Journal articles on the topic 'Land disputes'
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1
Kismantoro, Bayun, and Akhmad Khisni. "District Land Office Purworejo Role in Efforts To Solve Grants Dispute (Case 32 / Pdt.G / 2018 / PN. Pwr)." Jurnal Akta 6, no. 3 (September 13, 2019): 461. http://dx.doi.org/10.30659/akta.v6i3.5105.
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The number of disputes in Purworejo regency, especially in the area of land would make the authors interested in examining disputes and conduct research on the consideration of the judges through decisions that have been stated. Land disputes, is anything that causes disagreements, discord or strife. Dispute is a continuation of the conflict, and the conflict itself is a dispute between two parties, but the dispute was only buried and can not be shown and when the dispute was notified to the other party will be disputed. The problems of this study are 1) How Purworejo District Land Office Role In Resolving Grants Disputes Efforts In Case No.32 / Pdt.G / 2018 / PN.Pwr, 2) How Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute.This research used normative juridical approach (normative legal research) so called because this research is the study of literature. This study uses a basic decision No.32 / Pdt.G / 2018 / PN.Pwr. Normative research that discusses the doctrines or principles in jurisprudence. The results of this study show that, 1) Role of the District Land Office Purworejo In Effort Resolving Disputes Grant In Case No.32 / Pdt.G / 2018 / PN.Pwr rolegive evidence in the trial to support the strong evidence. 2) Consideration Judge In Case No.32 / Pdt.G / 2018 / PN.Pwr About Grant Dispute. Judge offers mediation in accordance initial steps of the Supreme Court Regulation No. 1 of 2016.Based on the results of data analysis concluded that give evidence in the trial to support the strong evidence in case of Grant Disputes from the District Land Office Purworejo, consideration of the judge that the plaintiff has successfully refute the arguments of gugatanya partly in what he demanded from the gugatanya. Then the judges verdict. Suggestions for Purworejo Land Office Hopes to be more careful in the process of registration certificates andSense of justice is extremely important for the judge to impose any decision.Keywords: Land Office; Legal Dispute; Grant.
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Adawiyah, Robyatul, and Gunarto Gunarto. "Analysis of National Land Board Authority on Land Dispute Which have not been Registered in The Land Office of Samarinda." Jurnal Akta 5, no. 4 (December 6, 2018): 897. http://dx.doi.org/10.30659/akta.v5i4.3730.
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According to Article 3 letter f Presidential Regulation No. 20 of 2015 stipulates that the National Land Agency performs functions include formulation and implementation of policies in the field of control and the handling of disputes and case land. Most of land that has not been registered in BPN Samarinda because of several problems, one status each land dispute. The purpose of this study was to analyze the authority BPN Samarinda on disputed land which has not been registered and analyzing obstacles and solutions. Metode approach used in this study is a sociological juridical approach. Mechanical collection of legal materials in this study is by interview and literature study techniques, data analysis techniquesdescriptive analytic method is used.The results showed that the Authority granted to BPN in resolving land disputes is procedurally done by first conducting studies and approaches to the parties to the dispute, namely through consultation and the courts / litigation.Barriers BPN authority over land disputes that have not been registered at the BPN Samarinda is the lack of public knowledge about the land, the lack of public awareness and public access to information and services is still minimal, most people live in rural surroundings with facilities and means of transport and communications are limited. BPN solutions that can be done is through deliberative approach, but if consensus is not reached, it will be taken by the courts / litigation. Also BPN proactive approach with mobile services from village to directly deal with the public in the form of activities, socialization, education, land registration, measurement and delivery of certificates.Keywords: BPN Authority; Land Registry; Land Dispute.
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Teku, Lusiana Maryati Karuni Poso, Mujiati Mujiati, and Dian Aries Mujiburohman. "Penyelesaian Sengketa Pertanahan Melalui Perbaikan Kualitas Data Pertanahan Di Kabupaten Manggarai Barat." PERSPEKTIF 11, no. 2 (April 18, 2022): 779–85. http://dx.doi.org/10.31289/perspektif.v11i2.6120.
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One of the causes of land problems is the absence of complete and accurate data on registered land ownership. This happens because the digitization process has not yet been completed, whether the certificates, land books or letters of measurement and maps. So, the purpose of this study is to analyze the quality of land data to identify and resolve land disputes. The method used is a qualitative descriptive method, with the results showing that one of the Independent Land Data Quality Improvement activities (PKDPM) produces a dispute map containing the names of the parties with problems and the location of the land indicated as problematic. Based on the dispute map, it can identify 58 (fifty-eight) land disputes which are classified into 4 (four) namely overlapping, boundary disputes, inheritance disputes and land ownership disputes. However, out of 58 disputes, only 5 cases could be resolved through mediation at the West Manggarai Land Office. So, it can be concluded that PKDPM activities are only able to identify disputes, but are not able to resolve existing disputes.
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NINGRUM, HERLINA RATNA SAMBAWA. "ANALISIS HUKUM SISTEM PENYELESAIAN SENGKETA ATAS TANAH BERBASIS KEADILAN." Jurnal Pembaharuan Hukum 1, no. 2 (August 1, 2014): 219. http://dx.doi.org/10.26532/jph.v1i2.1481.
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Law enforcement bureaucracy in resolving land disputes through litigation and non-litigation often found that in resolving the dispute is considered unjust. Disputes over land and agrarian resources in general seems to be a latent conflict. Of the various cases, rise and sharpening of land disputes not happen instantly, but to grow and develop from seeds that so long it has been deposited. This research method combines doctrinal research and socio-legal research-research, the basis of doctrinal research is research library that includes the primary legal materials, secondary law and tertiary legal materials. The results obtained 1) that the causes of the frequent occurrence of land disputes, among others; System of land administration, land ownership distribution is uneven. The legality of land ownership based solely on the formal proof (certificate), without regard to soil productivity2) Strategy Dispute Settlement System of Land-Based Justice: Strategic Administrative State, Judiciary, Legislative Strategy, Need to establish a separate judiciary in resolving disputes over land
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Fravel, M. Taylor. "Power Shifts and Escalation: Explaining China's Use of Force in Territorial Disputes." International Security 32, no. 3 (January 2008): 44–83. http://dx.doi.org/10.1162/isec.2008.32.3.44.
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Although China has been involved in twenty-three territorial disputes with its neighbors since 1949, it has used force in only six of them. The strength of a state's territorial claim, defined as its bargaining power in a dispute, offers one explanation for why and when states escalate territorial disputes to high levels of violence. This bargaining power depends on the amount of contested land that each side controls and on the military power that can be projected over the entire area under dispute. When a state's bargaining power declines relative to that of its adversary, its leaders become more pessimistic about achieving their territorial goals and face strong preventive motivations to seize disputed land or signal resolve through the use of force. Cross-sectional analysis and longitudinal case studies demonstrate that such negative shifts in bargaining power explain the majority of China's uses of force in its territorial disputes.
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Agegnehu, Sayeh Kassaw, Tilahun Dires, Worku Nega, and Reinfried Mansberger. "Land Tenure Disputes and Resolution Mechanisms: Evidence from Peri-Urban and Nearby Rural Kebeles of Debre Markos Town, Ethiopia." Land 10, no. 10 (October 11, 2021): 1071. http://dx.doi.org/10.3390/land10101071.
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In Ethiopia, like in other developing countries, land disputes are critical problems both in peri-urban and rural areas. Handling such disputes requires scientific and evidence-based interventions. This study analyzes the nature, types, and causes of land tenure disputes and the resolution mechanisms thereof in peri-urban and nearby rural kebeles of Debre Markos town. Interviews for the investigation were conducted with sample landholders and concerned legal experts in Debre Markos town’s peri-urban area and Gozamin Wereda of Amhara National Regional State in Ethiopia. Compared to rural areas, the incidence of land tenure disputes is high in peri-urban areas. The land tenure disputes identified in the study areas are boundary trespassing disputes, landholding disputes, land rental disagreements, divorce-related land disputes, bequeath disputes, parcel exchange disputes, and land use-related disputes. The land tenure disputes are resolved mainly by formal means such as court litigations and administrative decisions, or by informal means known as alternative dispute resolution mechanisms (ADRMs). In both study areas, negotiation, mediation/conciliation, and arbitration are the most frequently employed ADRMs. In particular, mediation plays a significant role in resolving symmetrical land tenure disputes both in peri-urban and rural areas.
