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Land Tenure Conflicts After the End of Use Rights for Plantation Legal Entities in Indonesia Alpi Sahari
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 2 (2021): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i2.1944

Abstract

Land problems almost occur throughout Indonesia, without exception in Medan, North Sumatra Province. In Medan there is PTPN II land which, due to community needs, the government chose not to extend the HGU (Hak Guna Usaha) for the benefit of the community. The government considers that the people need this land more in order to meet the needs of life and the welfare of the entire community. The method used in this paper is juridical normative by adopting a legal synchronization approach, both vertically and horizontally, on land tenure conflicts after the expiration of the Legal Entity for Plantation Companies in Indonesia. Data obtained through literature search. The results show that the provisions regarding land tenure have been regulated in Law number 5 of 1960 concerning Basic Agrarian Principles or often referred to as UUPA. In article 16 paragraph 1 of Law Number 5 of 1960 UUPA, it is stated that land rights include ownership rights, land use rights, building use rights, usage rights, lease rights, land opening rights, rights to collect forest products, other rights that are not included in the rights mentioned above which will be stipulated by law as well as rights which are temporary as mentioned in Article 53 of Law Number 5 concerning UUPA. The existence of land rights that have been regulated in law often creates confusion and overlaps in the control of the land object. There is still a lack of and low understanding of the law by the majority of the community, are often used by irresponsible individuals with the intention of obtaining benefits in the form of land rights through control of the land. Then the role of the government has not run optimally in protecting the rights of land controlled by the community. The government has not been able to collect data and make complete registrations of land tenure in Indonesia. This is the cause of the frequent occurrence of land tenure conflicts so that the participation of all levels of society as well as the government is urgently needed..  
Legal Consequences on Cooperative Management Who Neglect to Carry Out Their Functions Resulting in Loss of Cooperatives Based on the 1992 Cooperative Law Mariyadi Mariyadi; Muhammad Arifin; Alpi Sahari
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v4i4.3737

Abstract

Cooperatives are managed with the aim of improving the welfare of its members and society as a whole. As a legal entity, cooperatives have the authority and ability to carry out every legal relationship, both externally and internally, with humans or other business entities. Cooperatives as legal entities are represented by their organs, which in this case are cooperative management, supervisors and member meetings. There are many cases of cooperatives disbanding due to the negligence of the management which resulted in cooperative losses. Based on the results of the study it was found that the position of the cooperative management in Law Number 17 of 2012 concerning Cooperatives in Article 29 stipulates that the Cooperative Management is a representative of a legal entity, in this case cooperatives. That the legal consequences for cooperative management who neglect to carry out their functions resulting in cooperative losses based on the 1992 Cooperative Law depend on the accountability of the management at the Membership Meeting. If the report is accepted, then there will be no legal consequences. That the responsibility of the cooperative management who is negligent in carrying out its functions so as to result in the loss of the cooperative can be burdened with personal responsibility because the management as the party entrusted with the task of managing the cooperative can be burdened if it can be proven that the management has committed an unlawful act as stipulated in Article 1365 of the Civil Code.
Co-Authors AFFIRMANSYAH AGUSTA RIDHA MININ Agustian Sinurat Ahmad Fauzi Aisyah Aisyah Akalafikta Jaya Aldo Fahrezi Raja Muda Lubis Ario Putranto Aris Wibowo Arke Furman Ambat Asor Olodaiv Siagian Bagas Dwi Akbar Benyamin Sirait Boy Siregar Cardio S. Butar-Butar Chandra Priono Naibaho Daniel Octavianus Sinaga Daniel Oktavianus Sinaga Darman Lumban Raja Deddy Z Harahap Dimas Adit Sutono Doddy Hermawan Doni Irawan Harahap Edy Jhon Manalu Elon Unedo Pinondang Endang Pakpahan Erwin Wijaya Siahaan Fauzi, Ahmad Feri Efendi Foni Mega Wahyuni Ghofur Hidayat Gunawan Marthin Panjaitan Hadi Nur Hanifah, lda Hendro Wibowo Heri Edrino Sihombing Herzoni Saragih Horas Monang Jeffry Andi Gultom Hotdiatur Apri Wandi Purba Ida Nadirah Jarot Yusviq Andito Jayawarsa, A.A. Ketut Jorico Lavianchandra Junaidi Pardede Koto, Ismail M. Rikki Ramadhan Masfan Masfan Miroharjo, Didik Muhammad Agustiawan MUHAMMAD ARIFIN Muhammad Ikhwan Mukhtar I Kadoli Munawar Sadzali Mustafa Nasution Nadhya Puti Lenggo Geni Nadirah, Ida Nanci Yosepin Simbolon Napitupulu, Raffles Devit Marianto Onny Medaline Onny, Medaline P. A. JUANDA PANJAITAN Pinakri, Rapi Purwoko, Agus Raja Lubis, Mhd Riduan Riduan Rika Susilawaty Rina Sry Nirwanan Tarigan Rinaldo Rinaldo Rizkan Zulyadi Selvin Triansih Septian Dwi Rianto Septian, Muhardani Budi Silaban, Erwin Ade Putra Simon Elika Simatupang Sinaga, Daniel Oktavianus Sirait, Benyamin Sitti Thrde Halawa Subrata, Bondan Suriadi Surya Perdana Surya Perdana Sutardjo, Romadhoni Syam, Ismail T Erwin Syahbana T Erwinsyahbana Tamami Dirga Jeis Tito Alhafezt Togi P. O Triono Eddy Triyadi Triyadi, Triyadi Wahyu Sukma Wenny Moechtar Yemi Mandagi Yenni Maya Sari Yogi Nugraha Setiawan Yohana Yohana Yohana, Yohana Yusuf Hondawantri Naibaho Zefri Pandapotan Simamora Zefri Pandapotan Simamora