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Journal : International Significance of Notary

LEGAL CONSEQUENCES AND SETTLEMENT OF DOUBLE CERTIFICATES ON LAND PROPRIETARY CERTIFICATES IN AGRARIAN LAW PERSPECTIVE (Study of Complete Systematic Land Registration (PTSL) in Kediri Regency) Sunardi, Sunardi; Isnaeni, Diyan; Andriyanti, Maritha
International Significance of Notary Vol 3, No 1 (2022): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v3i2.23187

Abstract

Land is a basic human need that becomes a strategic capital for life. Today, Indonesia has a lot of agendas with agrarian reform. The question of land will never end. With the pattern of land acquisition for development in the public interest along with other land problems, a new body was presented. This body is known as the Land Bank. Land Bank is a special agency (sui generis) which is an Indonesian legal entity established by the central government that is given special authority to manage land. The purpose of the land bank is to create a just economy. As a country of law, there are legals that binding on the subject of land banks. Which legal hierarchy about the land bank. Then this land bank is a new one in Indonesia. Certainly a lot to learn and evaluate the performance of the Land bank agency. The new land bank was established in 2021. Therefore, it is felt to help manage the land bank of Indonesia by making comparisons with other countries, namely the United States. Then the formulation of the problem to be discussed is : (1) How is the arrangement of the establishment of land bank in Indonesia? (2) What are the similarities and differences between land banks in Indonesia and the United States?. Research methods in writing this thesis using the type of normative juridical research, meaning that the problems raised, discussed and described in this study focused on applying the rules or norms in positive law. Approach the problem using the legal approach, conceptual approach, comparative approach to legal materials consisting of primary legal materials, secondary and non-legal materials. The results of this thesis research, first, the regulation of land banks in Indonesia is regulated in the Constitution of Republic Indonesia 1945, UUPA, land procurement law for development for the public interest, job creation law, Government Regulation Number 64 of 2021 on Land Bank, Presidential Regulation Number 113 of 2021 on the structure and Organization of Land Bank. Second, the comparison between land banks in Indonesia and the United States certainly has similarities and differences. The equation is in terms of centralized regulation and the location of the land bank. Differences with the United States lie in regulations, types of land banks, parties to land banks, mechanisms for organizing land banks, and objectives.This study aims and the formulation of the problem is to find out and analyze the Implementation of Complete Systematic Land Registration (PTSL) in Payaman Village, Plemahan District, Kediri Regency, and to find out and analyze the Matters Affecting the Issuance of Multiple Certificates in PTSL in Payaman Village, Plemahan District, Kediri Regency, as well as to find out and analyze the legal consequences and forms of settlement of dual certificates as a result of complete systematic land registration in Payaman Village, Plemahan District, Kediri Regency. This legal research is an empirical legal research. data that Obtained, namely direct research in the field, namely through interviews, then processed and analyzed with descriptive methods using primary data and secondary data. The results of the research on the Implementation of Complete Systematic Land Registration (PTSL) in Payaman Village, Plemahan District, Kediri Regency were carried out through several stages, namely: Preparation, Counseling, Physical Data Collection, Determination of Land Sector, Implementation of Measurements, Measuring Drawings and Mapping of Land Sector, Collection of Juridical Data, Land Inspection, Announcement and Determination of Rights, Bookkeeping of Rights, Issuance and Submission of Certificates. Matters Influencing the Issuance of Multiple Certificates in PTSL in Payaman Village, Plemahan District, Kediri Regency. according to the author there are several factors or reasons for the occurrence of multiple certificates in the implementation of PTSL in Payaman Village, Palemahan District, Kediri Regency, namely: a) Double printed certificates when correcting NIB validation when the SU form is ready, b) Registration of village letter C using letter C of the land next to it c) When the measurement does not participate in witnessing and determining the boundaries of the land it owns, it only depends on the sub-district head who does not know the boundaries, d) Village officials or village officials participate in registering their siblings to become PTSL participants without any authorization from the applicant, e) The applicant hides that the original certificate is brought by his brother on the grounds that a certificate has not been issued which is assisted by village officials. Legal Consequences and Forms of Completion of Multiple Certificates As a result of Complete Systematic Land Registration in Payaman Village, Plemahan District, Kediri Regency resulted in the following: Causing legal uncertainty regarding the certificates they owned. Keywords: Dual Certificate, Village, PTSL.
Implementation Of The Regulation Of The Minister Of Agraria And Spatial Planning/ Head Of The National Land Agency Of The Republic Of Indonesia Number 5 Of 2020 Concerning Electronic Integrated Liability Rights Services (Study At The Blitar City Land Office) Sunardi, Sunardi; Isnaeni, Diyan; Prisnawan, Ari
International Significance of Notary Vol 4, No 1 (2023): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v4i1.24344