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Hassner, Ron E. "The Path to Intractability: Time and the Entrenchment of Territorial Disputes." International Security 31, no. 3 (January 2007): 107–38. http://dx.doi.org/10.1162/isec.2007.31.3.107.
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Why do territorial disputes become more difficult to resolve over time? Why are states often unable to resolve long-standing territorial disputes over land that is of little strategic or economic value? One explanation for territorial dispute entrenchment draws on changes in dispute perception. Specifically, as territorial disputes mature they undergo processes that increase the integrity of the disputed territory, clarify the definition of the territory's boundaries, and make it more difficult to find substitutes for the territory. Territorial dispute resolution is both stochastic and exogenous to the entrenchment process and thus impossible to predict. It is possible, however, to forecast ex ante the degree to which young territorial disputes are likely to resist resolution efforts in the future based on two variables: perceptions of a territory's integrity, boundaries, and value at the outset of the dispute, and physical constraints on expansion and settlement into the territory.
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Rafid, Zahran, and Hardianti Yusuf. "PERANAN PEJABAT PEMBUAT AKTA IKRAR WAKAF DALAM MENCEGAH TERJADINYA SENGKETA TANAH WAKAF." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 2, no. 2 (August 17, 2020): 99–110. http://dx.doi.org/10.35673/as-hki.v2i2.910.
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AbstractThis study discusses the role of officials maker of the waqf pledge deed to prevent the occurrence of waqf land disputes, which occurred in the Tanete Riattang Barat District Area. This research uses mixed methods, namely library research and field research. Data was collected through direct interviews with informants PPAIW, namely the Head of Religious Affairs Office (KUA) and the public who were aware of the waqf land dispute in the Tanete Riattang Barat District Area.The results showed the role of PPAIW in preventing the occurrence of waqf land disputes was very important. Therefore, PPAIW was tasked to make the waqf pledge deed and the waqf land certificate. With the deed and certificate, it would narrow the chances of a waqf land dispute. Besides making endowment pledges and endowment land certificates, the next step was to bring the two disputing parties together and provide an understanding of the disputed waqf land and show the evidence that had been made by PPAIW itself.Keywords : Certificate Waqf; Deed Pledge of Waqf; Officials Maker of the Waqf Pledge Deed (PPAIW).
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Simanjuntak, Enrico. "REKONSEPTUALISASI PENGADILAN PERTANAHAN." Jurnal Hukum dan Peradilan 3, no. 3 (November 28, 2014): 253. http://dx.doi.org/10.25216/jhp.3.3.2014.253-268.
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There are at least three basic argument behind the idea of settlement of the special land dispute court, namely : first, the recognizing of the land bill drafter of the complexity of the land disputes. Second, the idea of settlement of special land dispute court is intended to restore the previous special court (Landreform Court) in the sixties era. Three, the special land dispute court of land is basically intended to repair the malfuncion of present court in settlement of the land disputes. But the academic draft and bill of land rises some questions about the know-how land disputes of the bill’s drafter, it proposes that this academic draft and bill of land does not take a sufficiently deep assessment. The author assumes that the flaws of academic draft is relating to the lack of legal problem mapping in land disputes, including the basic knowledge of legal system in land disputes. This situation reflects the banality of data and legal situation analysis which affects the misconception of the elemental interconection of legal normative with the structure of social aspect by jumpling to conclusion and forced conclusion. Finally, some solution which is proposed in this bill of land is diametrically opposed with the basic need of agrarian reforms and judicial empowerment project, especially administrative court. Keywords: Bill of land, Land Court, Administrative Court
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Wiguna, Made Oka Cahyadi. "Peluang Penyelesaian Sengketa Perdata Tentang Tanah Melalui Alternative Dispute Resolution." Masalah-Masalah Hukum 47, no. 1 (January 30, 2018): 47. http://dx.doi.org/10.14710/mmh.47.1.2018.47-55.
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AbstractThe current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty. Keywords: Land civil disputes, alternative dispute resolution and principles of contract.AbstrakPerkembangan yang terjadi saat ini, banyak terjadi sengketa pertanahan yang bersifat vertikal maupun horizontal. Permasalahan mengenai pertanahan yang terjadi sering disebabkan akibat salim klaim penguasaan hak atas tanah. Sengketa tanah yang dimaksudkan adalah sengketa perdata tentang tanah. Mewujudkan win-win solution dalam penyelesaian sengketa perdata tentang tanah relatif sulit dapat terwujud, apabila penyelesaiannya diselesaikan melalui sidang peradilan (litigation). Pilihan hukum (choice of law) yang dapat dipilih untuk memperoleh dan mewujudkan win-win solution dalam menyelesaikan sengketa perdata tentang tanah tentunya adalah melalui alternative dispute resolution. dengan cara negosiasi, mediasi dan konsiliasi. Dalam rangka penyelesaian sengketa perdata tentang tanah diselesaikan melalui alternative dispute resolution, maka penyelesaiannya tidak dapat mengabaikan asas-asas hukum yang berlaku mengenai perjanjian. Kata Kunci : Sengketa perdata tanah, alternatif penyelesaian sengketa dan asas-asas perjanjian.
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Owusu Ansah, Barikisa, and Uchendu Eugene Chigbu. "The Nexus between Peri-Urban Transformation and Customary Land Rights Disputes: Effects on Peri-Urban Development in Trede, Ghana." Land 9, no. 6 (June 5, 2020): 187. http://dx.doi.org/10.3390/land9060187.
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Typically, peri-urban areas are havens and vulnerable receptors of customary land rights (CLRs) disputes due to the intrusion of urban activities or an uncoordinated mix of both. Although it is a dictum that CLRs cause setbacks to socioeconomic and spatial development, there seems to be a paucity of empirical studies on the effects of the CLRs disputes on the development of peri-urban areas, especially in developing countries, such as Ghana. This study addresses this issue by establishing a link between peri-urban transformation and emerging CLRs disputes, while assessing the effects of these disputes on the development of peri-urban areas. The study adopted a problem-centered mixed methods approach with a focus on the case of Trede, a town in Ghana transitioning from rural to urban status. Findings reveal that the changes leading to enhancing of peri-urban transformation are also the same changes inducing CLRs disputes in the area. It was found that the implementation of a local land use plan is a critical driver of CLRs disputes in Trede. A land-use plan implemented as a major step in converting rural lands into urban plots, triggered tenurial changes, land market development, high land values, loss of agricultural land, etc., which become recipes for the CLRs disputes in the study area. These CLRs disputes have hatched detrimental consequences on the economic, social, and physical developmental trajectories of Trede. As a way forward, the study proposes measures for peri-urban land management and CLRs dispute prevention.
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Jamiat, Jamiat, Sri Sudono Saliro, and Samsul Samsul. "Upaya Mediasi dan Akibat Hukum Sengketa Pertanahan di Kantor BPN Kabupaten Sambas." YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 7, no. 1 (April 15, 2021): 46–51. http://dx.doi.org/10.33319/yume.v7i1.70.
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Abstract Land is considered an asset that promises high value, so it is not surprising that land disputes occur in order to maintain ownership rights to land. The land dispute resolution process can be carried out by litigation or non-litigation. In the context of the implementation of land dispute resolution conducted at the Sambas BPN office, it is carried out through a mediation process (non-litigation). Based on the facts in the field in 2018 and 2019, there were many land disputes that were not resolved through mediation. This research focuses on what factors are causing the failure of mediation conducted at the Sambas BPN Office and how the legal consequences of resolving land disputes are resolved through mediation. The research uses empirical methods, and is analytical descriptive. To obtain primary data observation and unstructured interviews were conducted with respondents and sampling using purposive sampling. The results showed that: first, the factors causing the failure of mediation were the factors of the parties, the completion time factor, and supporting data factors. Second, the legal consequences of resolving land disputes resolved through mediation bind the parties to the dispute.
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Magomedova, M. A. "Initiation of a case for a land dispute in an arbitration court." Law Нerald of Dagestan State University 41, no. 1 (2022): 109–15. http://dx.doi.org/10.21779/2224-0241-2022-41-1-109-115.
