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All Journal JIHAD : Jurnal Ilmu Hukum dan Administrasi Acten Journal Law Review
Firmansyah, Melania Indiana Putri
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Land Rights Holders in Land Disputes Over Customary Land Based on Girik Case Study of PK Decision Number 1169 Pk/Pdt/2023 Firmansyah, Melania Indiana Putri; Handayani, Sri Wahyu
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 7, No 3 (2025): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v7i3.9251

Abstract

This thesis analyzes the complex land issues in Indonesia, particularly concerning adat land disputes based on girik ownership in the face of a dominant, centralized national land law system. As an agrarian nation with diverse traditional land ownership systems, Indonesia frequently encounters conflicts between adat rights and state or private interests. Girik, a traditional proof of land control, is often not fully recognized by the modern legal system, even though Law No. 5 of 1960 on Basic Agrarian Principles has accommodated ulayat rights. This research focuses on the dispute between Lumin Tuningtyas (girik holder) and Desyanto (Certificate of Ownership/SHM holder) in East Jakarta. The case highlights the discrepancy between customary law recognition and positive law. Lumin Tuningtyas filed a lawsuit based on inherited girik ownership, while Desyanto defended his ownership based on an SHM registered with the National Land Agency (BPN). Although the District Court initially granted part of Lumin Tuningtyas's claim, the decision was overturned at the appellate level, and the Supreme Court rejected Lumin Tuningtyas's cassation and judicial review (PK) requests. In its PK decision No. 1169 PK/PDT/2023, the Supreme Court affirmed that a certificate registered with the BPN is the legitimate proof of ownership, while girik is only considered proof of control. This ruling underscores the necessity of a multidimensional approach to adat land disputes, one that not only relies on positive legal instruments but also considers the historical, anthropological, and sociological aspects of indigenous communities. This thesis argues that court decisions, which tend to be centralized and state-oriented, need to be transformed into a legal paradigm that is more responsive to the rights of indigenous communities and the principle of substantive justice. This research aims to dismantle less responsive legal practices and encourage systemic change in handling land disputes in Indonesia, in order to uphold justice and build a more humane legal system.
Perlindungan Hukum Bagi Penghadap Penyandang Disabilitas Dalam Pembuatan Akta Notaris Firmansyah, Melania Indiana Putri
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71087/ajlr.v1i3.16

Abstract

Legal protection for persons with disabilities in the preparation of notary deeds involving land disputes, with a focus on the analysis of Supreme Court Decision Number 1263 K/Pdt/2021. Notaries have a responsibility to ensure that the deeds they make meet the formal and material provisions, especially when it involves persons with disabilities who are vulnerable to potential manipulation or legal errors. This study uses normative juridical methods through a legislative and case approach, by examining the preventive and repressive aspects of the legal protection of persons with disabilities in notary practice. The results of the analysis show that there is the implementation of legal protection for persons with disabilities in notarial practice still faces various significant obstacles, including limited infrastructure, lack of notary competence in serving persons with disabilities, and the absence of standardization of special service procedures. The preventive aspect includes the obligation of notaries to ensure the understanding of the parties, provide accessibility, and verify legal capacity without discrimination. Meanwhile, the repressive aspect is manifested in the dispute resolution mechanism and adequate legal assistance for persons with disabilities. Supreme Court Decision Number 1263 K/Pdt/2021 has emphasized the importance of fulfilling formal and material aspects in making notarial deeds involving persons with disabilities, especially regarding the obligation to read the deed and the presence of witnesses. This decision is an important jurisprudence that strengthens legal protection for persons with disabilities in notarial practice and emphasizes the responsibility of notaries in providing services that pay attention to the special needs of persons with disabilities. Systematic efforts are needed in the form of improving notary competence, developing accessible infrastructure, and strengthening the supervision system to optimize the implementation of this legal protection. Keywords : Legal Protection; Disabilities; Notary’s Deed
Co-Authors Sri Wahyu Handayani, Sri Wahyu