Abstract

Abstract :  Entering the digital era in today's technological developments, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency, hereinafter referred to as ATR/BPN, has launched electronic land services. The electronic service in question concerns digital or electronic mortgage services. This was marked by the publication of Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 9 of 2019 concerning Electronic Integrated Mortgage Rights services, hereinafter referred to as Minister of Atr/Bpn Regulation No. 9 of 2019. And revoked and replaced with Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Electronic Integrated Mortgage ServicesProblem formulation 1) How to implement the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Electronically Integrated Mortgage Rights Services at the Blitar City Land Office. 2) What are the obstacles in managing mortgage rights (Ht-El) for individuals who are not financial institutions at the Blitar City Land Office. 3) What steps are taken by the Blitar City Land Agency to resolve these obstacles. The method in this research is empirical research with a sociological and legislative approach with data collection techniques using document studies, interviews.Results of research on the implementation of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 5 of 2020 concerning Electronically Integrated Mortgage Rights Services at the Blitar City Land Office. At first it didn't work well because it was a new product that had been implemented at the Blitar City Land Office, in other words it didn't work effectively. What are the Obstacles in Managing Mortgage Rights (Ht-El) for Individuals and Not Financial Institutions at the Blitar City Land Office? That the main obstacle often experienced by Htel users and administrators is the IT system on HT-el or the HT-el application which is still often problematic and lacking. human resources at ATR BPN Blitar City. What steps have been taken by the Blitar City Land Agency in resolving these obstacles, including server repairs and training for Blitar City BPN Atr officials as well as outreach to the community and PPAT. Keywords : regulations, mortgage rights, electronics.
Juridical Analysis Of Court Determination Number: 1/Pdt. P-Kons/2021/Pn Gpr On Consignment Land Acquisition At Dhoho Kediri International Airport Isnaeni, Diyan; Sunardi, Sunardi; Nurdaiman, Taqiy
International Significance of Notary Vol 6, No 2 (2025): International Significance of Notary
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2020/ison.v6i2.25934

Abstract

Abstract: In the implementation of the Deliberation on the Form and/or Amount of Compensation in the Land Procurement of Dhoho Kediri International Airport, there are Rights Holders who disagree with the deliberations, the Rights Holders who disagree do not submit an Objection to the local District Court, until finally the Land Procurement Implementer makes an Application for Compensation Custody through the Court. The validity of the Compensation Custody through the Court is reviewed from Law Number 2 of 2012, as well as what are the legal consequences of the issuance of the Court Determination. This research uses a normative juridical method, which analyzes a legal problem using laws, books, journals, and other written works that have legal standing. The conclusion of this study is that the Court accepted the Consignment Application because the Right Holder who did not agree with the results of the deliberation on the amount of compensation did not file an objection to the District Court 14 days from the holding of the Deliberation on the Form and/or Amount of Compensation Agreement, and its existence could not be found. The validity is absolute, considering that the conditions of the Application have been fulfilled by the Land Acquisition Implementer. Regarding the legal consequences of the Court Determination, it is considered to be the termination of the legal relationship between the Right Holder and its land, it is considered to be handing over the right to its land to the State, and the nature of the Determination is final so it must be accepted and implemented by all parties. In the end, the Right Holder accepted the results of the Consignment and was also present in the execution of the object in question.