KONFLIK PENGUASAAN TANAH PERKEBUNAN

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural

THE MANAGEMENT POLICY OF STATE LANDS AS AFORMER OFRIGHT TO CULTIVATEIN REJANG LEBONG REGENCY

Penelitian ini mengangkat permasalahan berkaitan dengan pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong.This research raises the issues related to the management of state lands as a former of right to cultivatein Rejang Lebong Regency.Pada tahun 1988, PT.In 1988, PT.Bumi Megah Sentosa memperoleh HakGuna Usaha seluas 6.925 hektar.Bumi Megah Sentosa obtained the right to cultivatefor an area of 6,925 hectares.Proses perolehan Hak Guna Usahanya melalui pembebasan lahan masyarakat, namun PT.The process of obtaining right to cultivate is gotten through community land acquisition, but PT. Megah Bumi Sentosa tidak mampu membebaskan seluruhnya sehingga akhirnya hak guna usaha tersebut dibatalkan.Megah Bumi Sentosa was not able to free it entirely therefore the right to cultivate was canceled.Penelitian ini bertujuan untuk mengetahui dan menjelaskan tentang pengelolaan tanah negara bekas hak guna usaha di kabupaten Rejang Lebong dan hambatan yang dihadapi dalam pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong.This research aims to find out and explain the management of state lands as a former of right to cultivatein Rejang Lebong Regency and the obstacles faced in the management of state lands as a former of right to cultivate in Rejang Lebong Regency.Penelitian ini bersifat yuridis sosiologis dengan pendekatan kualitatif.This research is sociological juridical with a qualitative approach.Analisis yang digunakan dalam pengelolaan data adalah analisis kualitatif, yakni data yang diperoleh diseleksi berdasarkan kualitas dan kebenarannya sesuai relevansinya terhadap materi penelitian.The analysis used in data management is qualitative analysis, namely the data obtained is selected based on the quality and truth according to its relevance to the research material. Penelitian ini dilakukan di Kabupaten Rejang Lebong Provinsi Bengkulu.This research was conducted in the Rejang Lebong Regency of Bengkulu Province.Hasil penelitian ini menunjukkan bahwa pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebong belum maksimal oleh pemerintah daerah.The results of this research indicate that the management of state lands as a former of right to cultivate in Rejang Lebong Regency has not been maximized by the local government. Di atas tanah bekas hak guna usaha tersebut terdapat pemukiman transmigrasi yang belum ada hak pengelolaannya dan penguasaan oleh masyarakat pemilik tanah semula.On the former land ofright to cultivate, there are transmigration  settlements that have no management rights and control of the original landowner community.Hambatan dalam pengelolaan tanah negara bekas hak guna usaha di Kabupaten Rejang Lebongyaituadanya persepsi yang berbeda antara Bupati Kabupaten Rejang Lebong dengan Kantor Kementerian Agraria dan Tata Ruang/ Badan Pertanahan NasionalKabupaten Rejang Lebong.The obstacles in the management of state lands as a former of right to cultivatein  Rejang Lebong Regency were the different perceptions  between the Regent of Rejang Lebong Regency with the Office of the Ministry of Agrarian and Spatial Planning / National Land Office of RejangLebong Regency.Kajian ini menawarkan skema solusi alternatif kebijakan utamanya : Penguatan Hak Masyarakat dengan Reforma Agraria.This research offers a scheme of alternative solutions to its main policies: Strengthening Community Rights with Agrarian Reform

AGRARIAN REFORM UNDER THE REIGN OF JOKO WIDODO VIEWED FROM BASIC AGRARIAN LAW

This study raises the issue of agrarian reform draft under the reign of President Joko Widodo. Agrarian reform became a priority program in the RPJMN of 2015-2019. Based on this matter, the writer analyzes the concept of agrarian reform during the reign of Joko Widodo terms of BAL. The nature of the study was a normative research with statute approach, which was done in four ways, namely descriptive, comparative, evaluative and argumentative. The results showed that the agrarian reform draft during the reign of Joko Widodo is a concept of land stewardship and land reform. The economic system leads to a form of capitalism. It is necessary to conduct refinement of content and material of BAL implementation in order to achieve the justice and the welfare of the nation and the State. The agrarian reform program should be carried out in stages in order to obtain the desired results. It requires the will, ability and active involvement of all elements of the state

