Agra Hayyudya Arika, Cindy
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Kedudukan hukum atas Tanah Grondkaart sebagai bukti penguasaan tanah dalam Hukum Positif di Indonesia Agra Hayyudya Arika, Cindy; Masykur, Hamidi; Supriyadi , Bambang Eko
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.6933

Abstract

Land ownership must be followed by evidence, so in this case the urgency of proving ownership of land rights is essential, so that it must produce products that have legal certainty of ownership of land. However, proving land ownership has always invited polemics, especially the legacy of railroad assets during the Dutch colonial era in the form of a map, namely "Grondkaart" which is currently the proof of rights owned by PT KAI (Persero). "Grondkaart" is still an issue because of its evidentiary power and its position has an impact on proving land rights that are in accordance with Law Number 5 of 1960 (UUPA), Government Regulation Number 24 of 1997, and Government Regulation Number 18 of 2021, so it becomes an urgency to examine issues related to its legal position as proof of land tenure by PT KAI (Persero) in Positive Law in Indonesia. This research uses a normative juridical research approach, namely tracing the laws and regulations related to the issues raised in this study.
Rekonstruksi Perlindungan Hukum bagi Pemegang Sertipikat yang Dibatalkan Akibat Penguasaan Bukti Grondkaart Agra Hayyudya Arika, Cindy; Masykur, Mohammad Hamidi; Supriyadi, Bambang Eko
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

National Land Law, namely the Basic Agrarian Law, has established that every right to land in Indonesia is guaranteed legal certainty regarding land ownership. However, in addition to this, proof of land ownership remains a complex issue. One of the ongoing disputes is the proof of the Grondkaart by PT. KAI Persero, which is in conflict with the holders of Land Rights Certificates, where the proof with the Certificate should guarantee legal certainty and legal protection. This study uses normative research with a legal approach and a case study approach. The conclusion is that this negative publication system with a positive tendency cannot fully protect the rights of the public who already hold certificates. Furthermore, in court cases, preventive and repressive legal protection has not been implemented in a balanced manner, and the government must pay attention to the form of legal protection for certificate holders who have acted in good faith