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Consideration of a case at first instance begins with the stage of initiation of a case. Actions made at this stage are united by the purpose of initiation of process. The basic purpose of the lead research is definition of prerequisites of the right of institution of legal proceedings on land disputes in arbitration court. For achievement of the specified purpose, criteria of attribution of land disputes to the competence of arbitration court, a role of a subject and the basis of the claim in determination of identity of claims on land disputes and their influence on separate institutes of arbitration legal proceedings are determined. Conducted research is based on civil procedure scientists' views, the analysis of the current arbitration procedural legislation, legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court expressed before its liquidation and practice of arbitration courts of the Russian Federation. The main category of land disputes arises from civil legal relations, which are considered in action proceedings. The initiation of a case is connected with certain prerequisites, which are explored in the article. Determination of the competence of the arbitration court of the land dispute is connected with economic nature of the dispute and its subject composition. In the article the economic nature of the land dispute is connected with the purpose for which the land plot is used. As an additional criterion to determine the competence of the arbitration court, the type of the permitted use of the land dispute should be used. The article criticizes the provision of part 2 clause 64 of the Land Code of the RF on the pre-trial nature of the arbitration proceedings in the land disputes. The change in the legislative definition of the land plot made it possible to speak about exclusive jurisdiction of land disputes considered by way of action proceedings. The article defines the notion of the subject matter and cause of action in a land dispute. Their value for definition of external and internal identity of claims, limits of consideration of land disputes, formulation of a resolutive part of the judicial decision is revealed. The article suggests the procedure for determining the price of a claim for land claims of a property nature
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Busuiok, Diana. "The current state of development of legislative bases mediation of land disputes." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 337–41. http://dx.doi.org/10.36695/2219-5521.2.2020.63.
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The article examines the existing drafts of the Law of Ukraine “On Mediation” and defines how to improve them according toresolution of land disputes in the order of mediation.Land disputes can be resolved through a mediation procedure. The current land legislation, in particular the Land Code ofUkraine, does not contain any prohibition on mediation of land disputes. This possibility follows from the dispositive method of legalregulation of land relations – everything is allowed that is not prohibited by law.At the same time, the issue of direct legislative settlement of land dispute mediation still remains open. There are several draftsof the Law of Ukraine «On Mediation» on the website of the Verkhovna Rada of Ukraine. One of the draft laws «On Mediation»№ 3665 of December 17, 2015 was adopted in the first reading, but in 2019 the Verkhovna Rada of Ukraine rejected it – the bill wasnot adopted. On December 28, 2019, the government bill «On Mediation» № 2706 was registered in the Parliament. However, this billwas withdrawn on March 4, 2020.There is a need to investigate the latest legislative trends in the settlement of land dispute mediation, based on the above bills. Ifthe general provisions are spelled out in more detail in the government bill, the specifics are in the 2015 bill.Based on the analysis of the two bills, we consider it appropriate to note that the measures that we believe will facilitate the introductionof mediation in resolving land disputes should include the promotion of mediation as an out-of-court settlement of land disputesand their direct resolution through mediation. So far, the resolution of land disputes through mediation remains a theoretical construction.Resolving land disputes through a mediation procedure will determine the best way to regulate these land relations. Without thepractical application of mediation in resolving land disputes, it remains only to envisage possible legal mechanisms for the legal regulationof these social relations. The latter may have significant shortcomings, which will be possible to identify only in practice.
None of the proposed bills includes land disputes in the list of disputes that can be resolved through mediation, but according tocurrent land legislation, in particular the Land Code of Ukraine, there are cases when such a method of resolving land disputes has aright to exist, in particular in disputes land easements.The requirement to go to court in case of non-fulfillment of obligations under the agreement as a result of mediation is controversial.This is contrary to the very nature of mediation, which should be carried out on the basis of voluntary participation in the mediation procedure,and the parties themselves should decide on options for resolving the dispute. This requirement is contrary to the nature of mediation.We consider it necessary that these provisions on land mediation be taken into account in further work on possible draft laws onmediation.
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Koeswahyono, Imam. "PENYELESAIAN PERSOALAN TANAH PERKEBUNAN DALAM PERSPEKTIF SOCIO LEGAL (STUDI PADA BEBERAPA PERKEBUNAN DI JAWA TIMUR)." Jurnal Hukum & Pembangunan 38, no. 4 (December 3, 2008): 525. http://dx.doi.org/10.21143/jhp.vol38.no4.181.
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AbstrakThe author publishes his research report concerning plantation landproblems. The research is aimed to result clarifications how far theresolution to accomplishing plantation land disputes. Study has been done tofind correlation between one of the land reform programs by landredistribution model and plantation land disputes. To giving accurate dataand touching the focus study the author use socia-legal methods and by fieldobservation in land dispute areas where located. The analysis is also madeon corporate social responsibility angle to detect it effectiveness on landdispute reduction in conflict area both in effective plantation and ineffectivearea. The research is also purposed to give alternative concept for bettermodel on plantation lands management in the future.
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Whiting, Susan. "Values in Land: Fiscal Pressures, Land Disputes and Justice Claims in Rural and Peri-urban China." Urban Studies 48, no. 3 (February 2011): 569–87. http://dx.doi.org/10.1177/0042098010390242.
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This paper explores justice claims and legal recourse in disputes over land rights—a major source of unrest—in rural China. Local governments’ search for fiscal revenue and the concomitant fiscalisation of land create the context for the recent wave of land disputes. The types of dispute and the contexts in which disputes arise shape the ways in which citizens seek recourse to threats to their property rights and shape the kinds of justice claim they make in the process. Citizens whose land rights are threatened by land takings orchestrated by local governments and outside developers are more likely to pursue both distributive and procedural justice claims in court than are citizens whose land rights are threatened by reallocation of land within the community. In the latter case, citizens are more likely to pursue distributive but not procedural justice claims through mediation. These patterns hold in both case study and survey evidence. Distributive justice is associated with the fairness of outcome of a dispute, while procedural justice is associated with fairness of the process of dispute resolution.
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Sarsono, Sarsono, and Munsharif Abdul Chalim. "Land Dispute Settlement Through Mediation In The Regional Land Office In Boyolali Regency." Jurnal Akta 5, no. 2 (May 15, 2018): 369. http://dx.doi.org/10.30659/akta.v5i2.3089.
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This study aims to describe the settlement of land disputes through mediation conducted in Regional Land Office of Boyolali Regency, and the obstacles encountered in settling land disputes through mediation. So, it can provide additional knowledge for anyone who reads it. The problem formulation in this research is how the role of the land office in order to settle the land dispute mediation in the Land Office of Boyolali Regency and what are the constraints of the mediation in land disputes in the Land Office of Boyolali Regency. This research is a legal juridical empirical research or legal sociology research. It it kind of research that analyzes a problem by combining secondary data (legislation) with primary data obtained in the field. The result of this research is that the role of Land Affair Office of Boyolali Regency in the effort of settling land dispute through mediation is as mediator who is responsible for assisting the parties in dispute to produce agreement received by the all parties. The parties assist to end up the dispute, then pour the result of mediation into the Minutes of Mediation. In the event of mediation, when the agreement is reached, the parties are willing to implement the mediation decision. However, if in mediation is not reached agreement, the District Office of Boyolali Regency will invites the parties to process through litigation (court). In the implementation of mediation at the Land Office of Boyolali Regency, there are obstacles, namely: (1) The absence of the parties in dispute, (2) there is no good intentions from each party in dispute, (3) Differences in ability and education among the parties, (4) The role of Land Office of Boyolali Regency is only as mediator, it cannot be as a decision maker/court.Keywords: Settlement Of Land Dispute, Mediation, Land Office.
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Yaremak, Z. V. "The Institute Decision Of Land Disputes In The System Of The Land Law." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 99–110. http://dx.doi.org/10.15330/apiclu.51.99-110.
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The article deals with the theoretical and legal research of the Institute of Land Disputes as a separate type of land legal relations. The modern scientific concepts of understanding the legal nature of the settlement of land disputes in the science of land and environmental law are analyzed. It is concluded that the legislative consolidation of the settlement of land disputes as a guarantee of land rights determines the peculiarities of determining the content of this legal category as a type of land legal relations, regulated by the rules of land legislation.
