Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Dari Aksi Senyap Menuju Kepastian Hukum: Menelaah Tanggapan Pejabat Pemerintah terhadap Permohonan Hak Atas Tanah Berdasarkan Lex Silencio Positivo

Harianto, Dani (Unknown)



Article Info

Publish Date
26 Feb 2025

Abstract

This study aimed to identify the characteristics of the Governmental Silent Act (Principle of Lex Silencio Positivo) in the land rights application proposed by the Community, to find the legal consequences when the government remains "silent" (Principle of Lex Silencio Positivo) on the land rights application proposed by the Community, and to analyze the construction of norms that provide legal certainty regarding the Silent Act (Principle of Lex Silencio Positivo) by the government in relation to the land rights application submitted by the Community. This study was conducted using a normative legal research method, employing a legislative approach, a conceptual approach, a historical approach, a case approach, and a comparative approach. The results of this study showed that the legal consequences of the Governmental Silent Act on land rights applications lead to uncertainty regarding the status of the land rights proposed by the applicants. This uncertainty results in grievances for the parties affected by the Governmental Silent Act, including the applicants themselves. Furthermore, the legal consequences of the Governmental Silent Act are seen as a violation of the General Principles of Good Governance, as it has caused legal uncertainty over the land rights applications proposed by the applicants. Meanwhile, the decision is an obligation for government officials, as mandated in Article 175 of the Omnibus Law (Cipta Kerja) in conjunction with Article 53 of the Government Administrative Law. The legal consequences of the government's silence also lead to potential material losses for applicants, which include individuals, legal entities, and government institutions with a legal interest in the land rights application.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...