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All Journal Journal of Sharia (JOSH) International Journal of Law, Crime and Justice
Lily Kalyana
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Dynamics of Land Ownership Rights in the Perspective of Indonesian Agrarian Law in the Perspective of Legal Certainty and Social Justice Lily Kalyana; Widodo Budidarmo
JOSH: Journal of Sharia Vol. 4 No. 02 (2025): Vol. 04 No. 02 Juni 2025
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v4i02.2021

Abstract

Land ownership rights are the strongest, fullest, and hereditary form of land rights in the Indonesian agrarian law system as regulated in the Basic Agrarian Law (UUPA) Number 5 of 1960. In its development, land ownership rights have experienced various dynamics influenced by legal, social, and economic factors. Changes in land-related regulations, such as the influence of the Job Creation Law and agrarian reform policies, have greatly affected land ownership and use in Indonesia. In addition, various problems such as legal uncertainty, agrarian conflicts, overlapping ownership, and land mafia practices have further complicated land ownership rights. Therefore, this study aims to analyze land ownership rights from the perspective of Indonesian agrarian law, examine the development of regulations related to land ownership, and identify challenges in the protection and implementation of land ownership rights. The analysis uses a normative juridical method with a statute approach and a conceptual approach. The legislative approach examines various regulations governing land ownership rights, including UUPA, Government Regulation Number 24 of 1997 concerning Land Registration, and other land policies. Meanwhile, the conceptual approach is used to understand the basic principles of agrarian law and its relevance in protecting land ownership rights. The research is supported by a literature study of various legal sources, such as academic journals and books related to land law. With this approach, this research is expected to provide a more comprehensive understanding of the dynamics of land ownership rights in the Indonesian agrarian legal system, as well as contribute to more equitable and sustainable land policy development.
The Authority of a Notary in the Creation of Deeds in the Field of Land Affairs Widodo Budidarmo; Lily Kalyana
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.177

Abstract

The land holds significant importance for the people in Indonesia and is one of the country's natural resources. As an agricultural country, a large portion of the Indonesian population relies on agriculture as their primary source of livelihood. Farming, which involves cultivating land to produce food, has long been a cornerstone of rural economies. Notaries and Land Deed Officials (PPAT) play a critical role in Indonesia’s legal and land administration systems. Notaries, governed by Law No. 2 of 2014 and Article 1868 of the Indonesian Civil Code (KUHPerdata), are authorized to create authentic deeds, ensure legal certainty, and maintain document custody. Meanwhile, PPATs, under Government Regulation No. 37 of 1998 and Law No. 4 of 1996, are responsible for drafting deeds related to land registration and mortgage rights, including transactions involving the sale, purchase, and transfer of land rights. The distinct authority of notaries and PPATs is clearly defined by the relevant regulations, with the Constitutional Court Decision No. 5/PUU-XII/2014 affirming that their jurisdictions do not overlap, thereby safeguarding legal certainty in land administration.
Co-Authors Widodo Budidarmo