THE CONSTRAINTS OF LEGAL FACTORS IN CONTROLLING ABANDONED LAND AFTER THE ENACTMENT OF THE JOB CREATION LAW

Controlling abandoned land is a form of law enforcement in the context of implementing “instruction” in the Basic Agrarian Law (henceforth UUPA – Undang-Undang Pokok Agraria), and that the law functions as a social control exercised by the state against holders of land rights and Basis for Land Control (henceforth DPAT – Dasar Penguasaan Atas Tanah) that do not fulfill the obligations. Based on Article 27, Article 37, and Article 40 of the UUPA, land rights will be nullified if neglected. However, the UUPA has not explained how a land is categorized as abandoned land, and has not regulated the Control of Abandoned Land. Government Regulation No. 11 of 2010 is considered ineffective in overcoming the problem of controlling abandoned land so that it was revoked. Then, Government Regulation Number 20 of 2021 was stipulated. This law is a derivative of the Omnibus Law, and it is the basis for controlling the abandoned land. This paper aims to investigate the obstacles to controlling the abandoned land after the enactment of the Omnibus Law

CANCELLATION OF LAND OWNERSHIP RIGHTS CERTIFICATE IMPLEMENTED BY THE LAND OFFICE OF BENGKULU CITY

This study aimed to determine the procedure implemented in the cancellation of land ownership certificates implemented by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of Bengkulu Province, which was based on the Supreme Court Decision Number: 814K/PDT/2009 that has permanent legal force. The type of study used was juridical empirical legal research with descriptive characteristic, meaning that the research aimed to explain the procedure for the cancellation of a land ownership certificate by looking at the conformity between the applicable legal rules and those applied in the process of canceling a land ownership right. The approach applied in this study was qualitative, which is an analysis that describes the applicable regulations, then linked them to the cancellation of the certificate, the analysis was formed by words based on the technique of collecting and analyzing the relevant data obtained from the implementation of the procedure for cancellation of land ownership rights. While the populations in this study were the litigants and the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency of Bengkulu Province. Primary data collection was carried out by using semi-structured interview technique. Then the primary and secondary data were analyzed by using qualitative descriptive analysis. The results of this study showed that the certificate cancellation had been in accordance with the applicable procedures. Suggestions that can be given were that the cancellation of the certificate of land ownership rights must fulfill all formal requirements in implementing the cancellation of land ownership rights.

TINJAUAN YURIDIS PENDAFTARAN HAK TANGGUNGAN DALAM PELAYANAN HAK TANGGUNGAN TERINTEGRASI SECARA ELEKTRONIK

Penelitian ini dilakukan untuk memperoleh gambaran tentang pendaftaran Hak Tanggungan secara elektronik yang telah diterbitkan Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 9 Tahun 2019 tidak semua proses pendaftaran HakTanggungan dilakukan secara elektronik. Metode Penelitian yang digunakan adalah metode penelitian hukum normatif. Sedangkan metode pengumpulan data yang digunakan adalah metode pendekatan undang-undang, konseptual dan historis. Hasil penelitian menunjukan bahwa, pendaftaran Hak Tanggungan secara elektronik dilakukan melalui Sistem HakTanggungan Elektronik oleh PPAT dan Kreditur dengan mengupload dokumen persyaratan secara elektronik sampai mendapat sertipikat Hak Tanggungan dan catatan Hak Tanggungan pada buku tanah dan Sertipikat Hak Atas Tanah atau Hak Hak Milik Atas Satuan Rumah Susun dalam bentuk elektronik, dan juga pendaftaran Hak Tanggungan secara elektronik masih memiliki kelemahan antara lain Sertipikat Hak Atas Tanah Atau Hak Milik Atas Satuan Rumah Susun harus atasnama debitur dan belum diaturnya mekanisme sindikasi kredit

THE EFFORT TO RESOLVE LAND DISPUTES OVER FORMER LAND OF CULTIVATION RIGHT IN JENGGALU VILLAGE, SELUMA REGENCY, BENGKULU PROVINCE

