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Syofiarti, Syofiarti
Faculty Of Law, Andalas University
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PELAKSANAAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DALAM MEMBERIKAN KEPASTIAN HUKUM HAK ATAS TANAH MASYARAKAT (DI KOTA PEKANBARU) Kurnia Warman; Ardiansyah Putra; Jean Elvardi
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.734

Abstract

PTSL is a land registration activity for the first time that is carried out simultaneously for all land registration objects throughout the territory of the Republic of Indonesia in one village/kelurahan area or other name equivalent to that, which includes the collection of physical data and juridical data regarding one or several registration objects. Land for registration purposes. In this study, the data sources were obtained from library research and field research. Data collection techniques were carried out through structured interviews and document studies. The results of the research on PTSL constraints in Pekanbaru City are the high cost of having to pay the payable PPh and BPHTB taxes, the problem of rights used, human resources, the problem of absentee land/land that is far from the owner and the problem of announcing physical data and juridical data. While the efforts made by the Pekanbaru City Land Office in overcoming PTSL obstacles are strengthening quality control over each stage of PTSL, providing work maps (base maps, land registration maps, area maps, SPIPP maps, and Regional Government/BUMN/BUMD asset data) to officers in the field, providing punishment and a whistleblowing system mechanism, improving data validation procedures for KKP applications, reviewing and improving PTSL budget implementation guidelines and quality control.
PENGAWASAN PEJABAT PEMBUAT AKTA TANAH OLEH MAJELIS PEMBINA DAN PENGAWAS PPAT DAERAH DI KABUPATEN AGAM Nadya Paramitha; Kurnia Warman; Hengki Andora
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.743

Abstract

Supervision of PPAT by the Regional PPAT Advisory and Supervisory Board in Agam Regency is carried out based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 2 of 2018 (Permen ATR / BPN), supervision of the implementation of PPAT positions, this is carried out at least once a year. The forms of violations committed by the PPAT in Agam Regency based on the results of Supervision by the MPPD PPAT Agam Regency can be grouped based on 2 categories, namely violations related to the attributes of the PPAT in carrying out such as violations of rules related to the PPAT stamp. Violation for not being notified in writing of changing office address, Violation because there is no guest book and attendance list of PPAT and employees. The second category is violations related to the deed in the form of violations because there is no deed formula, violations because there is no numbering in the deed book, there are no numbers and names in the volume of the document, violations because there is no photo evidence when committing the violation of the deed and violations because the deed does not comply with Article 26 PP No. 37 of 1998 concerning PPAT, and violations because the deed has not been bound and bundled. The findings obtained at the inspected PPAT office will be included in the inspection problem, which also provides an inspection
PENYELESAIAN SENGKETA KEPEMILIKAN TANAH PADA KANTOR PERTANAHAN KOTA SOLOK (STUDI KASUS SENGKETA TANAH ANTARA PT GELORA GANTO SEJAHTERA DAN SYAMSU TULUS) Fahmi Akbar NR; Kurnia Warman; Syofirman Syofyan
UNES Law Review Vol. 5 No. 4 (2023): UNES LAW REVIEW (Juni 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.809

Abstract

Soil is one part of the earth that has a close relationship with human life, it can even be said that every human being is related to land. Article 33 paragraph 3 of the 1945 Constitution of the Republic of Indonesia stipulates that: Earth, air and the natural resources contained therein are controlled by the State and used for the greatest prosperity of the people. However, land disputes still arise in the community, therefore this thesis takes the title of land ownership dispute resolution at the Solok City Land Office (a case study of land disputes between PT Gelora Ganto Sejahtera and Syamsu Tulus). In this writing, the problem formulation is 1. How to settle land disputes at the Solok City Land Office. 2 How is the authority of the Solok City land office in resolving land disputes. 3. What are the results of land dispute resolution at the Solok City Land Office. In writing this research, the method used is empirical juridical. Empirical juridical research is an approach by looking at a legal reality in society. The research conducted in this paper is descriptive analytical in nature, namely a form of research that aims to describe the applicable laws and regulations, associated with legal theories and the practice of implementing positive law. Disputes are situations and conditions in which people experience factual conflict or release according to their warnings. Land disputes can be resolved in 3 (three) ways, namely: a) Settlement by deliberation. b) Settlement through the judiciary, namely submitted to the general court in a civil or criminal manner. Based on this research, there is a land rights dispute that has been issued with a building use rights certificate in the name of PT. GGS entered. Then Samsyu Tulus objected that the settlement was carried out at the Solok City Land Office, then the settlement was not reached so that it entered the litigation route or went to court, from this research it was concluded that the Land Dispute Settlement in Solok City could be carried out on the basis of public complaints. The results of the mediation that have been agreed upon will result in changes to data, which can be in the form of a decision to cancel land rights, cancel certificates and also change data on certificates, measurement papers, land books and/or other public registers.
Penyelesaian Sengketa Uang Kompensasi atas Tanah Ulayat Nagari melalui Lembaga Adat di Nagari Talu Kabupaten Pasaman Barat Novi Alvionita; Kurnia Warman; Zefrizal Nurdin
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.819

