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All Journal Jurnal Multidisiplin Indonesia Greenation International Journal of Law and Social Sciences
Rineke Sara
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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Physical Possession of Land as Evidence of Ownership: Even with Weak Data, It Can Serve as a Basis for Ownership Claims Hans Karyose; Rineke Sara
Jurnal Multidisiplin Indonesia Vol. 3 No. 2 (2025): Juni : Jurnal Multidisiplin Indonesia
Publisher : PT. ALHAFI BERKAH INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62007/joumi.v3i2.477

Abstract

Life inevitably involves problems, and disputes over land cannot be denied. With the increasing growth of the human population worldwide, more people require land for their needs. Many individuals seek to strengthen their rights over land to prevent interference from others and to establish a clear claim that a particular piece of land has an owner. Article 1, Paragraph 4 of Government Regulation No. 18 of 2021 concerning Management Rights, Land Rights, and Land Registration explains that: “Land Rights are rights obtained from legal relationships between the rights holder and the land, including the space above and below the land, to control, possess, use, benefit from, and maintain the land, as well as the space above and below the land.” The concept of physical possession of land is often used as evidence to demonstrate claims of land ownership in civil court. Uninterrupted, valid, open, and continuous physical possession over a certain period can be considered strong evidence supporting claims of land ownership. Issues related to land ownership rights often raise questions about when someone legally becomes the owner of land from another party. To overcome this difficulty, the government provides certainty of land ownership rights through land registration in the Republic of Indonesia to obtain a certificate. This study uses normative juridical research methods. The results show: First, physical possession of land has evidentiary power for individuals or groups over the benefits of that land. In disputes related to physical possession, land conflicts may arise to recognize and protect the rights of legitimate landowners. It must be ensured that physical possession of land is carried out legally and in accordance with applicable laws. Second, the time limit for physical possession of land does not apply in all situations. There are types of land that cannot be acquired through physical possession. The time limit of physical possession does not automatically confer ownership rights.
Legal Loopholes in the Application for Termination of Investigation by Investigators Due to the Absence of Clear Standards in Determining Sufficient Evidence John Piter Tampubolon; Rineke Sara
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.655

Abstract

This study examines the legal gaps that arise in investigators' requests to terminate investigations based on Article 109 paragraph (2) of the Criminal Procedure Code, which authorizes the filing of an SP3 (Sufficient Evidence Order) due to "insufficient evidence" but does not outline the operational criteria. This lack of clarity in the standard leaves investigators open to subjective interpretation, potentially leading to misuse to terminate investigations without a clear basis, reducing legal certainty and harming victims. The study uses a normative juridical approach with a critical analysis of laws and regulations, legal literature, and investigative practices in Indonesia. The results show that the ambiguity of the term "sufficient evidence" creates a legal loophole that weakens investigator accountability and leads to injustice in the criminal justice system. As a direction for legal reform, it is recommended that there be clear technical guidelines for assessing sufficient evidence, a strict oversight mechanism by prosecutors, and public transparency regarding the basis for terminating investigations, so that the SP3 authority can be exercised objectively, accountably, and in accordance with the principle of legal certainty. This reform is expected to minimize the potential for misuse, increase the integrity of law enforcement, and strengthen the protection of victims' rights.
Optimizing the Village Supervisory Agency's Supervisory Mechanism Through a Participatory and Digital Approach in an Effort to Prevent Criminal Acts of Corruption in Village Development Budgets Eben Patar Opsunggu; Rineke Sara
Greenation International Journal of Law and Social Sciences Vol. 3 No. 4 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (December
Publisher : Greenation Research & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i4.663

Abstract

Village development budget management is often vulnerable to corruption, primarily due to weak internal oversight systems at the village level. One key oversight actor, the Village Consultative Body (BPD), frequently faces structural constraints, low capacity, and limited authority in optimally carrying out its functions. Yet, the BPD plays a strategic role in ensuring transparency and accountability in the use of village budgets sourced from central government transfers, as specified in Government Regulation No. 37 of 2023. This study analyzes the weaknesses of existing oversight mechanisms and proposes optimization strategies through participatory and digital approaches. With a participatory approach, village communities are encouraged to actively participate in deliberation processes, program evaluations, and budget oversight through community forums and the involvement of vulnerable groups. Furthermore, the use of digital systems such as SISKEUDES, SP4N-LAPOR, and social media-based innovations and QR codes in development projects provides open and real-time data access for the public. This study demonstrates that integrating institutional oversight, community engagement, and digital technology can strengthen village governance and reduce opportunities for budget corruption. Implementing this strategy requires regulatory support, ongoing technical training, and commitment from all stakeholders.
Co-Authors Eben Patar Opsunggu Hans Karyose John Piter Tampubolon