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Journal of Law, Policy and Globalization
Urgency of Legal Substance of Land Affair in Indonesia2016 •
Article 28H (4) of the Constitution of l945 (hereinafter abbreviated UUD 1945) stipulates that "each person has the right to own private property and such ownership shall not be appropriated arbitrarily by whomsoever". Referring and paying attention to the meaning and content of Article 28H, it can be understood that the right belongs to someone actually recognized and protected by law... The essence of the relationship between the land and human beings associated with two (2) major interests; firstly, the interests of human beings as a part of the elements of state; and secondly, the interests of the state as part of the benefit of human life. Keywords : legal substance, Indonesia land.
2013 •
As part of the global economic activity growth, a great number of companies have expanded their business to include operations and offices in foreign countries. For the purpose of maintaining close supervision of the management of foreign business activities, many companies open a representative office in other countries. With the emergence of foreign investment and business in Indonesia, many foreign investors need land for buildings for their company. However, Indonesian Land Law is quite different to the laws that are applicable in most other countries. The Law Number 5 of 1960 and its numerous implementing regulations are the basic law applicable in Indonesia onrights over land ownership. The Basic Agrarian Law specifies several types of land rights, all of which offer the right to utilize the land concerned. Differences exist in duration of validity, nature of utilization, possibility to mortgage and proof in title. Only Indonesian citizens are allowed to own land in Indonesia ...
Academic Journal of Interdisciplinary Studies
Legal Arrangements and Implementation of State Ownership Rights Over Land in Indonesian ConstitutionThe lack of clarity and firmness in Indonesian Basic Agrarian Law (BAL) in explaining the meaning and substance of state ownership rights to land based on the nation's view of life and its implementation based on the concept of a rule of law based on the principle of people's sovereignty is a fundamental and urgent matter. This study used a normative research method of the explanatory-analytical type with a normative, comparative and historical juridical approach, while the data analysis was carried out qualitatively. The results of this study include: first, the original state tenure rights over land imply the demands of community rights and obligations regarding the use of land rights for the welfare of the people. Second, the implementation of the meaning and substance of state tenure rights over land has not been fully reflected in statutory regulations so that state administrators (executives) experience difficulties in carrying out these functions of authority. Third, ...
International Journal of Criminology and Sociology
Legal Protection of Land Tenure by Foreign Investors through Nominee Agreement in Bali, Indonesia2021 •
This paper aims to describe legal protection as the provision of legal certainty to every citizen, individual or legal entity, to fight for and/or defend their rights and obligations by law enforcement officers and/or authorized officials in a certain place. More specifically, the analysis was conducted by using the socio-legal approach to examine the legal protection of land tenure by foreign investors through the nominee agreement in Bali, Indonesia. Moreover, the method was also done by using a normative approach through the analysis of legal matters in Indonesian laws. The legal basis is regulated in the basic constitutional provisions of the 1945 Constitution of the Republic of Indonesia, the Criminal Code, the Civil Code, the Basic Agrarian Law, the Environmental Act, Tourism Act, Investment Act, Government Regulation No. 41 of 1996 concerning ownership of residential houses or dwellings by foreigners domiciled in Indonesia. The results showed that there is no exception to foreign investors who contribute to the community also get legal protection. To carry out these investment activities requires land that is sometimes controlled by using nominee. The nominee is someone who acts for and on behalf of another party as the endorsee/guardian, agent/representative of the nominee/simulation/fake agreement. Sociological outlook showed that the sociological basis of Balinese society consists of a spiritual community that upholds local culture because many foreign citizens visit and reside because they want to take a vacation to visit the tourist area and find work in Bali, especially working in the field of tourism services and other fields of work that revive the community in Bali
Tadulako Law Review
The Legal Problems of Land Law Toward Investment Era in Indonesia2018 •
The development of the Indonesian nation needs assistance from abroad, through the mechanism of investment, and in the context of investment in Indonesia providing facilities in the field of import duties, and land use permits. The ease of granting permits to use the land is often an obstacle, because there is a clash between the community and large companies, the government and other agencies. To avoid such conflicts, the road taken is to build awareness of all stakeholders, especially government officials and security forces. the people who own / control their land are only intended to connect their lives. Meanwhile, government officials and security forces and law enforcement officials realized that "humanity is very valuable above all. Thus the method used is three approaches (i) type of research, which are related to the type of normative research; (ii) problem approach, using, namely: (a) conceptual approach; (b) the law approach. This approach will be used as a means to ...