Abstract

Currently, in the province of West Sumatra, disputes over customary land often occur, including in Nagari Talu, West Pasaman Regency. The background to this dispute was compensation money provided by PLN for the construction of an Extra High Voltage Line (SUTET) on ulayat nagari land which is managed by the community. Meanwhile, the community wants to control all the compensation money. Based on this background, it is necessary to investigate the settlement of ulayat nagari land disputes in Nagari Talu, West Pasaman Regency with the formulation of the problem: What is the process for resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, what obstacles are encountered in resolving ulayat nagari land disputes in Nagari Talu, West Pasaman Regency, how is the control over customary rights of the nagari in Nagari Talu, West Pasaman Regency, after the settlement of the dispute.The research method used through an empirical juridical approach is based on primary legal materials and secondary legal materials as well as field studies through interview observations, as well as data analysis techniques carried out qualitatively. Based on research on the settlement of ulayat nagari land disputes in Nagari Talu West Pasaman Regency, where in this settlement it was first resolved through deliberation by both parties, but in this deliberation no peace was reached, then both parties used a mediator as an intermediary because peace was not achieved, which appointed as a mediator, namely the Nagari Traditional Density Institution (KAN). Kerapatan Adat Nagari (KAN) succeeded in reconciling the two parties and both parties accepted the results of the decision issued by Kerapatan Adat Nagari (KAN). Obstacles faced in resolving ulayat nagari land disputes are caused by several factors, namely internal factors originating from the disputing parties and the object in dispute and external factors originating from other parties. Post-dispute settlement control of ulayat nagari land, based on the decision of the Talu Nagari customary meeting, Ninik Mamak who currently controls ulayat nagari land.
Peranan PPAT dalam Pendaftaran Hak Tanggungan Secara Elektronik di Kota Sungai Penuh Pujha Setiawan J; Azmi Fendri; Syofiarti Syofiarti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.853

Abstract

PPAT is a public official authorized to draw up Deeds for Granting Mortgage Rights (APHT), in which the deed will be used as basic evidence for registration of Mortgage Rights at the Land Office and PPAT is required to submit APHT and supporting documents to the Land Office within 7 days after the deed is signed. In Article 14 of the Electronic Mortgage Service Regulations, it has also been limited to the 7th day, if it is not carried out then the PPAT mortgage registration document is automatically uploaded, it is considered giving approval by the system. The presence of Electronic Mortgage Registration has not run smoothly and has resulted in APHT and supporting documents submitted by the PPAT in the Sungai Full City area to the Land Office past the applicable regulatory deadline. The results of the study found that: 1. The role of the PPAT is to check Certificate, Making Deed of Granting Mortgage Rights (APHT), Power of Attorney for Imposing Mortgage Rights (SKMHT), and submitting Deeds for Granting Mortgage Rights and supporting documents to Creditors (Banks) to continue registration to the Land Office by Creditors (Banks), but with a lack of understanding and the knowledge of the PPAT in SungaiFull City regarding the registration of Mortgage through electronic system services, the role of the PPAT in SungaiFull City is still not in accordance with Ministerial Regulation Number 5 of 2020 concerning Electronically Integrated Mortgage Services. 2. PPAT Constraints in Registering Mortgage Rights Electronically in Sungai Full City, namely: There is still a lack of inspection, Network Disruption, collateral object certificates have not been validated and problems found, there are legal violations against PPATs who do not comply with the time limit provisions in submitting APHT and supporting documents to the Land Office and abusing authority by carrying out creditor user account obligations.
Perlindungan Hukum Pejabat Pembuat Akta Tanah (PPAT) terhadap Tindakan Pemalsuan Data pada Akta Jual Beli oleh Penghadap Reza Sri Maulani; Ismansyah Ismansyah; Syofiarti Syofiarti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.855

