Plantation businesses in West Sumatera; and How to delegate the management of LBT in the Plantation Sector to the Regional Government in West Sumatera. The author uses empirical juridical research methods and an analytical description in this writing. The research results concluded that the management of LBT for plantation businesses in West Sumatra is managed by The Central government in the LBT Plantation Sector and The Regional Government in the form of LBT for the Rural-Urban Sector. The Financial relationship between the Central Government and Regional Governments in managing LBT for plantation businesses is to transfer funds to the regions through Tax Profit Sharing and Palm Oil Profit Sharing Funds. Management of LBT in the Plantation Sector should be delegated to The Regional Government, and the Regional Government is capable and ready to manage it.
Kebijakan Afirmatif Pengadaan Barang/Jasa Pemerintah Di Wilayah Papua Ditinjau Dari Hierarki Peraturan Perundang-Undangan Yudha, Unggul Hangga; Warman, Kurnia; Andora, Hengki
Nagari Law Review Vol 8 No 1 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.8.i.1.p.214-223.2024

Abstract

The affirmative policy allowing the State to do more to the unrepresented group within the framework of equality and justice is enshrined in Article 28 H (2) of the Constitution of the Republic of Indonesia of 1945 which states that everyone is entitled to special facilities and treatment for equal opportunities and benefits in order to equity and justice. In the government procurement through providers, the Papua Special Autonomy Act forms the basis for the affirmative policy to be established. The study aims to analyze the existence of affirmative policy of government procurement through providers and to examine the content of the article according to the hierarchy of the regulations. The study uses a normative and descriptive approach, legal research to describe and test applicable norms or provisions. Research results: First: the affirmative policy of government procurement through providers requires the existence of the participation of papuan economic operator directly in government procurements through providers in the territory of Papua, where the criteria of Papuan economic operator have also been set out in the regulations. Secondly, in the content of Article 2 of the Papua Governor Regulation Number 46 of 2021 on Government Procurement in Papua Province, it is explained that the scope of application of the governor's regulation includes the government procurement financed by the State Budget Funds. This is contrary to the content of article 4 Paragraph (1) letter a of the Regulation of the Minister of Public Works and Housing No. 1 of 2023 on the Guidelines for the Supervision of the Maintenance of Construction Services Implemented by the Provincial Government, the District, and the City which explains that the authority of the local government of the provinces, the districts and the towns in supervising the maintenance of the construction services, including the process of government procurement, is limited only to the activities of construction financed with the Regional Budget Funds.
Perlindungan Hak Masyarakat Hukum Adat dalam Pengelolaan Hutan Syofiarti, Syofiarti; Fatimah, Titin; Aini, Nur
Nagari Law Review Vol 7 No 2 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.2.p.253-268.2023

Abstract

Forests are one of the valuable assets owned by the Indonesian people. Since a long time ago, forests have been the life support of the surrounding communities, including Customary Law Peoples. In fact, in forest management, the rights of Customary Law Peoples have been determined by the constitution, precisely Article 18B paragraph (2) and Article 33 paragraph (3) of the 1945 NRI Constitution which was later affirmed by derivative rules. Unfortunately, in reality, the use of forests by Indigenous Peoples often contradicts government policies which have implications for the emergence of forestry disputes involving Indigenous Peoples. This study aims to analyze regulations on the rights of Customary Law Peoples (MHA) in managing forests, find factors that trigger the birth of disputes and offer a pattern of protection of MHA rights in forest management. Empirical juridical approach with analytical destriptive nature is the method chosen by the author to examine the problems in this study. The data used consists of two types, namely primary data and secondary data. Then, the collected data will be analyzed qualitatively. The location of this research is focused in West Sumatra Province, precisely in the Mentawai Islands and Nagari Malalo. The results of this study prove that MHA's forest management rights protection arrangements already exist, but have not been able to guarantee MHA's rights protection. This then also became one of the factors triggering the dispute. Therefore, to answer this problem, a pattern of protection is needed by strengthening and consistency in regulating MHA rights in forest management and simplifying the mechanism for recognition of MHA customary forests by the government. It is hoped that the pattern offered can create certainty and legal order in order to achieve legal justice for MHA for forest management.
Analisis Terhadap Batasan Adendum Perjanjian Kerjasama Pemerintah dengan Badan Usaha (KPBU) dalam Penyediaan Infrastruktur Fakhruddin, Husni Muhammad; Fauzi, Wetria; Warman, Kurnia
Nagari Law Review Vol 7 No 1 (2023): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.1.p.49-58.2023