On the one hand, as a guarantee for the protection of human rights, the resolution of a land dispute is viewed through the prism of its effectiveness, which is ensured (implemented) with the help of public authorities within the powers defined by law to make a decision that will restore the violated, unrecognized or contested right. On the other hand, the settlement of land disputes is seen as a kind of land management relations of procedural content.
On the basis of a systematic analysis of the provisions of the Land Code of Ukraine, it is concluded that Section V of the Land Code of Ukraine contains only legal guarantees for the protection of land rights, not guarantees for land rights, and leaves out the guarantees of realization and protection of land rights, which are defined outside this section.
The urgent issue remains the effectiveness of resolving land disputes and strengthening its importance as a guarantee for the protection of land rights. This raises practical problems of differentiation of competence, efficiency of procedures of consideration of cases and execution of decisions in land disputes. The lack of quality legal regulation causes the settlement of land disputes as a guarantee for the protection of land rights not receiving proper practical implementation and to some extent being declarative.
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Murni, Afradiana, I. Wayan Landarawan, and I. Nyoman Natajaya. "Peranan Tu’a Golo Dalam Menyelesaikan Sengketa Tanah Ulayat Di Kecamatan Cibal Barat Manggarai Nusa Tenggara Timur." Jurnal Pacta Sunt Servanda 1, no. 1 (March 4, 2020): 23–43. http://dx.doi.org/10.23887/jpss.v1i1.357.
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This studyamis are to find out how golo tu’a resolving ulayat and disputes, the factors causingthe land disputes, the from of land disputes the occur in the village of Golo Lanak, West Cibal Subdistrict, Mangarai NTT, and the way tu’a golo ( adat head) in resolving ulayat and disputes in Golo Lanak Village, Cibal Barat District, Manggarai, NTT. This study use qualitative descriptive approach and the data was collected using the method of observation, interviews and documentation. The results of the study indicate that : the cause of ulayat land disputes is due to the land boundary of Golo Lanak Village is unclear. Disputes that onccur in Golo Lanak Village are the traditional community of Golo Woi Village (kina tribe) controlling the customary land owned by Golo Lanak Village (maki tribe) disputes is namely in the from of utterances of words where each thinks that they are right and entitle to land. The method of golo tua in resolving the costomary land dispute in the village of Golo Lanak is through lonto leok (deliberation). These are the customs and symbols of the Manggarai tradisional community that are used. In this from. Efforts to resolve ulayat land diputes are resolved with the hambor damai (somekind of peace treaty)
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Syaprianto, Syaprianto, and Dita Fisdian Adni. "PERAN KANTOR PERTANAHAN KABUPATEN PELALAWAN DALAM MENYELESAIKAN SENGKETA KEPEMILIKAN TANAH DI KABUPATEN PELALAWAN." WEDANA: Jurnal Kajian Pemerintahan, Politik dan Birokrasi 5, no. 2 (October 15, 2019): 1–6. http://dx.doi.org/10.25299/wedana.2019.vol5(2).4153.
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This study aims to look at the role of the Pelalwan District Land Office in resolving land ownership disputes in Pelalawan Regency and this research was conducted using survey research methods, the level of exploration is descriptive and using qualitative data analysis. The researcher interviewed directly and in depth with key informants who were considered to be most aware of the role of the Land Office in resolving land ownership disputes using a technique. purposive sampling. The results of this study indicate that the role of the Land Office in resolving disputes Land ownership is considered quite maximal because it has become a mediator between the two parties to the dispute in conducting mediation even though it has not yet met an agreement and there are several findings that have become obstacles to the Land Office in resolving land ownership disputes. First, the Land Office lacks human resources. Second, Lack of witnesses Regarding Land History and third, Factors of disputing character that are only selfish.
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Muhammad Taufan Djafri, Askar Patahuddin, Azwar Iskandar, and Ambarwati Ambarwati. "Permasalahan dan Penyelesaian Sengketa Wakaf Menurut UU No. 41 Tahun 2004 dan Hukum Islam (Studi Sengketa Wakaf Tanah Wahdah Islamiyah)." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 2, no. 3 (November 18, 2021): 396–412. http://dx.doi.org/10.36701/bustanul.v2i3.402.
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This research aims to find out: (1) the issue of waqf disputes and their resolution in Indonesia in the review of the Law. No. 41 of 2004 and Islamic law; and (2) the issue of waqf disputes and their settlement in Wahdah Islamiyah. This research includes the category of descriptive research using qualitative methods with a juridical-normative approach through field research. The results showed that: (1) the form of land waqf dispute problems in Indonesia, including: (a) issues involving holders of legitimate rights to waqf land; (b) issues related to the reason for rights or proof of acquisition used as a basis for granting rights; (c) errors/misrepresentation of rights. In addition, the problem is also in the form of still many waqf land that does not have a Waqf Pledge Deed, many waqf implementations are carried out religiously or based on mutual trust, the demand for the return of waqf land by wakif heirs and waqf land is controlled for generations by nazirs who deviate from waqf accounts. Article 62 of Law No. 41 of 2004 on Waqf affirms that the resolution of disputes is taken through deliberation for consensus. If dispute resolution through deliberation is unsuccessful, the dispute can be resolved through mediation, arbitration, or court. As for the review of Islamic law, the resolution of waqf disputes and other issues in the realm of Islamic law can be facilitated through litigation and non-litigation. The existence of peace (al-iṣlah) and deliberation for consensus is always a priority and is expected to solve problems without causing other problems (lā ḍarara wa lā ḍirāra) to achieve the benefit of the people in accordance with maqāṣid al-syarī'ah and justice; (2) Wahdah Islamiyah faces several problems of land waqf disputes, such as lack of legal certainty in waqf land ownership, waqf practice by conventional means, waqf land for sale, claims of waqf land ownership, and no checking the legality of waqf land. In the settlement of land waqf disputes, Wahdah Islamiyah directs the resolution of all dispute cases through two patterns, namely litigation and non-litigation patterns, which are generally done by familial means or consensus deliberation.
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Pusparini, Ajeng, and Gunarto Gunarto. "The Role of Conveyancer in Resolving Disputes against the Deed." Sultan Agung Notary Law Review 3, no. 2 (July 31, 2021): 562. http://dx.doi.org/10.30659/sanlar.3.2.443-447.
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Dispute and land conflict is a form of problems that are complex and multi-dimensional. In such disputes often involve the Land Deed Official to account for the deed he made, the National Land Agency as a Facilitator in the handling of land disputes involving land deed. Research method used is empirical juridical, the specification of this research uses descriptive method of analysis, the method of data analysis used is using the method of literature research, based on research concluded so that conveyancer can apply the principle of prudence by conducting field checks, that in handling land disputes it takes good faith and each party must be cooperative in the course of mediation.
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Yamin, Muhammad. "THE ROLE OF NATIONAL LAND AGENCY IN ACCELERATION OF LAND REGISTRATION FOR LEGAL CERTAINTY." Nagari Law Review 1, no. 2 (April 30, 2018): 107. http://dx.doi.org/10.25077/nalrev.v.1.i.2.p.107-114.2018.
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Observing a lot of land conflicts in Indonesia which is constantly increasing, and followed by the rapidly growing populations that caused the demand for land will also increase automatically. While the number of the available land is limited (not increasing). This condition will surely causes problems on controlling and ownership of the land. This research aims to identify the factors which causes conflict (dispute) of land, by doing inventory to the lands which is owned by the community (whether it is registered or not registered). From this temporary research result, it is known that, the implementation of the land registration in Deli Serdang district (the research location) has not happened as expected. It can be seen from the number of land which has not been registered, this condition will certainly trigger conflicts or disputes in society, both ownership boundary disputes, control of illegal land (arable land), inheritance disputes, etc. Certificate ownership mostly only exist in urban area. The lack of interest by the community to join the land registration is due to various of reasons, which is: 1) the community do not recognized the purpose of land registration, 2) the cost is expensive, 3) the management is convoluted, 4) the community feels that it is not a necessary to do it, 5) arable land. In this research, the role of National Land Agency (NLA) as the organizer of land registration has not been surely prominent, it is visible that the NLA office is more passive, which is only waiting for the arrival of the owner land to register their lands, NLA should be more involved in land registration and followed by socialization, counseling for the community. As well for the land disputes which is in the region of the Land Office until this moment is currently unfinished and still having a lot of problems, in order to achieve the above purpose, Deli Serdang Land Office has taken steps by empowering all the existing abilities, it has been a huge duty for Land Office, by remembering there will be more and more usage and utilization in the future, while the available land is limited, and hoping that the community will be motivated to registered their lands for achieving the legal certainty.