Abstract

Land Deed Making Officer is a general official who is authorized to make authentic deeds regarding certain legal deeds regarding land rights or property rights to flats. One of the deeds made by the Land Deed Maker Officer is the sale and purchase deed. In making a sale and purchase deed, it is not uncommon to be disputed by parties or other third parties who feel aggrieved by the deed because of alleged falsification of data on the deed, causing the Land Deed Making Officer to be involved in the matter and be examined by the authorities. In this study, the formulation of problems related to the legal protection of Land Deed Making Officials the act of falsifying data on the sale and purchase deed by the face is : 1. What is the form of legal protection of the Land Deed Making Officer against the act of falsifying data on the sale and purchase deed by the facer? 2. What are the legal consequences of the sale and purchase deed made by the Land Deed Making Officer in which there is data falsified by the face? This research uses a juridical-empirical approach method. The results of the study found that: 1. Legal protection of Land Deed Making Officials against the act of falsifying data on the sale and purchase deed by the face in the form of providing legal assistance carried out by the Ministry, Board of Trustees and Supervisors of Land Deed Making Officials in the form of advice, assistance in investigations and / or expert statements in court both as witnesses and suspects. 2. The legal consequences of the sale and purchase deed in which there is falsified data are sales and purchase deeds that are proven to be legally defective due to non-fulfillment of the legal conditions of the agreement and / or non-fulfillment of the formal and material conditions for making the deed, so that the position of the sale and purchase deed as an authentic deed is canceled or declared null and void to have no binding legal force.
Penguasaan Tanah Sebagai Barang Milik Daerah oleh Pemerintah Kota Padang Imelda Hardi; Kurnia Warman; Hengki Andora
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.941

Abstract

This research focuses on; 1) control and management of Government Land by the Regional Government, 2) control of Regional Government Land by the Padang City Government, and 3) control and security of Regional Government Land which can create legal certainty and provide maximum benefits. The research method in this study uses a normative juridical, empirical, and conceptual approach. The data sources used come from regulations, documents relating to the management of land assets as well and the results of interviews with parties involved in the management of Regional Property in the form of land of the Padang City Government. Based on research that has been carried out, the implementation of the management of Regional Government land assets has been carried out by the Padang City Government through regulations governing the management of Regional Property. However, several obstacles cause less than optimal management of land assets by the Padang City Government by OPD land users. Furthermore, 3 (three) efforts to secure land assets must be implemented as an inseparable unit, so that legal certainty of land assets of the Padang City Government can be achieved which can provide maximum benefits.
Implikasi Pemberlakuan Perubahan Undang-Undang Perkawinan terhadap Permohonan Dispensasi Nikah di Pengadilan Agama Solok Fadila Rusyda; Syofiarti Syofiarti
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.942

Abstract

Act Number (No) 16 of 2019 concerning Amendments to Act Number (No) 1 of 1974 concerning Marriage has been amended in Article 7 regarding the age limit for marriage, which was originally 19 years for men and 16 years for women to 19 years for men and women. The amendment to the law is a follow-up to the decision of the Constitutional Court Number 22/PUU-XV/2017 which was handed down on December 13, 2018. After the revision of the Marriage Law was enacted, the Solok Religious Court experienced a surge in requests for dispensation from marriage. This research is a legal research with descriptive analytical research specifications. The approach used is a normative juridical approach as the main approach, supported by an empirical juridical approach. The data used are primary data as the main data and secondary data as supporting data collected through field studies using interview techniques and literature studies. The data was then analyzed qualitatively and presented in a qualitative descriptive form.
Pendaftaran Peralihan Tanah Milik Kaum yang Sudah Terdaftar atas Nama Mamak Kepala Waris di Kota Padang Ilham Yahya; Kurnia Warman; Hengki Andora
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.963