Abstract

Agreements are one of the domains regulated through private legal instruments. However, agreements are not always governed by private legal instruments. Sometimes, public legal instruments also regulate an agreement, especially when it involves government entities. This study aims to examine the extent to which an addendum to a Public Private Partnership Agreement in Infrastructure Provision can be carried out, considering one of the specifications of the procurement mechanism for implementing business entities in the Public Private Partnership scheme, which includes attaching a draft agreement in the Request for Proposal (RfP) document. After a winning Business Entity is selected, the draft agreement is finalized, with the rule that the substance that has been completed cannot be changed. This research focuses on determining the limitations in making an addendum to the Public Private Partnership Agreement in Infrastructure Provision during the draft agreement's finalization and implementation phase. The research method used in this study is empirical legal research, which utilizes primary and secondary data. KPBU agreements are controlled by private legal instruments and regulated through public legal instruments. Even though some provisions do not allow changing the substance being competed for, these provisions are not norms that can be categorized as lex imperfect because if these provisions deviate, they will automatically injure the principles of procurement. Therefore the procurement is not following the principles regulated in the laws – invitation and may result in a failed auction condition.
Co-Authors A. Irzal Rias AA Sudharmawan, AA Abdhy Walid Siagian Adryzeb Z, Glanovix Afandi, Rio Agusvia Rahmi Yanti Al Amin, M. Rizkal Alfarisi Putra, Dino Alvionita, Novi Andini, Maysha Andora, Hengky Anisa Noverina Heriyus Anisa Rahman Anton Rosari Ardi Abbas Ardiansyah Putra Ardiansyah Putra Arfiani Arfiani Arief Wicaksana, Tegar Asmar, Nisa Dewi Aulia Khairi, Fidela Azmi Fendri Bayu Rahmaddoni Beatrix Benni Dahlil Marjon Darmini Roza Darnis Darnis, Darnis Desvira, Herma Devia Rahma Pratisa Dian Mustika Ditha, Fara Eflinur Eflinur Eflinur, Eflinur Elvardi, Jean Fadhilla Efriandini, Farah Fadila Rusyda Fahlevi Fahlevi Fahlevi, Fahlevi Fahmi Akbar NR Faizatul Khairani Isman Fakhruddin, Husni Muhammad Fara Ditha Fatrianita Tambunan Fauzul amri Febriani, Diana Ferdi Ferdi Ferdi Ferdi, Ferdi Fithrina, Hendria Frenadin Adegustara Furqan, Steffi Zafia Gusminarti, Gusminarti Hardi, Imelda Hengki Andora Hengki Andora Hengky Andora Heriyus, Anisa Noverina Husni Muhammad Fakhruddin Ilham Yahya Imelda Hardi Indraddin Inggir Deviandari Isman, Faizatul Khairani Ismansyah Ismansyah Jalmas, David Jasim, Rahmi Kevin Muhammad Yades Khairani Khairani Kurnia Warman Kurnianti, Dian Lesta, Arelita cheisya Lisa Medika Yati Lizty, Sheilla Luky Kurniawan luky kurniawan, luky M. Rizkal Al Amin M. Zaki Mardenis Mardenis Maulani, Reza Sri Muhammad Halkis Muhammad Irvan Muhammad Suhani Muhammad Syarif Muhammad Syarif, Muhammad Muhammad Yades, Kevin Nadya Paramitha Neni Vesna Madjid Nisa Dewi Asmar Novi Alvionita NR, Fahmi Akbar Nur Aini NUR AINI Paramitha, Nadya Pratisa, Devia Rahma Pujha Setiawan J Putra, Gustinof Hase Rahayu Triningsih, Puja Rahmad, Vorry Rahmaddoni, Bayu Rahman, Richi Rahmatika Hakim, Tia Rembrandt Rembrandt Rembrandt, Rembrandt Retno Anggraini Reza Sri Maulani Rias, Irzal Romi Romi, Romi Rosari, Anton Rusyda, Fadila Saldi Isra Sari Wulan Sari Wulan, Sari Setiawan J, Pujha Sofyan, Syofirman Sri Arnetti Steffi Zafia Furqan Sucy Delyarahmi Suhani, Muhammad Suhendar Suhendar Suhendar Suhendar, Suhendar Suti Rahmi, Aidhil Syahputra, Julfahmi Syofirman Syofyan Tia Rahmatika Hakim Titin Fatimah Titin Fatimah Titin Fatimah Vorry Rahmad Waldani, Izmi Wetria Fauzi Yahya, Ilham Yasniwati, Yasniwati Yaswirman, Yaswirman Yati, Lisa Medika Yoserwan Yoserwan Yoserwan Yoserwan, Yoserwan Yudha, Unggul Hangga Yuslim Yuslim Yuslim Yuslim Zaki, M. Zefrizal Nurdin, Zefrizal Zulfitri, Amelia