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Sulaiman, King Faisal, and Iwan Satriawan. "LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT." Indonesia Private Law Review 2, no. 2 (December 31, 2021): 109–24. http://dx.doi.org/10.25041/iplr.v2i2.2328.
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The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.
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Faisal. "Health Waqf Land Disputes and Alternative Settlements." Randwick International of Social Science Journal 2, no. 3 (July 31, 2021): 259–68. http://dx.doi.org/10.47175/rissj.v2i3.247.
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The system of Waqf management is still not as expected because many land dispute problems that arise in the midst of society are caused by factors that hinder the delivery of Waqf intentions from a representative. The issue of Waqf disputes is often brought to the path of litigation (court) so that alternative channels are needed in finding a resolution. The research method used is the method of juridical law research normative with the approach of legislation. The purpose of this research is to prioritize non-litigation pathways first to resolve Waqf disputes. The results showed that the factors that cause the non-implementation of Waqf lies in administrative problems when trying to make a deed of Waqf land pledge caused by disapproval by the heirs of the representative to the management of Waqf by nadzir who lack integrity and responsiveness. Recommendations on the issue, Waqf disputes should first put forward a non-Litigation line, because the Litigation line as a last resort to find a place to resolve land disputes.
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Ernanda, Dita, Istislam Istislam, and Yuliati Yuliati. "Penerapan Аsаs-Аsаs Umum Pemerintаhаn yаng Bаik dаlаm Penyelesаiаn Sengketа Tanah Hak Milik." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 6, no. 1 (June 27, 2021): 35. http://dx.doi.org/10.17977/um019v6i1p35-44.
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This study aimed to describe the procedure for resolving land disputes, the application of the General Principles of Good Government (AUPB) in land dispute resolution, and the supporting and inhibiting factors for the application of AUPB in resolving land disputes. This study used a sociological juridical approach, with the type of empirical juridical research. The procedure for resolving land disputes was through two types of applications, namely letters of public complaints and implementation of court decisions. The application of AUPB in land dispute resolution started from the application, data collection and analysis, field assessment and inspection, case exposure, case settlement reports, settlement, and implementation of settlement decisions. Supporting factors for the implementation of AUPB were the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016, Section for Handling Land Problems and Control, as well as facilities and infrastructure for mediation, case titles, and transportation. The obstacle of the AUPB implementation included the inkracht decision to issue replacement certificates that had not been explicitly regulated, resulting in land registration services being blocked by the system and uncooperative parties.
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Tchatchoua‐Djomo, Rosine, Mathijs van Leeuwen, and Gemma van der Haar. "Defusing Land Disputes? The Politics of Land Certification and Dispute Resolution in Burundi." Development and Change 51, no. 6 (October 24, 2020): 1454–80. http://dx.doi.org/10.1111/dech.12621.
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Sujadi, Suparjo. "STATUS TANDA PEMBAYARAN PAJAK HASIL BUMI (REFLEKSI KETIDAKHARMONISAN SISTEM RECHT KADASTER DAN FISCAAL KADASTER MEMBERlKAN KEADILAN)." Jurnal Hukum & Pembangunan 38, no. 2 (June 3, 2008): 277. http://dx.doi.org/10.21143/jhp.vol38.no2.172.
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AbstrakThis article engages Indonesian land and fiscal cadastre disharmony togiving legal certainty and land title security. The issue itself does not freefrom historical background regarding both land tax and land registrationsystem which has applied until recent time. Many land disputes such asMeruya Jakarta Bara!, Polonia Airport Medan land disputes are embarkedconcerning prior land tax evidence's which then has not accommodate byland registration. More factors that has been made become worse byberaucracy practice and the haves group whom have more power and accessto reach winning in many levels through dispute resolutions. The victims thatunfairness are deprived peoples who have no same access to landregistration and justice.
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Taylor, Philip. "Introduction to the Special Issue." Journal of Vietnamese Studies 9, no. 3 (2014): 1–18. http://dx.doi.org/10.1525/vs.2014.9.3.1.
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This essay explores the contestatory nature of land disputes in rural Vietnam. It builds on the findings of the research essays in this special issue and on recent scholarship to identify what is politically significant about contemporary land conflicts. Rural land disputes implicate a multiplicity of state, quasi-state and non-state actors in public, sometimes violent, contestations over the values attached to land. Their overt, discursive and contentious characteristics, the complex dynamics of protest and dispute mediation, and the manner by which disputants engage and disengage from their state representatives are identified as important dimensions of rural land politics in modern Vietnam.
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Risandi, Rachmah. "Settlement Disputes on Land Right Between Factory and Farmers Through Agrarian Reforma." Sultan Agung Notary Law Review 2, no. 1 (September 28, 2020): 1. http://dx.doi.org/10.30659/sanlar.2.1.1-12.
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The specific object in this research is Land Rights Dispute Settlement between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency through Agrarian Reforma with the formulation of the problem: (1) Why is there a dispute over tenure over land rights between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency? (2) What is the settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency by the Regional Office of the National Land Agency of Central Java Province, is in accordance with the National Land Law? (3) What are the obstacles faced by the Regional Office of the National Land Agency of Central Java Province in resolving land tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency? (4) What is the follow-up to the settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency through Agrarian Reforma? This study uses an empirical juridical approach with explanatory analysis research specifications. Primary data of this study were obtained from interviews with Central Java Provincial Office, Kendal District Land Office, PT. Karyadeka Alam Lestari and the head of Trisobo village using the snowball sampling method. The data collection techniques used were library studies and field studies. The data analysis technique used descriptive qualitative. The results of the research are: (1) The occurrence of land rights tenure disputes between PT. Karyadeka Alam Lestari with Farmers in Trisobo Village, Boja District, Kendal Regency because of the social disparity between Trisobo Village farmers and PT. Karyadeka Alam Lestari. (2) Settlement of land rights tenure disputes between PT. Karyadeka Alam Lestari with farmers from Trisobo Village, Kendal Regency, by the Regional Office of the National Land Agency of Central Java Province, is in accordance with the National Land Law. (3) The obstacle faced by the mediator is in providing a correct legal understanding of land control to the disputing parties. (4) The follow-up action taken by the Regional Office of the National Land Agency of Central Java Province is to determine a portion of the land object of the dispute covering an area of 11. 5 Ha is state land released by PT. Karyadeka Alam Lestari to Trisobo village and used as land Reforma land objects which will be redistributed to 570 farmer families in Trisobo Village, Boja District, Kendal Regency through the Agrarian Reforma program.
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Mwaigombe, Edward Karumiana, and Frataline Kashaga. "The Role of Informal Land Dispute Settlement Mechanisms on Family Land Ownership in Tanzania: A Case Study of Mbeya District, Mbeya Region." International Journal of Social Science Research and Review 4, no. 2 (August 30, 2021): 1–12. http://dx.doi.org/10.47814/ijssrr.v4i2.87.
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Informal land disputes settlement mechanisms epitomize a classic example of valuable and useful indigenous knowledge, which Africans have acquired for ages but is not being recognized and sometimes not fully utilized in contemporary African societies. The study aimed to assess the role of informal land dispute settlement mechanisms on family land ownership in Tanzania: A case of Mbeya district. The specific objectives of the study were to identify nature and causes of informal land dispute settlement mechanisms on family land ownership in Mbeya district and to examine the effectiveness of informal land dispute settlement mechanisms on family land ownership in Mbeya district. The study adopted case study research design, target population of the study was 446 respondents, and sample size of the study was 128 respondents. This study employed both qualitative and quantitative research approach data collection tools used was questionnaires, interview and focus group discussion. The study findings indicated that causes of disputes on family land ownership and effectiveness of informal dispute settlement mechanism significantly lead to family land ownership conflicts in Mbeya district as well as in Tanzania. The study concluded that informal land dispute settlement mechanisms help people within the community to attain land ownership through chiefs and community elders because this mechanism can strengthen solidarity, ethnics discipline in the community and recommended that the government should formulate policy and law governing informal land dispute settlement mechanisms on family land ownership to be accommodated in the local system to facilitate quickly land matters rather than depending on western system.