SIGn Jurnal Hukum
The Legality of Grants by Foreign Citizens on Land Objects in Indonesia: Case Studies of Court DecisionsThis study aims to examine and analyze the legality of granting by Singaporean citizens to Indonesian citizens before the Notary Public of Singapore on land objects located in the territory of Indonesia based on Decision No. 912/Pdt.G/2018/PA.Jmb. In addition, this study further analyzes the laws and regulations that should apply in handling grants case based on international civil law. This research was conducted using a normative juridical approach with analytical descriptive specifications. The literature study was used to obtain the legal materials needed in this research. The collected legal material is then analyzed using qualitative data analysis methods with a statute and case approach. The results show that the legality of granting the object of land wills in Indonesia from former Indonesian citizens who have become foreign citizens to Indonesian citizens based on Decision No. 912/Pdt.G/2018/PA.Jmb is invalid and void by law. This case is contrary to Article 21 section (3) ...
Environmental Policy and Law
Legal Aspects of Land Purchase/Sale Disputes in Indonesia2018 •
The sale and purchase of land is a mutual obligation – both parties must be bound. As to each commitment in such a purchase, one side obtains and asserts a right, and the other fulfils an obligation. Between these rights and obligations there is an economic value, and a legal status. Therefore, the operation of an agreement cannot always do anything that is desired by the parties, but is bound by the law. The process of buying and selling land may cause a dispute in cases involving differences in the values, interests and opinions of the individuals or legal entities involved, and divergent perceptions concerning the status of the land tenure, and/or the ownership and utilisation of relevant lands. Each party’s attempt to implement the agreement on the basis of imprecisely agreed rights and obligations will eventually lead to a dispute.
Jurnal Bisnis dan Akuntansi
Regulations on the ownership of land and buildings in IndonesiaBefore applicable Agrarian Law no. 5/1960, Indonesia apply two legal system in trouble land, namely based on Adat Law (Hukum Adat) and Civil Code (KUH Perdata). After applicable the Agrarian Law, Civil Code books part II still remain in force to the extent of land ownership as a motionless object (benda tak bergerak). Status of land ownership are divided into : property rights/Hak Milik (article 20 Agrarian Law), Hak Guna Usaha (article 28 Agrarian Law), Hak Guna Bangunan (article 35 Agrarian Law) and Hak Pakai (article 41 Agrarian Law). On article 19 Agrarian Law, explained that registration of land held by the Government of the Republic of Indonesia through the national land Agency and the task execution registration is done by the Head Office of the land in these areas, where the land registry implementation conducted by the head of Office assisted by land deed official (Pejabat Pembuat Akta Tanah/PPAT) and other officials who are assigned to perform a particular activity. Accord...
International Journal of Law Reconstruction
The Legal Philosophy and Justice Values in the Acquisition of Land Rights in Indonesia: A Normative Legal ResearchThis study aims to describe the authority to control land by the state in various legal and regulatory arrangements from the Basic Agrarian Law, constitution, and other derivative regulations. The object of this study is the various types of land rights that are stated in the various legal arrangements. The method used in this research is normative legal studies that examine legal products with a statutory approach. The findings describe that the 1945 Constitution and the regulations under it regulate how to obtain land rights in order to fulfill the nature and elements of the law. Some of the main things regulated in the legislation are in order to balance the public interest and the sustainability of the national economy. The findings have theoretical implications for regulatory arrangements on aspects that have not been regulated by law. The findings of this study underscore the importance of synchronizing land arrangements at the national level, as well as suggesting harmonizati...
Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)
Land Rights Ownership by Foreign Citizens through Nominee Agreement in Tourism Investment in Bali2018 •
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