Abstract

Land title certificates are strong evidence as confirmed in Article 19 paragraph (2) letter c UUPA and Article 32 paragraph (1) Government Regulation Number 24 of 1997 concerning Land Registration. The problem formulation in this research is: How is family land registered in the name of the head of the heir in Padang City? Why do disputes arise in recording the transfer of land rights belonging to registered people to third parties in Padang City, and how are these disputes resolved? The research method used is qualitative research and empirical juridical research. The results of the research are the Registration of clan-owned land in the name of the chief heir in Padang City. Land originating from clan customary rights can be transferred in the name of clan members based on the Approval/Statement of Clan Approval that has been given by the Agency Agency. Land. The process of transferring rights to customary community land in the name of the chief heir is by submitting an application to the Head of the Land Office so that the community's customary land is registered in the name of the clan or Chief. The Heirs use a Statement of Physical Control of the Land Plot signed by the Head of the Heirs.
Penyerahan Prasarana, Sarana, dan Utilitas Perumahan dan Permukiman dari Pengembang kepada Pemerintah Daerah (Studi pada Kabupaten Tanah Datar) Vorry Rahmad; Kurnia Warman; Jean Elvardi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.967

Abstract

This research aims to examine and analyze the handover of housing and settlement infrastructure, facilities, and utilities from developers to local governments, as well as legal certainty in the management of the handed-over housing and settlement infrastructure, facilities, and utilities. This research uses empirical juridical methods with primary data collection or processing techniques and interviews with related sources. The results of the research found that the problem that often occurs in the handover of housing and settlement infrastructure, facilities, and utilities from developers to local governments is that regulations regarding the Handover of Housing and Settlement Infrastructure, Facilities, and Utilities have not been disseminated to developers so that to date there has been no handover of infrastructure, Housing and Settlement Facilities and Utilities from Developers to the Tanah Datar Regency Government.
Co-Authors A. Irzal Rias AA Sudharmawan, AA Abdhy Walid Siagian Adryzeb Z, Glanovix Afandi, Rio Agusvia Rahmi Yanti Alfarisi Putra, Dino Andini, Maysha Anisa Noverina Heriyus Anisa Rahman Anton Rosari Ardi Abbas Ardiansyah Putra Arfiani Arfiani Arief Wicaksana, Tegar Aulia Khairi, Fidela Azmi Fendri Bayu Rahmaddoni Beatrix Benni Dahlil Marjon Darmini Roza Darnis Darnis, Darnis Devia Rahma Pratisa Dian Mustika Eflinur Eflinur Elvardi, Jean Fadhilla Efriandini, Farah Fadila Rusyda Fahlevi Fahlevi Fahmi Akbar NR Faizatul Khairani Isman Fara Ditha Fatrianita Tambunan Fauzul amri Febriani, Diana Ferdi Ferdi Ferdi Ferdi, Ferdi Fithrina, Hendria Frenadin Adegustara Gusminarti, Gusminarti Hengki Andora Hengki Andora Hengky Andora Husni Muhammad Fakhruddin Ilham Yahya Imelda Hardi Indraddin Inggir Deviandari Ismansyah Ismansyah Jasim, Rahmi Kevin Muhammad Yades Khairani Khairani Kurnia Warman Kurniadi Ari Kurnianti, Dian Lesta, Arelita cheisya Lisa Medika Yati Lizty, Sheilla Luky Kurniawan M. Rizkal Al Amin M. Zaki Mardenis Mardenis Muhammad Halkis Muhammad Irvan Muhammad Suhani Muhammad Syarif Nadya Paramitha Neni Vesna Madjid Nisa Dewi Asmar Novi Alvionita NUR AINI Pujha Setiawan J Putra, Gustinof Hase Rahayu Triningsih, Puja Rahman, Richi Rembrandt Rembrandt Retno Anggraini Reza Sri Maulani Romi Romi, Romi Rosari, Anton Saldi Isra Sari Wulan Sofyan, Syofirman Sri Arnetti Steffi Zafia Furqan Sucy Delyarahmi Suhendar Suhendar Suti Rahmi, Aidhil Syofirman Syofyan Tia Rahmatika Hakim Titin Fatimah Titin Fatimah Titin Fatimah Vorry Rahmad Waldani, Izmi Wetria Fauzi Yasniwati, Yasniwati Yaswirman, Yaswirman Yoserwan Yoserwan Yudha, Unggul Hangga Yuslim Yuslim Yuslim Yuslim Zefrizal Nurdin, Zefrizal Zulfitri, Amelia