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Nur Hidayah, Rahmatika, and Akhmad Gunarto. "Notary Role in the Implementation of The Cooperation Agreement Between Housing Developers and Land Owner." Jurnal Akta 6, no. 2 (August 16, 2019): 283. http://dx.doi.org/10.30659/akta.v6i2.5031.
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Housing development cooperation between housing developers and owners of land to do to overcome the limitations of the amount of land and pressing capital needs. Generally in this cooperation landowners who provide land, while housing developers set aside, build housing and market it. But such cooperation is prone to risks for both sides, which could lead to disputes or disputes. Notary public officials in law is expected to help prevent the occurrence of the dispute or the dispute. Therefore, the authors are interested in conducting research on the issue, with the aim to determine the role of the Notary in the implementation of the cooperation agreement between the developer residential housing development and land owners. The study was conducted through library research using descriptive method by collecting data, collate, analyze and interpret. In conclusion, as follows: First, the legality of which is clean and clear (CnC) is a very important factor in running the housing business. Second, the need for good faith from housing developers and landowners in implementing the cooperation agreement. Third, the Notary's role is very important in helping to prevent the risk of dispute or disputes by providing legal counseling and make a deed of agreement to provide legal certainty for housing developers and landowners.Keywords: Notary Role; Cooperation Agreement; Developer and Land Owner.
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Panjaitan, Budi Sastra. "PEMBENTUKAN PENGADILAN PERTANAHAN SEBAGAI SOLUSI PENYELESAIAN SENGKETA PERTANAHAN." Bina Hukum Lingkungan 4, no. 2 (April 26, 2020): 264. http://dx.doi.org/10.24970/bhl.v4i2.130.
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ABSTRAKSengketa pertanahan tetap akan ada ketika para pihak telah memposisikan tanah sebagai faktor produksi yang utama ditambah kemudian tumpang tindihnya peraturan yang berhubungan dengan pertanahan dan sumber daya alam. Sengketa pertanahan dapat melahirkan anarkisme yang tidak jarang menimbulkan berbagai bentuk pelanggaran hak-hak asasi manusia. Pendekatan penelitian yang digunakan adalah penelitian hukum normatif, dengan kesimpulan sebagai berikut: Badan peradilan yang ada telah dipandang tidak lagi sederhana, cepat dan biaya ringan. Pengadilan pertanahan merupakan solusi guna mengatasi kebuntuan dalam penyelesaian sengketa pertanahan, pengadilan pertanahan tidak hanya sekedar formalistik-legalistik dalam mewujudkan keadilan. Keberadaan pengadilan pertanahan dibutuhkan dalam rangka terwujudnya penyelesaian sengketa pertanahan secara cepat, sistematis, sederhana, berkeadilan dan biaya ringan.Kata kunci: sengketa; pertanahan; perngadilan pertanahan.ABSTRACTLand disputes will still arise when the parties have positioned land as the main factor of production plus overlapping regulations relating to land and natural resources. Land disputes can give rise to anarchism which often results in various forms of violations of human rights. The research approach used is normative legal research, with the following conclusions: Existing judicial bodies are no longer considered simple, fast and low cost. Land court is a solution to overcome impasse in the resolution of land disputes, land court is not just formalistic-legalistic in realizing justice. The existence of a land court is needed in order to realize a land dispute resolution that is fast, systematic, simple, fair and low cost.Keywords: dispute; land; land court.
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Laturette, Adonia Ivonne. "Penyelesaian Sengketa Hak Ulayat pada Kawasan Hutan." SASI 27, no. 1 (April 13, 2021): 102. http://dx.doi.org/10.47268/sasi.v27i1.504.
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Customary law communities are one of the legal subjects of the state that are recognized in statutory regulations. Customary law communities have a multidimensional relationship with customary rights, not just an economic resource, but an integral part of the overall life of the customary law community. This research aims to study and analyze the settlement of disputes by indigenous peoples over land exploitation which is customary rights in the Forest Zone. The research method used in this research is normative juridical research, namely the method of doctrinal law research by examining and examining the provisions of the applicable laws and regulations as a basis for later analyzing the problems being studied. Based on the results of the research that the importance of the role of land in human life, land becomes an object that is prone to disputes or disputes between humans, this happens because human needs for land are increasing, land can cause disturbances and involve the community at large, so it is demanded to handle it appropriately. The parties involved and authorized to deal with the issue of customary rights in the forest area of indigenous peoples, resolve it in various ways. The method of dispute resolution that has been taken so far is through court (litigation). Over time, dispute resolution through deliberation is increasingly being carried out. Land disputes, which are more related to issues of interest or interest of the parties, are relatively easier to resolve through deliberation as long as both parties are open to each other and want the best solution for all parties.
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Benarrivo, Renaldo, and Nala Nourma Nastiti. "DIPLOMACY AND DEFENSE SPATIAL PLANNING." Jurnal Dinamika Global 5, no. 02 (December 10, 2020): 171–88. http://dx.doi.org/10.36859/jdg.v5i02.236.
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The border issue is one of the important aspects related to the main elements for the establishment of a state. From a defense point of view, the unclear physical and juridical boundaries of the territory will make it even more difficult to carry out border security. Therefore, efforts are needed to resolve land border disputes. The relationship between Indonesia and Timor Leste was marked by land border disputes following Timor Leste, which became a sovereign state. Diplomacy needs to be carried out by the two states, especially for Indonesia to support the ideal defense spatial arrangement. This paper analyzes the relationship between diplomacy and defense spatial planning by taking lessons from the settlement of land border disputes between Indonesia and Timor Leste.
Keywords: Defense diplomacy, military diplomacy, border dispute.
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Kusuma, Kusuma, and Achmad Sulchan. "Legal Assurance Analysis in Disputes Settlement of Rights Transfer to Land Due to Waqf." Sultan Agung Notary Law Review 3, no. 2 (August 4, 2021): 590. http://dx.doi.org/10.30659/sanlar.3.2.470-483.
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The purpose of this research is to find out and analyze: 1). Implementation of the registration of the transfer of ownership of land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency. 2). Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf. 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf in Madiun Regency. The approach method in this research is empirical juridical, namely research that focuses on individual or community behavior in relation to the law. The data used are primary and secondary data obtained through interviews and literature study, while the data analysis method is done by qualitative descriptive analysis. The results of the research concluded: 1) Implementation of the registration of transfer of ownership rights to land due to waqf based on Ministerial Regulation no. 2 of 2017 in Madiun Regency, namely for land that has not been certified, the documents are equipped such as the Waqf Pledge Deed, photocopy of ID card/KK, photocopy of ID card/right owner identity, certificate of land history, statement of physical possession, power of attorney for application, photocopy of land and building tax, proof of title/proof of ownership, certificate of non-dispute and letter of approval of Nadzir, while for land registration that has been certified, the completeness of the documents required is the Deed of Waqf Pledge, certificate of land rights, photocopy of the applicant's ID card/KK Photocopy of the right owner's ID card/KK, application letter, statement of waqf grace period, Nazhir approval letter, statement of non-disputed land, a statement that the land/building is physically controlled, and proof of SSP/PPH. 2) Obstacles and solutions in the process of registering the transfer of ownership rights to land due to waqf in Madiun Regency, namely there are still some people who are still reluctant to take care of waqf land certificates, because of the assumption that the waqf land certification process requires very expensive costs, the solution made by the government is to carry out socialization and outreach activities to the community 3). Legal certainty in the settlement of disputes over the transfer of land due to waqf is based in Madiun Regency, namely if there is a dispute regarding the property that has been waqf, then the lawsuit is submitted to the competent Religious Court. However, the law allows the settlement of waqf disputes to be settled out of court, as described in Article 62 of Act No. 41 of 2004 concerning Waqf by prioritizing settlement through deliberation.
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Rognes, J⊘rn, and Per Ka˚re Sky. "Intervention methods in land disputes." European Planning Studies 11, no. 8 (December 2003): 965–78. http://dx.doi.org/10.1080/0965431032000146150.
