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Hardjo, David
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Law, Crime, Criminology & Criminal Justice

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Penelantaran Tanah Hak Milik Akibat Sengketa Waris Berdasarkan Peraturan Pemerintah Penertiban Kawasan dan Tanah Terlantar Ongkowijoyo, Nathaline Christy; Tanudjaja, Vincentine Natalie; Sutikno, Arron Eugene Raphael; Siswanto, Yoseph Mario Dwi; Hardjo, David
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8484

Abstract

Land is an agrarian resource that plays a strategic role in Indonesian society so its management must be directed towards the greatest possible prosperity of people as it’s mandated in Article 33 Paragraph (3) of the 1945 Constitution of Indonesia Republic and Law Numbers 5 of 1960 concerning basic agrarian principles. The ownership of land as a hereditary, strongest and fullest right still carries the social function that must be fulfilled by the right holder even in the practice transfer of the ownership right through the inheritance leads to prolonged inheritance disputes, resulting in inherited land for being not optimally utilized and potentially becoming abandoned. Based on it research shows that privately owned land as an inheritance object can be designated as abandoned land if it meets the elements of neglect so it goes through evaluation, warning and designation stages as regulated in Government regulation number 48 of 2025. There is no provision that explicitly excludes inherited lands from being abandoned land control mechanisms. However, heirs still receive legal protection as long as the neglect of the land isn’t based on the intent and still any good faith to manage the land and resolve the inheritance dispute. Therefore, the proper resolution about the inheritance becomes more important to prevent any loss of land right and to ensure the fulfillment of the social function.
Kedudukan Girik Dan Tanah Hak Ulayat Sebagai Bukti Petunjuk Dalam Pendaftaran Tanah Tahun 2026 Putri, Septya Luckyana; Arief, Sulfa Chintia; Yenti Khofifah Nilam Sari; Yolanda, Ade; Salsabillah, Silfiyana; Angel; Hardjo, David
JURNAL MINUTA Vol. 8 No. 02 (2026): September 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i02.8489

Abstract

The national agrarian law system relies on land registration as a crucial tool to guarantee land rights are protected and to provide legal certainty. In Indonesia, land tenure is still frequently based on traditional evidentiary instruments such as girik and communal land rights (hak ulayat) of indigenous communities that have not been fully integrated into the national land registration system. Government Regulation Number 18 of 2021, as an implementing regulation of the Basic Agrarian Law, strengthens the direction of agrarian legal policy toward accelerated land certification and simplified evidentiary mechanisms by establishing 2026 as the normative deadline for the use of former customary land documents. The legitimacy of girik and hak ulayat as proof in land registration and conversion procedures, and the state's legal safeguards for such evidence, are the subjects of this study. Evidence of land ownership, such as girik and hak ulayat, is now seen as indicative evidence that needs to be backed up by physical possession, witness statements, and administrative verification; this is according to the results of a normative legal study that used statutory, conceptual, and case approaches. On the other hand, as long as indigenous groups are recognized legally, Government Regulation Number 18 of 2021 offers legal protection via a cautious, transparent, and progressive process of converting land rights, which includes acknowledging community land rights. The land registration policy toward 2026 reflects the state’s effort to balance formal legal certainty with the protection of traditional land rights within the framework of agrarian justice.
Co-Authors Angel Arief, Sulfa Chintia Ongkowijoyo, Nathaline Christy Putri, Septya Luckyana Salsabillah, Silfiyana Siswanto, Yoseph Mario Dwi Sutikno, Arron Eugene Raphael Tanudjaja, Vincentine Natalie Yenti Khofifah Nilam Sari Yolanda, Ade