Lalu Hartadi, Dr. H. M. Arba, SH.,M.Hum, Dr. Sahnan, SH, M.Hum

Abstract:

There are still many cases in the field of land indicating that the lack of implementation of the principle of specialism and publicity in the registration of land rights. This study aims to analyze the application of the principle of specialism and publicity in the registration of land rights in the Land Office of West Lombok regency. The theory used is the theory of legal certainty. The type of this research is empirical law research. The approach method used is Legislative approach, Concept Approach, and Sociological Approach (sociolegal). Types and data sources used are Primary Data and Secondary Data. Data collection techniques in this study were conducted through documentation and interview study, analyzed using Descriptive Qualitative Analysis. Based on the research result that the application of the principle of specialization and publicity in the registration of land rights in the Land Office of West Lombok Regency has not been fully implemented in accordance with Government Regulation No 24/1997 and Regulation of the Minister of Agrarian Affairs / Head of National Land Agency No. 3/1997, this can be seen from disputes and land affairs both settled through mediation at the West Lombok Land Office and the lawsuit filed by the people of West Lombok to the District Court as well as to the State Administrative Court.

Keywords: the Specialty of specialism and publicity, land

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Nuranisatun, Minollah, RR. Cahyowati

Abstract:

The purpose of this study is to understand the position of compilation of Islamic law in the form of Presidential Instruction in order of law in Indonesia, understand the application of compilation of Islamic law and obstacles in its application. The purposes of this research are: Understanding the position of Compilation of Islamic Law and application of Compilation of Islamic Law and know the obstacles in its application and the solution. By conducting Normative research using legal and conceptual approach, it can be concluded that in the form of Presidential Instruction in the order of law in Indonesia Understanding the application of Compilation of Islamic Law is a material law as the basis of decision in Mataram Religious Court Understanding the legal obstacles in the application of Compilation of Islamic Law and how the solution.

Keywords: presidential instruction, religious court, compilation of Islamic law

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Ketut Satria Widasmara, Zainal Asikin,  RR.Cahyowati

Abstract:

Globalization of the world, making the borders of the country more accessible and impenetrable, technology and transportation make it easier for people to enter and exit a territory of the country, including elderly foreign tourists. State through Law no. 6 Year 2011 on Immigration gives the authority to the immigration authorities to conduct supervision on foreigners who will enter or live in the Territory of Indonesia. The formulation of the problem: how the arrangement of overseas supervision of permanent resident holders of permanent residence, and the prosecution of abuses of permanent residence permit by an elderly foreigner. The purpose of this paper is to know, examine, and analyze the regulation and supervision of elderly foreigners, and the abuse of residence permit by elderly foreigners. Research method, the type of research is normative research, with the approach of legislation, conceptual, and approach cases, legal materials used researches are: primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is done through documentation study; the legal material that has been collected is analyzed qualitatively, profoundly, holistically and comprehensively. Conclusion: a. Regulation of supervision of foreigner permanent resident permit, regulated in Act No. 6 of 2011, PP No.31 of 2013, and Regulation of Minister of Law and Human Rights Republic of Indonesia No.4 Year 2017 specially related to field supervision on existence and the activities of foreigners in the Territory of Indonesia, the normative formulation is vague, but the immigration apparatus controls the foreigners in accordance with the authority it possesses: oversight of foreigners with the Foreigner Oversight Team, in cooperation with the owner or the board of residence regarding the data of foreigners residence in the inn, and in the framework of protecting the national interest, b. The action against the abuse of permanent residency by an elderly foreigner, in the form of pro justice (judicial) action, and administrative measures of deportation and detention. Romolo Leonessa’s case holds an Elderly Stay Permit Card (ITAP), abusing her residence permit for business, so that the complainant fulfills the element of article 122 letter a of Act No. 6 Year 2011, but the proof is difficult because immigration apparatus cannot fulfill the prosecutor’s demand to do confiscation of Romolo Leonessa’s assets in the form of land, so the Letter of Notice of Termination of Inquiry (SP3) issued by the Head of Immigration Office of Mataram, then Romolo Leonessa in deportation.

Keywords:

supervision of an elderly foreigner, permanent residence permit

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Ni Nengah Sugihartini, H. M. Arba, H. M. Galang Asmara

Abstract:

The purpose of this study is to know and analyze the arrangement of replacement and cancellation of land title certificate based on positive law, the legal effect for the parties from cancellation of replacement certificate by PTUN pursuant to PTUN Decision No.16/G/2011/PTUN.MTR. and to find out the legal procedures for the issuance of new land title certificates after the verdict of cancellation of the rights on the old certificate by the Administrative Court. This research used the investigation of the normative. Legal research by using the statute approach, conceptual approach, and case study. Based on the result of the research: (1) The replacement of the certificate is Government Regulation Number 24 of 1997 concerning Land Registration and The Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 3 of 1997 concerning Provisions on the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The cancellation of land title certificate is the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 9 of 1999 and the regulated based on the Regulation of the Minister of Agrarian Affairs and Spatial / Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 on the Settlement of Land Cases; (2) The legal consequences for the parties in the cancellation of a replacement certificate under the decision of PTUN No.16/G/2011/PTUN.MTR. which has obtained a permanent legal force is that the Substitute Land title certificates issued by the National Land Agency are canceled and annihilated; (3) Procedures for the issuance of new land title certificates after the verdict of the cancellation of the right on the old certificate by the Administrative Court shall be made by applying for the cancellation of the land title certificate to the National Land Agency after the land title certificate has been declared canceled and then issuance of the new land title certificate.

Keywords: decisions, cancellations, certificates, substitutes

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Nanik Rukmana, Muhaimin, Hj. Rodliyah

Abstract:

The purpose of this study is to examine and analyze the provisions of the cancellation of grants under Islamic law, due to the law on the grant property petitioned for cancellation through decision No.146/PDT.G/2012 and the verdict No.146/PDT.G/2012/PA.Sel. Has been in accordance with the provisions of Islamic Law in Indonesia. This type of legal research is normative legal research. The methods used are Legislation approach, conceptual approach and case approach. Based on the result of the research: (1) The provision of grant cancellation based on the law, if grant awarding exceeds 1/3 of the grant property in accordance with Article 210 paragraph (1) Compilation of Islamic Law; (2) The legal consequences of the grant property petitioned for cancellation through the article number: 146 / PDT.G / 2012 / PA.Sel. To the parties that is the property of the grant being applied for a revocation to the grantor. While the third party is the grant property must be returned to the heir to be calculated first; (3) The Decision of the Selong Religious Court Judge by Number: 146 / PDT.G / 2012 is in accordance with the provisions of applicable Islamic law, where the grantor grants all of his wealth so that it exceeds one-third of the section in accordance with verdict 210 of the Compilation of Islamic Law.

Keywords: verdict, cancellation, grant

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Nukman

Abstract:

The purpose of this study is to analyze and answer the problems concerning the implementation of the right of notary obligation in relation to its obligation to conceal the contents of the act and the legal consequences for the Notary who does not exercise the right of disbelief. This study is a normative legal research that departs from the gap of norms. The result of the research shows that First, the implementation of the right of notary obligation related to the obligation to conceal the contents of the act is based on the provisions of the Notary Law and must uphold the oath of office, in practice sometimes the Notary discloses his / her position if called by the investigator, prosecutor or judge. Second, due to the law of a Notary who does not execute the secrets of Notary, where Notary may be subject to Article 322 paragraph (1) paragraph (2) of the Criminal Code, concerning the dismantling of secrets.

Keywords: running notary, purchase, notary public

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