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Wicaksono, Agung. "The Problematic of Waqf Representatives and The Settlement of Disputes." Jurnal Akta 7, no. 4 (December 25, 2020): 329. http://dx.doi.org/10.30659/akta.v7i4.12891.
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The problems in this research are how the problems of Waqf that often occur, the settlement of Waqf land disputes that are asked for back by the heirs, the obstacles faced in resolving the Waqf land disputes that are asked back by the heirs at the Semarang Religious Court. Based on the results of the research, it was found that the Waqf dispute that arose was triggered by, among others, the denial of the Waqf pledge, the desire to withdraw the assets that had been donated. Waqf dispute resolution is pursued in several stages which are carried out stratifically, namely deliberation, mediation, arbitration and the High Religious Court. The obstacle in the process of resolving Waqf disputes is the absence of orderly administration in the practice of Waqf, especially based on authentic evidence such as Waqf pledges and evidence of records at the local KUA District.
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Nofrizal, Rahmat, Husni Jalil, and Muhammad Saleh. "Kedudukan Dinas Pertanahan Aceh Dalam Penyelesaian Sengketa Pertanahan Pasca Perpres Nomor 23 Tahun 2015." Syiah Kuala Law Journal 3, no. 3 (December 30, 2019): 395–416. http://dx.doi.org/10.24815/sklj.v3i3.12524.
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Pada tahun 2016, Pemerintah Aceh membentuk Dinas Pertanahan Aceh yang kewenangannya mengurusi di bidang pelayanan pertanahan. Salah satu kewenangannya adalah dalam hal penyelesaian sengketa pertanahan. Pada Kenyataannya, Badan Pertanahan Nasional (BPN) juga memiliki kewenangan dalam penyelesaian sengketa pertanahan di Aceh. Terdapat tumpang tindih kewenangan dua lembaga negara dalam hal penyelesaian sengketa pertanahan di Aceh. Penelitian ini bertujuan untuk mengetahui kedudukan Dinas Pertanahan Aceh dalam penyelesaian sengketa pertanahan pasca Perpres Nomor 23 Tahun 2015. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penilitian menunjukkan bahwa kedudukan Dinas Pertanahan Aceh memiliki peranan penting dalam penyelesaian sengketa pertanahan yang terjadi di Aceh. Lahirnya Dinas Pertanahan Aceh dapat mempermudah akses masyarakat dalam hal penyelesaian konflik tanah. Disarankan DPR Aceh bersama Gubernur Aceh perlu mempercepat proses pengesahan draf Qanun Pertanahan Aceh sebagai payung hukum bagi Dinas Pertanahan Aceh dalam mengoptimalkan peran dan fungsinya terkait penyelesaian sengketa pertanahan di Aceh.In 2016, the Aceh Government formed the Regional Land Office of Aceh whose authority held government affairs in land services. One of the authorities of the Regional Land Office of Aceh is in terms of land dispute resolution and conflict. The National Land Agency (BPN) also has authority in resolving land disputes in Aceh. There are overlaps in the authority of two state institutions regarding resolving land disputes in Aceh. This study aims to determine the position of the Regional Land Office of Aceh in settlement of land disputes after the issuance of the Presidential Regulation Number 23 of 2015. This study uses a normative juridical research method. The research results show that the position of the Regional Land Office of Aceh has a significant role in resolving land disputes that occurred in Aceh. The establishment of The Regional Land Office of Aceh can facilitate public access in terms of resolving land conflicts. It is suggested that the Aceh House Representative together with the Governor of Aceh need to accelerate the process of ratifying the draft of Qanun (Islamic bylaw) of Aceh Land as a strong legal standard for the Regional Land Office of Aceh in optimizing its roles and functions related to land dispute resolution in Aceh.
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Gangga Santi Dewi, I. Gusti Ayu. "SENGKETA TANAH EKS KERAJAAN DI KOTAWARINGIN BARAT PROVINSI KALIMANTAN TENGAH." Masalah-Masalah Hukum 48, no. 1 (January 30, 2019): 25. http://dx.doi.org/10.14710/mmh.48.1.2019.25-31.
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Conflicts that ended in court disputes often occurred in the former Kotaringin Kingdom related to the former kingdom lands. Phenomenon of substantive injustice related to former kingdom land policy in the Dictum Fourth letter A UUPA which abolishes former kingdom land and shifts to the State, is an injustice felt by former kingdom parties. Research with the Socio Legal approach with social science methods and theories about law. This research was focused on looking at the facts of the conflict that ended in court disputes and the solution to prevent the disputes of former kingdom land in Kotawaringin Barat.
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Kartiwi, Mulia. "PERAN PEJABAT PEMBUAT AKTA TANAH DALAM MEMINIMALISIR SENGKETA TANAH." Res Nullius Law Journal 2, no. 1 (March 16, 2020): 35–47. http://dx.doi.org/10.34010/rnlj.v2i1.2888.
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Until this day land disputes in Indonesia still occur, although goverment has issued regulation for land registration that aims to create legal certainty for occupied land subject and object. This study is a descriptive analysis wish normative juridical approach that aims to find out and analyze the causal factor the land disputes and to determince the role of PPAT in minimizing land disputes. Result showed that the causal factor of land dispute is the unavailability of authentic certificate that prove the ownership of the land right, so that they are easily intervened. Futhermore, the role of PPAT is very important in land registration because the product can be used as basis for issuance of land certificate as a strong evidence. For that reason PPAT must carry out its duties with cautious and professional to avoid mistake that can cause losses
Keywords : Role, PPAT, Minimizing, Land Dispute
Saat ini sengketa tanah di Indonesia masih terjadi, walaupun pemerintah telah menerbitkan aturan tentang pendaftaran tanah yang bertujuan menciptakan kepastian hukum akan subjek dan objek tanah yang dikuasai.Penelitian ini bersifat deskriptif analisis dengan metode pendekatan yuridis normatif yangbertujuan untuk mengetahui dan menganalisa faktor-faktor penyebab sengketa tanah dan mengetahui peran PPAT dalam meminimalisir sengketa tanah. Dari hasil penelitian dapat disimpulkan bahwa penyebab sengketa pertanahan diantaranya ketidaktersediaan akta otentik yang membuktikan kepemilikan hak tanah, sehingga mudah diintervensi oleh pihak lain. Selanjutnya Peran PPAT sangat penting dalam pendaftaran tanah, karena produknya dijadikan dasar untuk penerbitan sertifikat tanah sebagai alat bukti yang kuat.Untuk itu PPAT dalam melaksanakan tugasnya agar berhati-hati dan professional guna menghindari kekeliruan yang dapat menyebabkan kerugian.
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Butyrin, A. Yu, O. V. Zhukova, and E. B. Stativa. "Typical Forensic Situations Arising When Considering Land Disputes." Theory and Practice of Forensic Science 14, no. 4 (January 8, 2020): 19–31. http://dx.doi.org/10.30764/1819-2785-2019-14-4-19-31.
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The article presents a detailed examination of typical forensic situations requiring various specialized knowledge for their resolution, primarily in the field of land management. The first of them stems from land disputes over the location, configuration and area of land, as well as real estate related to it. The article presents a list of issues to be resolved by a forensic land surveyor who should have specialized knowledge in the fields of land management, cadastre and registration of real estate as well as from related fields. The second situation is due to the conflicts related to the right of shared ownership on land, dwellings and household constructions located at the premises. Forensic research of this type is presented in stages. It is noted that in this situation both specialized land management and engineering knowledge is applied, which allows to define the type and kind of buildings located on the land in question, the degree of their physical wear and tear, the size of premises as well as other technical characteristics which collectively enable an expert to say whether it is possible to actually split the disputed house and grounds, to consider its options and present them graphically. The third forensic situation is aimed at reviewing the question of whether the building under study is an obstacle to the use of the land (unauthorized construction). A judge’s and expert’s purview in resolving such issues is defined. Particular attention is paid to field observations including search, detection, fixation and evaluation of the characteristics of the construction site located on the land plot. The fourth situation involves disputes over the cadastral value of land plots engaging both a forensic expert and an appraiser. It is shown that although both determine the value of the disputed property their activity differs significantly.
