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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
Arjuna Subject : Umum - Umum
Articles 250 Documents
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Kebijakan Bea Perolehan Hak atas Tanah dan Bangunan Terutang dalam Peraturan Menteri ATR/BPN Nomor 6 Tahun 2018 Tentang Pendaftaran Tanah Sistematis Lengkap Ditinjau dari Konsep Freies Ermessen Rusli M. Mau; Akbar Sabto; Masdin; Imran
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Permen ATR/BPN Number 6 of 2018 concerning PTSL regulates the BPHTB owed on PTSL Yield Certificates. This provision conflicts with Law no. 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments so the author hypothesizes that the ATR/BPN Minister issued these provisions based on the Freies Ermessen concept. The problem posed is whether it is true that the BPHTB provisions owed by Permen ATR/BPN No. 6 of 2018 adheres to the Freies Ermessen concept, secondly how ATR/BPN officials as PTSL executors respond to the settlement of these norms, this problem is discussed with a regulatory and conceptual approach, this paper concludes correctly that BPHTB is owed by Permen ATR/BPN No. 6 of 2018 adheres to the concept of freies ermessen, and ATR/BPN officials can implement the provisions of the BPHTB owed according to Permen ATR/BPN No. 6 of 2018 based on the principle of presumption of validity
Penataan Ruang Kawasan Perkotaan Denpasar-Badung-Gianyar-Tabanan (Sarbagita) Provinsi Bali dalam Perspektif Otonomi Daerah & Hak Asasi Manusia Allan Fatchan Gani Wardhana; Diva Febrina Nurcahyani Rahman
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research will examine the spatial planning policies of the Denpasar-Badung-Gianyar-Tabanan (Sarbagita) Urban Area with the perspective of regional autonomy and human rights. Two things will be studied, namely first, the concept of spatial planning in the Denpasar-Badung-Gianyar-Tabanan (Sarbagita) Urban Area of Bali Province, secondly, related to whether the urban spatial planning is in line with the concept of regional autonomy and correlates with the principles of human rights. The research method used is normative juridical with statutory and conceptual approaches. The results of the study concluded that first, the formation of regulations regarding the Sarbagita Urban Area is dominated by the Central Government, while the Regional Government only follows the policies of the Central Government. As for the management aspect of the Sarbagita urban area, management is carried out by the Minister, Governor, and Regent or Mayor in accordance with their authority. Second, the development and management of urban areas must pay attention to the principles of human rights, one of which is to provide opportunities for the community to be involved in the arrangement, management and utilization of the spatial planning of the Sarbagita urban area.
Eksistensi Akta Notariil dalam Pembatalan Akta Jual Beli Hak Atas Tanah yang Terdapat Cacat Administrasi (Studi Kasus di Kabupaten Kulon Progo) Desiana Fauziah Yasmin
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The failure to conduct a certificate check in a Sale and Purchase Deed results in administrative defects, rendering it ineligible for registration with the Land Office. This situation causes losses to both the parties involved and the Land Deed Official who signed and recorded the deed in the Land Deed Official's Deed Register. Consequently, a new Sale and Purchase Deed and a notarial deed of cancellation for the defective Sale and Purchase Deed are required. This research aims to investigate the process of creating a notarial deed to cancel a Sale and Purchase Deed that contains administrative defects, as well as to determine the legal implications of the existence of the notarial deed of cancellation on land registration activities at the Kulon Progo District Land Office. This study is a normative-empirical research that employs both normative legal and empirical legal approaches. The subjects of the study are an informant from the Land Office of Kulon Progo District's Section for Determination of Rights and Registration, as well as a respondent from the Notary or Land Deed Official in the working area of Kulon Progo District. The research data is collected from primary and secondary sources, using literature review and interviews as data collection methods. The data analysis techniques used for this research are data collection, data presentation, and drawing conclusions. The research findings conclude that the notarial deed of cancellation can be valid and recognized in practice at Kulon Progo District.
Problematika Konflik Norma Penerapan Jangka Waktu Hak Atas Tanah berdasarkan Peraturan Pemerintah Nomor 12 Tahun 2023 tentang Pemberian Perizinan Berusaha, Kemudahan Berusaha, dan Fasilitas Penanaman Modal Bagi Pelaku Usaha di Ibu Kota Nusantara Aditya Khrisna Murti; Nawang Wulan; Andre Bagus Saputra
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Rules are actually one of the objectives to achieve order and justice, however, sometimes there are overlapping rules that cause an imbalance in carrying out their functions. Law Number 5 of 1960 with Government Regulation Number 12 of 2023 is a form of overlapping regulations in relation to the term of land rights. The difference in the length of time for land rights as referred to in the two regulations creates a polemic in itself because of differences, including the time period for Cultivation Rights (HGU) with the proportion in Law No. 5/1960 given for a maximum period of 85 years, but in PP No. 12/2023 HGU rules change where the validity period of the HGU becomes 190 years. Therefore, this research will discuss related to the existence of a conflict of norms between the two rules and how the boundaries relate to the state's right to control and the setting of the time period for granting land rights in the capital city of the Archipelago. This study uses normative research with statutory and conceptual approaches. The results of this study are the need for harmonization of the two rules, especially for articles related to the term of land rights so that there is no conflict of norms in relation to state control rights in setting the time period for granting land rights.
