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Warkat
Published by Universitas Brawijaya
ISSN : 2775721     EISSN : 30259657     DOI : https://doi.org/10.21776/warkat
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Warkat is open access, double-blind peer-reviewed journal of Notary Science published by the Faculty of Law, Universitas Brawijaya biannual in June and December. Warkat is a forum for lecturers, researchers, and practitioners to publish research results or book review results. Realizing the global challenges and ever-increasing legal interaction among developing countries, Warkat also welcomes articles on legal development in the ASEAN region and the larger Global South. Warkat has a broad scope related to notarial science. Examples include civil law, criminal law, constitutional law, state administrative law, international law, Islamic law, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 4 No. 2 (2024): Desember" : 5 Documents clear
Perlindungan Hukum Terhadap PPAT dalam Sistem Hak Tanggungan Elektronik (HT-el) Amalia Rafi Ridha, Firly
WARKAT Vol. 4 No. 2 (2024): Desember
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The provision of Article 10 Paragraph (2) of the Regulation of Agrarian and Spatial Planning Minister/National Land Agency Number 5 of 2020 concerning Electronically Integrated Mortgage Right (henceforth referred to as HT-el) states that the submission of the supplementary documents must come with a statement letter highlighting the responsibility for the validity and the authenticity of the documents submitted. This written statement must be sent by a Land Deed Official (henceforth referred to as PPAT) as a part of registration and mortgage right transfer services. In case of any fake documents, as set forth, the PPAT must be responsible for this condition. This provision is taken as a burden for PPAT since there is a possibility that such a document falsification may be committed by another party, contrary to the provision requiring the PPAT to take the responsibility. This research employed statutory and conceptual approaches. The legal materials were analyzed based on systematic interpretation and analogy as a legal construction. The analysis results show that two different legal measures can be considered by PPAT; first, the protection within the scope of civil law represents internal legal protection received by PPAT from an agreement between PPAT and a client, while the external legal protection involves a defense and legal aid; second, the protection within the scope of criminal law represents preventive protection governed in Article 3 letter f of Code of Conduct of PPAT that takes into account the prudential principle. This principle is applied by PPAT during a deed-making process and registration process of the mortgage right, while the repressive legal protection involves legal aid, and a refusal right and obligation.
Pemenuhan Proporsi Ruang Terbuka Hijau Publik di Kota Malang Adriawan, Octavianus Anindiko
WARKAT Vol. 4 No. 2 (2024): Desember
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Malang City is one of the largest cities in East Java after Surabaya. With the advancement of time, the population of Malang City has also increased. The increase in population has led to various issues, one of which concerns spatial planning, especially the availability of land for Public Green Open Spaces (RTH Publik). As stipulated in Article 29 paragraph (3) of Law Number 26 of 2007 concerning spatial planning, Public Green Open Spaces must be at least 20% of the city's area. The aim of this research is to analyze the effectiveness of law enforcement of Article 29 paragraph (3) of Law Number 26 of 2007 concerning Spatial Planning and to identify obstacles and efforts of the Department of Urban Planning and Land Use (DPUPRPKP) in implementing Article 29 paragraph (3) of Law Number 26 of 2007 concerning Spatial Planning. This research uses a socio-legal research method. From the discussion, it was found that Malang City can only fulfill 17.73%. This greatly affects the effectiveness of law enforcement. Furthermore, based on the research results, it was found that the enforcement of Article 29 paragraph (3) of Law Number 26 of 2007 concerning Spatial Planning in Malang City is still not effective due to several factors that have not been effectively addressed, namely infrastructure factors, community factors, and cultural factors.
Sewa Menyewa Rumah Susun Subsidi Pemerintah oleh Pemilik Satuan Rumah Susun Aisya, Sasqia Syaidatina
WARKAT Vol. 4 No. 2 (2024): Desember
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

This research is research using an empirical juridical method. The construction of flats is one of the alternatives organized by the government which aims to meet the needs of adequate housing for the people, especially for low income communities (mbr). In its implementation, it was discovered that there was misuse and fraud in the use of government subsidized flats for low income communities (mbr) by the flat owners. By renting the flat unit. The management is given the task and responsibility to ensure that these government subsidized flats are only occupied by low income communities (mbr), in fact these subsidized flats are used and occupied by people who are not in the low income communities (mbr) group. This research aims to analyze the reasons why flat owners rent out subsidized flats and what are the appropriate arrangements for misuse of subsidized flats. Thus, in the results of the research, the researcher provides a solution to review chapter.
Pentingnya Pengakuan Tanah Kesultanan Terhadap Pembuktian Kepemilikan Hak Atas Tanah Siregar, Queen Rumata
WARKAT Vol. 4 No. 2 (2024): Desember
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

The urgency of moving the Indonesian capital is based on urban carrying capacity so that the state capital is moved from DKI Jakarta to East Kalimantan. The ideal condition where every citizen should be able to independently obtain land rights according to Article 9 paragraph (2) of the UUPA actually causes land disputes between the government and the heirs of the Kutai Kartanegara Ing Martadipura Sultanate who claim IKN land belongs to the heirs, not state land. The purpose of this research is focused on the recognition of sultanate land and the legal status of sultanate land claimed by the heirs of the Kutai Sultanate at the location of the Nusantara Capital City. This research uses the normative juridical method by relying on in-depth problem solving of library materials and relevant legal documents. The results of the study obtained the answer that the recognition of sultanate land claimed by the heirs of the Kutai Sultanate at the location of the Nusantara Capital City is not recognized based on the legal system in Indonesia because the sultanate's legal domain is in the realm of private law so it is necessary to follow the rules of law in the UUPA. It is stated in Dictum IV of the UUPA that the rights of the Swapraja or former Swapraja are abolished and transferred to the state so that there is no recognition of sultanate land. For this reason, the legal status of the Kutai Sultanate land has changed to state land because the heirs of the Kutai Sultanate did not attach a certificate as evidence in court.
Kajian Hukum Pengaturan Pemanfaatan Ruang Bawah Tanah Arbianzah, Mahendra Tio
WARKAT Vol. 4 No. 2 (2024): Desember
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

This study examines the inconsistencies between Government Regulation No. 18/2021 and the Basic Agrarian Law regarding the concept of land rights and the utilization of underground space. The aim is to review the juridical aspects of the regulation of underground space utilization and the implications of the inconsistency. Using conceptual and statutory approaches, as well as systematic and grammatical interpretation, this research analyzes land rights theories from various experts to examine aspects of ownership and control of underground space. The results show that there are inconsistencies between PP No. 18/2021 and UUPA and Law No. 26/2007 in regulating the utilization of underground space. There is a difference in principle between the UUPA, which integrates land rights with underground space, and the Job Creation Law, which separates the two. This research analyzes the concept of "Underground Space Use Rights" and "Underground Space Unit Rights" as new legal instruments to accommodate underground space utilization. In conclusion, a comprehensive legal framework is needed that regulates aspects of access, development, utilization, and ownership of buildings in underground space in a harmonious manner by taking into account the principles of legal certainty, justice, and expediency.

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