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All Journal Paramita: Historical Studies Journal MANUSKRIPTA JMM (Jurnal Masyarakat Mandiri) Soumatera Law Review SASTRANESIA: Jurnal Program Studi Pendidikan Bahasa dan Sastra Indonesia ARBITER: Jurnal Ilmiah Magister Hukum
Idham Idham
Balai Penelitian dan Pengembangan Agama Makassar
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Other

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Mekanisme Penetapan Hak Atas Tanah Dan Penataan Tanah Terlantar Dilihat Dari Peraturan Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 4 Tahun 2010 Marta, Andhyka; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.693

Abstract

Article 1 of the UUPA No. 5 of 1960 explains that the entire earth, water and space, including the natural resources contained therein in the territory of the Republic of Indonesia as a gift from God Almighty in the form of earth, water and space, are national assets. Land is a gift from God Almighty given to humans to be managed, used and maintained as well as possible as a source of life and livelihood. Land abandonment is an act that is unwise, uneconomical with the intention of losing the economic potential of the land, is unfair, and is a violation of the obligations that must be carried out by rights holders or parties who have obtained the basis for land tenure. The author uses a normative juridical approach as the type of research used with the details of the research used is descriptive analysis. The data collection technique used is literature study. The author uses data analysis, namely qualitative data analysis. To develop the use of land in Indonesia, the National Land Agency enacted Regulation of the Head of the Land Agency Number 4 of 2010 which regulates procedures for controlling abandoned land.
Analisis Hukum alih fungsi Tanah pertanian menjadi pembangunan Pemukiman dan Perumahan Purba, Master Sahat; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.636

Abstract

This research is a juridical analysis research on agricultural land that has changed functions for housing development by the local government. The transfer of agricultural land functions, especially in the district capital area, is in accordance with the regional spatial plan based on Regional Regulations. This is done for the smooth running of the government and to ensure the welfare of the people. The application of shifting the function of agricultural land for housing development is adjusted to the regional spatial plan. The policy taken regarding the transfer of agricultural land to non-agricultural functions of course still provides legal protection and pays attention to the rights of the community, especially people who work in the agricultural sector.
Analisis Yuridis Konsolidasi Tanah Rumagit, Joni; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i1.652

Abstract

The legal basis for land consolidation in the context of improving the quality of the resedential environtment is based on the nationally regulated lawas and regulations, including Article 33 paragraph (3) of the 1945 Costitution of the Republic of Indonesia, Articles 2, 6, 12, 14 of the UUPA, law No. 1 of 2011 concerning Housing and Settlements, Law No. 32 of 2009 concering Environmental Protection and Management, Law No. 26 of 2007 concerning Spatial Planning and the Head of the National Land Agency issued Regulation of the Head of The National Land Agency Number 4 of 1991 concerning Land Consolidation. The supporting factors for land consolidations in order to improve the quality of residential environtment are the Collaboration between Land Office and several related agencies in the land consolidation. While the inhibiting factor for soil consolidation in order to improve the quality of the residential environtment is the lack of knowlage of land consolidation participants regarding land consolidations.
Perlindungan Hukum Untuk Pemegang Hak Atas Tanah Dengan Kasus Sertifikat Ganda Atas Sebidang Tanah Di Badan Pertanahan Nasional Ginting, Sejahtera Imanuel; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.646

Abstract

Use of land without rights is prohibited. Therefore, there must be the issuance of a certificate of land rights. However, in practice, there is still circulation of land rights that are not in accordance with the provisions of the legislation and one of them is the circulation of cases of overlapping ownership of a plot of land in the community. The issuance of multiple lands by the land office results in dual land certificates, which contradicts land rights controlled by individuals and the principle of legal certainty, legal entities or institutions. This article discusses the forms of protection and legal remedies for land holders, rights regarding several certificate disputes. Based on the study, in practice, the law on the protection of land rights holders is regulated in Article 32 of Government Regulation number 24 of 1997 concerning Land Registration that legal efforts to settle land disputes that can be taken by holders of dual land rights who are harmed can take an out of court/non-judicial route. litigation and litigation/litigation. This article ends with suggestions for real reforms from the bureaucracy of the National Defense Agency and improving the quality of human resources and must know in advance the status of land ownership rights in the event of a transaction in terms of the transfer of land ownership rights so as not to cause problems in the future.
Analisis Yuridis Tata Ruang Pertanahan Dan Tata Guna Pertanahan di Indonesia Berdasarkan Undang Undang Agraria di Indonesia Butar Butar, Tomy Mangaratua; Idham, Idham; Idham, Idham; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.618