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Chigara, Ben. "The Contest for Labels in the Southern African Development Community (SADC) Land Issue." Nordic Journal of International Law 72, no. 3 (2003): 369–97. http://dx.doi.org/10.1163/157181003771013807.
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AbstractThis article applies victimology and human rights theories to examine the moral and legal basis of the contest for 'labels' that accompanies land disputes. It seeks to discover and evaluate the significance of the dynamics of this contest and their probable impact on the resolution of land disputes. More importantly, it seeks to determine the value of this contest to any strategy that consciously may be preferred to resolve land disputes. It argues that conceptions of victimology that do not incorporate in their analyses the mischief sought to be cured in land disputes are not particularly helpful in the effort to discover efficient models for the resolution of land disputes. It dispels the view that monopolisation of disputes that are inherently human rights in their nature is imperative for resolution of apparently 'local problems' and recommends protection of the inherent dignity of all stakeholders in land disputes as the primary basis for resolution of land disputes.
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Osseo-Asare, Abena Dove. "‘Atomic lands’: Understanding land disputes near Ghana's nuclear reactor." African Affairs 115, no. 460 (June 26, 2016): 443–65. http://dx.doi.org/10.1093/afraf/adw021.
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Munsarif, Muhammad. "Analisis Legalitas Tanah Wakaf Muhammadiyah Jawa Tengah dengan menggunakan Algoritma ID3." Elkom : Jurnal Elektronika dan Komputer 13, no. 1 (April 17, 2020): 1–7. http://dx.doi.org/10.51903/elkom.v13i1.134.
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Waqf information system In April 2020 shows the number of waqf land in Indonesia has an area of 51,259.84 Ha. More waqf received in the form of land creates a problem of disputes and disputes that lead to legal cases Muhammadiyah is the second-largest Islamic organization that has assets in the form of waqf land that has not been able to resolve existing problems. In this study, an analysis of legal potential and waqf land disputes is used using ID3 Algorithm to classify potential land disputes based on the status of the land deed, owner's name, location of waqf and its use so that it can produce data on the ownership rights of waqf land which has the potential for legal disputes and no legal disputes. research shows that potential legal problems are still present. The ID3 algorithm is able to produce information as a basis for reducing disputes and the loss of waqf land.
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Made Emy Andayani Citra and I Made Sudirga. "EKSISTENSI PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) DALAM MENCEGAH TERBITNYA SERTIPIKAT GANDA DI KANTOR PERTANAHAN KOTA DENPASAR." Jurnal Hukum Saraswati (JHS) 2, no. 1 (March 1, 2020): 1–15. http://dx.doi.org/10.36733/jhshs.v2i1.994.
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Land is a very important thing for human survival, this is important because land is usually used to build buildings on it such as buildings, offices, housing and others. Land is important because it is used as a source of livelihood, which is land used as agriculture, animal husbandry, plantations and others. As the population grows, the need for land for residential needs and development needs is increasing, while the area of land is relatively fixed. Although land has many benefits, land can also trigger disputes between people and others, because every human being wants to control the land owned by someone else due to the natural resources contained therein, or because of the value that can be generated from the land.With the increasing number of disputes that occur due to the land, there needs to be a breakthrough in handling it, so that with the issuance of the Systematic Complete Land Registration (PTSL) program it is very feasible to do to at least minimize the land dispute.
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Moges, Melkamu Belachew. "Achievements and Gaps in the Application of the Land Registration System in ANRS: The Case of West Gojjam Zone." Mizan Law Review 14, no. 1 (September 30, 2020): 31–60. http://dx.doi.org/10.4314/mlr.v14i1.2.
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Land registration system has been put in place in the rural areas of Amhara National Regional State (ANRS) since 2002. The courts in the regional state decide on land disputes based on land information obtained from the land administration offices. These offices are expected to supply the information available at the land registration system. However, land administration and use offices often get the information directly from the public on an individual case basis following order from a court. This is mainly attributable to the low level of using the land registration system in the region by the land administration offices and legal professionals. The land registration system is not used to its maximum potential to alleviate the problem of land dispute. A case study approach is used in this article, and five rural woredas were purposively chosen because of high prevalence of land disputes. Questionnaires, focus group discussions (FGDs) and court cases are used. The research indicates the need for a strong institutional and regulatory mechanism of land management in ANRS.
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Zuhri, Lahmuddin, and Endra Syaifuddin. "NILAI LOKAL SEBAGAI MODEL MEDIASI PERDATA DI INDONESIA." Veritas et Justitia 3, no. 1 (June 3, 2017): 22. http://dx.doi.org/10.25123/vej.2523.
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<p><em>Indonesian society in general does not view land only as economic capital, but perceive the value of land more from a cultural-ecological religious perspective. How land is valued from this perspective and the way it influences method of land dispute settlements at the local level may be used to develop alternate models of land dispute settlement at the national level. A legal anthropological approach is used here to examine mediation as the basic approach to settle land disputes. The main argument here is that mediation, which put forth local wisdom, consensus building with full society participation, should be prioritized in developing alternate methods of land dispute settlements.</em></p>
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Matuankotta, Jenny Kristiana, and Mahrita Aprilya Lakburlawal. "Penyuluhan Hukum Tentang Upaya Penyelesaian Sengketa Hak Milik Atas Tanah." AIWADTHU: Jurnal Pengabdian Hukum 2, no. 1 (March 31, 2022): 42. http://dx.doi.org/10.47268/aiwadthu.v2i1.883.
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Introduction: The general public's lack of knowledge about the importance of land registration, as well as land registration procedures, especially land ownership rights, causes conflicts between residents in the community. When a dispute occurs, the community's lack of understanding of the dispute resolution procedure, either through litigation or non-litigation, causes the community to tend to be reluctant to fight for their land rights.Purposes of Devotion: To provide knowledge about Efforts to resolve disputes over land ownership rights that can be pursued through litigation or judicial institutions or non-litigation channels along with their advantages and disadvantages, with the hope that people who are in dispute regarding land ownership rights can take the right path. in an attempt to resolve it. Method of Devotion: Legal counseling is carried out using a panel discussion method where the presenters first present the material in turns, followed by a questions and answers session between the community and the presenters.Results of the Devotion: Ward Benteng especially in RT 002/RW 006 is one of the areas in Ambon City which is quite dense so there tends to be a dispute over land ownership rights among its citizens, especially related to the typology of disputes, namely control without rights where there are residents who occupy land belonging to them. other residents with the permission of the owner who then secretly took care of the registration of the land without the owner knowing, while the owner himself had not yet registered the ownership of the right due to lack of knowledge about land registration, the community's lack of understanding of legal remedies that can be taken when a land dispute occurs causes landowners to lose their rights to land.
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Sari, Dewi Arnita. "Sengketa Pendaftaran Hak Milik Atas Tanah." Al-Adalah: Jurnal Hukum dan Politik Islam 5, no. 2 (July 19, 2020): 138–55. http://dx.doi.org/10.35673/ajmpi.v5i2.816.
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This journal aims to find about Ownership disputes land rights Related to land registration in Makassar city. The purpose of this study is : 1. to analyze the factors affecting the dispute over ownership of land that has been registered in Makassar. 2. to analyze how far the solutions are provided by the government in resolving ownership of land that has been registered.This research is descriptive research with empirical juridical approach method. Research method used is method by using primary and secondary data with data collecting technique that are interview and questionnaire. The population of this study are the employee office of the state land agency Makassar and public figure. Sample in this research is 30 respondents by using technique purposive sampling.The results of this study shownthat : (1). the factors affecting the dispute over ownership of land are Legal factors, law enforcement factors, facilities and infrastructure factors. (2). There are two solutions are provided by the government in resolving ownership of land, that was The national land agency facilitates to do mediation and Solutions through the judiciary, negotiations, and others Depending on the perpetrators leading in the direction of a good solution to them. Recommendation of this research is Government is expectedPlay an active role So that people did not have problems in dispute signs in the future, that is Increased administration to be more thorough in making land certificates In order to minimize the dispute. Developing the training in order to increase human resource of law enforcer, socialization to public can be held in great quantities and all of reinforced facility supplying so that all of factor whom can influence presence of proprietary right dispute for estate can be minimalized.Keyword : Ownership disputes land rights, land registration