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All Journal Unes Law Review Journal of Social Research
Panglima, Rubby Aditya
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Utilization of Abandoned Land Based on Regulation of the Minister of Environment and Forestry Number 07 of 2021 for Food Estate Panglima, Rubby Aditya; Lie, Gunardi
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1642

Abstract

Basic Agrarian Law no. 5 of 1960 stipulates that all land rights must have a social function, by Article 6 which states that land cannot be used solely for personal interests, especially if this is detrimental to society. Land use must be adapted to conditions and rights, providing benefits both for the owner & for the community and state. Abandoned land, including land rights, Management Rights, and land based on a Land Tenure Basis that is not used or cultivated, is the focus of this research. This research aims to explain the relationship between the 1960 Basic Agrarian Law regarding abandoned land and its derivative regulations, especially in the context of the National Food Estate Strategic Program. The research method uses secondary data with a normative juridical approach to synchronize legal provisions with field practice. Social Function is identified as an integral element in Land Rights, and the author believes that abandoned land, such as Cultivation Rights, can be used for the prosperity of the people. However, Minister of Environment and Forestry Regulation no. 07 of 2021 indicates that these social functions have not been fully utilized along with other land uses, creating inconsistencies in the implementation of the policy.  
LEGAL CERTAINTY ARTICLE 15 PARAGRAPH (3) LAW NUMBER 2 OF 2014 CONCERNING AMENDMENT TO LAW NUMBER 30 OF 2004 CONCERNING NOTARIES Panglima, Rubby Aditya; Djaja, Benny
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.633

Abstract

This study discusses the ambiguity of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries (Amendments to the Notary Law) which affect legal certainty in the regulation of the authority of a notary related to "authority others regulated in the Legislation". This provision causes confusion regarding the scope and limits of a notary's authority in carrying out his duties. This study also analyzes the impact of the ambiguity of these norms on the implementation of the authority of a notary in legalizing electronic transactions. Through a normative legal research approach, the author analyzes the relevant articles in the Notary Law and related laws and regulations to understand the legal context related to the authority of a notary. This research finds that the ambiguity of norms in Article 15 paragraph (3) creates ambiguity regarding the limits and scope of a notary's authority in terms of "other authorities regulated in Laws and Regulations". The impact of the ambiguity of this norm can be seen in the implementation of the authority of a notary in legalizing electronic transactions. Without clarity regarding the scope of this authority, notaries may face difficulties in determining whether they have the authority to certify certain electronic transactions, which in turn can affect the legal certainty in such transactions. This study suggests the need for clarification of norms in Article 15 paragraph (3) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notaries. A clear clarification will provide clarity to notaries regarding the limits and scope of their authority in relation to "other authorities stipulated in Laws and Regulations", so as to increase legal certainty and the effectiveness of the implementation of notary powers in validating electronic transactions.
Co-Authors Djaja, Benny Lie, Gunardi