Abstract

This study aims to examine juridically the procedures for land management and spatial planning based on the laws governing the form of land management in Indonesia to the applicable rules regarding the procedures for managing land spaces in Indonesia. This analysis uses Primary Sources and Secondary Sources, namely legal materials whose contents have binding legal force originating from books, doctrines, and other materials related to land law. The research method used for research purposes, The general purpose of the research is to find out land use planning and land use in Indonesia, specifically being able to provide information on land spatial planning and land use in general relating to current government regulations, literature sources used for primary and secondary legal materials for discussion and analysis
Analisis Yuridis Tata Ruang Pertanahan Dan Tata Guna Pertanahan di Indonesia Berdasarkan Undang Undang Agraria di Indonesia Butar Butar, Tomy Mangaratua; Idham, Idham; Idham, Idham; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.618

Abstract

This study aims to examine juridically the procedures for land management and spatial planning based on the laws governing the form of land management in Indonesia to the applicable rules regarding the procedures for managing land spaces in Indonesia. This analysis uses Primary Sources and Secondary Sources, namely legal materials whose contents have binding legal force originating from books, doctrines, and other materials related to land law. The research method used for research purposes, The general purpose of the research is to find out land use planning and land use in Indonesia, specifically being able to provide information on land spatial planning and land use in general relating to current government regulations, literature sources used for primary and secondary legal materials for discussion and analysis
Analisis Yuridis Tata Ruang Pertanahan Dan Tata Guna Pertanahan di Indonesia Berdasarkan Undang Undang Agraria di Indonesia Butar Butar, Tomy Mangaratua; Idham, Idham; Idham, Idham; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.618

Abstract

This study aims to examine juridically the procedures for land management and spatial planning based on the laws governing the form of land management in Indonesia to the applicable rules regarding the procedures for managing land spaces in Indonesia. This analysis uses Primary Sources and Secondary Sources, namely legal materials whose contents have binding legal force originating from books, doctrines, and other materials related to land law. The research method used for research purposes, The general purpose of the research is to find out land use planning and land use in Indonesia, specifically being able to provide information on land spatial planning and land use in general relating to current government regulations, literature sources used for primary and secondary legal materials for discussion and analysis
Analisis Yuridis Konsolidasi Tanah Perdesaan Atas Tanah Ulayat Masyarakat Purba, Cordyn Parulian Tuah; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 1 (2021): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i1.655

Abstract

This article or writing aims to find out and analyze the legal rules governing land consolidation and how to carry out the consolidation of rural land on the ulayat lands of indigenous peoples in Samosir Regency. The problem is focused on the legal arrangements governing land consolidation and procedures for implementing land consolidation. To answer the problems in this paper, the theory of the legal system and the theory of legal certainty are used. This research uses normative legal research. In essence, normative legal research is the main legal research considering that the main source of law in the legal system that applies in Indonesia is the law. This study concludes that: The Laws governing Land Consolidation are as follows: (a) Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles; (b) Law no. 17 of 2007 concerning the National Long-Term Development Plan (RPJPN) for 2005-2025; (c) Law no. 26 of 2007 concerning Spatial Planning; (d) Law no. 1 of 2011 concerning Housing and Settlements; (e) Law no. 20 of 2011 concerning Flats; (f) Government Regulation No. 16 of 2004 concerning Land Use; (g) Presidential Regulation No. 2 of 2015 concerning the National Medium Term Development Plan (RPJMN) 2015-2019
Analisis Yuridis Terhadap Penyelesaian Konflik Pertanahan Di Areal Tanah Garapan Kusuma, Juanda; Idham, Idham
ARBITER: Jurnal Ilmiah Magister Hukum Vol 3, No 2 (2021): ARBITER: Jurnal Ilmiah Magister Hukum November
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v3i2.633

Abstract

The problem of land is a very important conflict because it involves the needs of many people's lives to be used as a place to build a house as a place to live, a place of business or as a source of community work. The type of research used in writing this journal is normative juridical research. The point here is a research data based on literature research with legal theory that is specific in the field of land law. Data research is carried out by concluding secondary data which is then carried out with qualitative analysis to review problems based on data and legislation related to the field of land law to obtain a new picture in order to strengthen an existing picture in answering problems which then make conclusions and useful suggestions. . Land problems in Langkat Regency occur because of the lack of awareness and knowledge of the law in the community and poor behavior due to the high linkage of land in meeting the daily needs of the people in Langkat Regency. Resolution of the problems that occur is carried out through mediation at the district land office and if the mediation route fails, generally the problem is continued through litigation (courts).
Co-Authors Anthon Monde Ardinal, Benni Burhanuddin Nasir Butar Butar, Tomy Mangaratua Ginting, Sejahtera Imanuel Hafiz, Wahyudin Hutagalung, Bangun Nauli Khadijah, Siti Nur Kusuma, Juanda Lina Maulidiana Manik, Regen Marta, Andhyka Purba, Cordyn Parulian Tuah Purba, Master Sahat Rumagit, Joni Sri Anjar Lasmini Tarsono