The dispute over the former land of cultivation rights (further will be abbreviated and referred as HGU) on behalf of Sahabudin is an area of ​​65 hectares known to have been controlled by the community, and it is known that he has 29 Ownership Certificates (further will be abbreviated and referred d as SHM), and 2 Land Certificates (further will be abbreviated and referred as SKT) belonging to the community, and the ex-HGU land is distributed by agreement. In the regulations, it is clear that the ex-HGU land is returned to the state, and it is clear that the land can no longer be used for other activities. Juridically and conceptually, problems related to the object of land use rights that come from land rights do not seem to experience problems and are legally justified as long as the process of relinquishing land rights is based on applicable regulations. However, if the procedure for relinquishing land rights is not carried out properly according to the law, it will trigger a conflict between the original right holder and the holder candidate of the cultivation right or the holder of the cultivation right . Based on the experience in several areas, including in Bengkulu Province, the cause of conflict between communities and plantation companies that use land rights facilities, is due to the dispute over ownership of land rights, especially related to compensation for land and growing crops on land that has been released in past times. The objectives of this research are: (1). To determine and describe the factors that cause the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. (2). To identify and describe the efforts to resolve disputes over former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu. The method of this research is empirical methods, data analysis was carried out in a qualitative juridical manner. The results of the study explained that: (1). The factors causing the dispute over the authorization of former land of HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are the agreement on the distribution of land with Cultivation Rights, Expiration of Cultivation Rights and the issuance of SHM and SKT on HGU lands. (2). Efforts to resolve land disputes with ex-HGU in Jenggalu Village, Seluma Regency, Bengkulu Province are: efforts to settle out of court through the Regional Leadership Coordination Forum (Further will be referred as Forkopimda) meeting and the Land Office and efforts through civil lawsuits at the Tais District Court. Keywords: Settlement, Dispute, Former land of HGU

Legal Implications Of The Certificate Revocation Decision By The Court Toward The Creditors

This study aimed to analyze and to explain the legal implications of the court decision which stated that the certificate of ownership was revoked, furthermore it became the mortage right toward the bank as the holder of the mortgage right in the Home Ownership Credit Agreement. The research method used was normative legal research with a statute approach and a case approach. The results of the research showed that with the court's decision, the certificate of ownership rights which became the mortgage rights was no longer legally enforceable, namely 60 (sixty) working days after the court decision has obtained permanent legal force as referred to in Article 116 paragraph (1) of The Administrative Court Law. The decision was accepted if the Defendant did not fulfill his obligations. This also applied regardless of whether or not a revocation request was made to the Head of the local Land Office. Then automatically the mortgage rights also did not have legal force anymore, although this was not regulated in the provisions of the UUHT. However, the credit agreement did not become nullified or canceled, then there was a shift in the position of the bank from the original creditor which was prioritized to be a concurrent creditor

UNIT PRICE CONTRACT IN CONSTRUCTION WORK

According to Presidential Regulation No. 54 of 2010 article 50 paragraph (3) there are 5 (five) contract of procurement goods and services based on payment namely lump sum contract, unit price contract, the combination of lump sum and unit price contract, percentage contract and turnkey contract. Of those five contract types, lump sum and unit price contracts are the most common contract applied in construction work; but other types are also possible to be applied. Government Regulation No. 29 of 2000 article 21 paragraph (2) states “Construction work contract of unit price payment as stated in article 20 paragraph (3) part a number 2 is a contract on services for each completed unit of work within the time given with fixed price for each unit based on volume of work done by service Supplier”. However, there are many service Suppliers in Department of Public Works that do not fully understand about unit price contract in construction work. Thus, the objective of this study is to find out the important considerations in applying unit price contract in work construction

IMPLEMENTATION OF CONSUMER PROTECTION ON EXECUTION OF UNREGISTERED FIDUCIARY WARRANTYAT PT.FEDERAL INTERNATIONAL FINANCE (FIF) OF BENGKULU BRANCH

The execution of collateral in the financing institution as contained in the UUJF is clearly made by the creditor against the debtor whose is breach of contract, in which the execution of the creditor has a permanent legal forceand legitimate. However, for unregistered warranty in accordance with UUJFwould cause conflict. One of the conflicts that arises is the unprotected consumer rights. The purpose of this research is to understand and analyze the implementation of consumer protection on execution of fiduciary Warranty which is not registered at PT.Federal International Finance (FIF) of Bengkulu Branch. The method used was empirical juridical approach, by using qualitative analysis. Result of the research mentioned that implementation of consumer protection at execution of unregistered fiduciary Warranty at PT. Federal International Finance (FIF) of Bengkulu Branch was not in accordance with the provisions of applicable legislation where the execution of PT. Federal International Finance (FIF) of Bengkulu Branch was not accompanied by a fiduciary certificate and was not through previous mediation efforts so that the execution of non-registered fiduciary warrantyviolated the rights of the debtor as a consumer