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Arba -
Faculty of Law Mataram University
Law, Crime, Criminology & Criminal Justice

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Kajian Normatif Perencanaan Penataan Ruang dan Penatagunaan Tanah Arba -; L. Syapruddin; Diangsa Wagian
Jatiswara Vol 30 No 1 (2015): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Abstract

This research aims to normatively study and analyze the government’s obligation to make spatial planning and land use management; and also to review and analyze the legal conception of spatial planning and land use management in accordance with the legislations existing in Indonesia. This study is normative, i.e. a research which examines the fundamentals/principles of law, review the norms and legal concepts regulating spatial planning and land use management. This research applies normative approach; there are statute approach, conceptual approach, and comparative approach. It uses library resources which consist of primary, secondary, and tertiary legal materials. The research discovers that government is required to establish spatial planning and land use management on the basis of philosophical, juridical, and empirical foundations. Furthermore, spatial planning is a process to determine the spatial structure and pattern which covers the arrangement and establishment of the spatial plan. While the land use management is a pattern of the land use management which covers possession, use and utilization of land which constitute land use consolidation through institutional arrangements associated with the use of land as an integrated system for the benefit of a fair society. Spatial planning and land use management is an integral and inseparable, as land use management is part of the spatial plan, so that they are actually under the same legal basis. This research recommends that spatial planning and land use management should fully be committed to create the spatial and land utilization and also natural resources effectively and efficiently.
Kebijakan Perencanaan Tata Guna Tanah Berbasis Lingkungan Hidup Arba -
Jatiswara Vol 26 No 3 (2011): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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Land is the most strategic natural resources and has an essential role in human life, therefore the preparation, allotment, and utilization of the land should to be planed well and aright in other to have the most benefit for the prosperity of the most society. The planning, preparation, allotment, and utilization the land is conducted to regulate of mastery and ownership and utilization of land by person, corporation or a group of society, so that it is regulated and not prejudiced each other. The regulation of land by government base on some instruments of law consist of: Article 33 section (30) UUD 1945, UUPA (Agrarian Acts) Article 6, 14, and UUTR (Space Regulation Acts) Number 24 Year 1992 that to be changed with UUTR Number 26 Year 2007; UULH (Environmental Acts) Number 4 Year 1982 that to be changed with UUPLH (Environmental Management Acts) Number 23 Year 1997, and to be changed anymore with UUPPLH (Environmental Management and Protection Acts) Number 32 Year 2009; and PP (Governmental Regulation) Number 16 Year 2004 about the Land Use Planning. The management of lands use planning base on the cohesiveness principle, empower and efficiency principle, harmonization and equal principle, sustainable principle, transparency principle, and equality, fairness and protection of law principle. The relevance between land use planning and environment is that, the planning, preparation, allotment, and utilization of land really have to pay attention many aspects, either the aspect of personal or society interest, aspect of maintenance and preservation of natural resources itself, or aspect of protection and preservation of Environment.
Implikasi Hukum Peningkatan Status Hak Guna Bangunan (HGB) Dan Hak Pakai (HP) Atas Rumah Tinggal Obyek Hak Tanggunganmenjadi Hak Milik Terhadap Kreditur Arba -; Arief Rahman Hakim; Muhammad Umar; Wiwiek Wahyuningsih; Shinta Andriyani
Jatiswara Vol 31 No 1 (2016): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

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This research aims to study the legal implications of Status change from the Right to Build and theRight to Use to become the right of ownership over a mortgage object for Creditors. This is a normative-empirical research, i.e. research which is seeking to discover legal values, norms, concepts, its application, and the legalimplications of the status change of the right. This research applies normative and socio-legal approaches. Normative approach itself applies statute, conceptual, and analytical approach. Meanwhile, socio-legal approach itself applies social and economic approach. The legal material resource of the research is literature data which consist of primary, secondary and tertiary legal material, meanwhile the field resource of it are primary and secondary data.Any legal actions or action law will lead to an implication of law or legal consequences. Legal actions or changes or improvement HGB/HP became to HM will lead to abolishment of the land rights and legal status of the land rights into state land, so that all the rights of other parties that are attached to the land rights had previously been removed. For that to holders of HT does not feel disadvantaged, then in the BPN Head Regulation No. 5 of 1998 has been set clearly on the protection of the law and the rights of creditors Mortgage holders.
Co-Authors Diangsa Wagian, Diangsa L. Syapruddin Muhammad Umar Shinta Andriyani Wiwiek Wahyuningsih Yundari, Yundari