Telaah Taksonomi Keadilan Lingkungan dalam Pemenuhan Hak atas Lingkungan Muhamad Agil Aufa Afinnas
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Environmental injustice and the fulfillment of the right to the environment have a relationship with each other. Environmental injustice is a real violation of the right to the environment and an inhibiting factor in fulfilling the right to the environment. Therefore, obstacles in fulfilling the right to the environment are related to environmental injustice. This study was conducted to examine the fulfillment of the right to the environment within the framework of environmental justice taxonomy which sees environmental justice as distributive justice, corrective justice, procedural justice, and social justice. This research is doctrinal legal research with a conceptual approach. The results of this study show that in the context of fulfilling the right to the environment, obstacles can be caused by distributive injustice in the form of unfair distribution of environmental benefits and risks, corrective injustice that causes weak legal protection for people’s environmental right, procedural injustice that hinders access to information, access to participation, and access to justice, and social injustice due to problems that still occur in the previous three aspects. In fact, the four aspects of environmental justice must be realized in order to fulfill the right to the environment as part of human rights.
Kebijakan Reforma Agraria Pasca Lahirnya Bank Tanah Indri Asra Ismanto; Pujiyono; Hari Purwadi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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In Indonesia, Landeform is a problem that cannot be resolved well. The existence of the Government Regulation of Indonesia Number 64 of 2021 concerning the Land Bank which contains content of Landreform in it. This research will analyze the policies and linkages of Landreform after the existence of the Land Bank. This research uses normative juridical research methods, with a statute approach and library research data collection techniques. This research indicate that the goal of Landreform achievment are to decrease inequality in land ownership in order to create justice and create people's welfare through proportional control of land ownershiop, while the goal of the Land Bank refers to procurement of land for the economy and investment which focuses on country growth and country profits, even though one of the land bank’s purpose is for Landreform, the purpose of Land Bank are too many and non-specific covering public and private interests, so a balance is needed in the implementation of the Landreform.
Arah Kebijakan One Map Policy dalam Percepatan Reforma Agraria: Upaya Penyelesaian Konflik Agraria Aprillia Wahyuningsih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The state's agenda in fulfilling the needs of its people is one of them by carrying out various developments by utilizing natural resources. This is done by utilizing existing land in the territory of Indonesia. However, the number of state institutions in the implementation of development often results in conflicts. One of the causes of the conflict is overlapping land tenure by the community, government and private sector. Thus, in order to prevent and resolve agrarian conflicts, it is necessary to harmonize land use maps that are integrated on one map. This study intends to provide an introduction to the discussion regarding the importance of one map policy in accelerating agrarian reform as an effort to resolve agrarian conflicts. The research method used in this research is normative research and uses statutory and conceptual approaches. The results of this study show the following: One Map Policy is a government policy that can support the agrarian reform program and resolve overlapping land conflicts which are carried out with the aim of achieving legal certainty and protection as well as justice and prosperity for all Indonesian people.
Kewenangan BPN dalam Mencabut Sertipikat Hak Milik Atas Tanah Karena Cacat Administrasi Berdasarkan Asas Contrarius Actus Imran; Moh Rizaldi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Cases of administratively flawed land certificates are increasing, both caused by negligence and on purpose. Interestingly, instead of trying to resolve it, the Government has issued PP No. 18 of 2021 in which one of the provisions requires an administrative disability certificate that has been issued for more than five years, to be tried by a court. The problems raised are first, how is the legal politics of the contrarius actus principle; Second, how should BPN officials respond to the certificate? Through a statutory and conceptual approach, this study concludes that firstly the principle of contrarius actus is empowered to resolve administrative cases without amputating the court's authority to adjudicate; second, BPN officials have the authority to cancel administrative certificates that are more than five years after issuance.
Pengaturan Penundaan Pemilihan Umum: Urgensi dan Materi Muatannya Jamaludin Ghafur
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The Indonesian constitution stipulates that elections will be held every 5 (five) years. Regular general elections are a must in a democratic country so that the national leadership succession can take place on an ongoing basis. However, in certain situations such as civil, military, war, or natural and non-natural disasters, it is almost certain that all constitutional agendas – including elections – will be affected. When a state experiences an emergency, postponement or even cancellation of elections is almost certain to occur. Unfortunately, laws and regulations have not at all anticipated the possibility of postponing elections so this has the potential to cause various constitutional problems – one of which is a power vacuum.
Tinjauan Yuridis Permasalahan dan Tantangan Pengadaan Tanah dalam Kerangka Proyek Strategis Nasional (PSN) Mustika Prabaningrum Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 3 SEPTEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study aims to examine the legal review issues of juridical review of the problems and challenges of land acquisition within the framework of the National Strategic Project (PSN). This research is normative legal research with statutory and conceptual approaches. The results of the research show that the state itself has become the largest developer and ensures that its development targets are met, even by coercive means when necessary. In this case, spatial planning becomes an instrument for the state in achieving these development targets which in turn causes injustice for those whose living space is only designed to serve as a center for capital circulation. Therefore, the procurement must be announced in a transparent manner and the land to be acquired must be determined in advance before the work is carried out. This is expected to be a win-win solution for the government and affected communities so that the achievement of national strategic projects (PSN) can run well and smoothly and the affected communities are no longer the ones whose interests suffer the most.

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