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All Journal Jurnal Dinamika Hukum Arena Hukum Substantive Justice International Journal of Law Yuridika
Sri Hajati
Faculty Of Law, Universitas Airlangga, Indonesia
Law, Crime, Criminology & Criminal Justice

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Journal : Jurnal Dinamika Hukum

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DIVISION OF LAND SERVICES BASED ON LOCAL GOVERNMENT AUTHORITY Sri Winarsi; Sri Hajati; Oemar Moechthar
Jurnal Dinamika Hukum Vol 18, No 3 (2018)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2018.18.3.1892

Abstract

After the issuance of Law Number 23 Year 2014 jo. Law Number 9 Year 2015 on Regional Government, the affairs of local government in the field of land services, especially agriculture and plantations have shifted the authority of regulation which is different from the regulation in Law Number 32 Year 2004. The presence of the regional autonomy-based regulation had established the land agency in the provinces, districts/municipalities which were given authority to hold land affairs. Land affairs was originally the authority of the National Land Agency. These developments cause problems including overlapping authority. If the conflict is not well regulated, in legal perspective, it will emerge the problem of legal uncertainty while in management perspective, it causes inefficiency. Due to the shifting of this land affairs basis, it is necessary to harmonize the land affairs related to regional autonomy so that the authority overlapping is not done simultaneously between the central government and local government. The method used in this research is statute, conceptual and case approach. The research concluded to propose a model of improving land services in agriculture and plantation sectors between central and local government. Keywords: conflict of authority, land service, local government.
THE EXISTENCE OF ADAT LAND POST-ENACTMENT OF LAW NUMBER 6 OF 2014 ON VILLAGE Sri Hajati; Oemar Mochthar; Sri Winarsi
Jurnal Dinamika Hukum Vol 16, No 3 (2016)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2016.16.3.707

Abstract

Post-Enactment of Law No. 6 Year 2014 on village, a village is divided into two: villages and adat villages. Adat village may have adat land assets. The law will not be explained in more detail, in addition to the Regulation of the State Minister of Agrarian/Head of National Land Agency No. 5 Year 1999 which was repealed in 2015 resulting in a legal vacuum in the regulation of traditional dispute resolution. This research apllied statute and conceptual approach while the analysis was conducted qualitatively, by pointing to the principles and procedural law as well as analyzing the various factors of social, economic and political process and procedural subtantive resolution of cases. The causal factors do not explain the existence of adat land which is not accommodated by local regulations as an obligation for local governments to undertake research and data collection ulayat lands in their area, as mandated by Law No. 23 Year 2014 which was confirmed by Regulation No. 38 of 2007 and Law No. 6 Year 2014.Keywords: Village Government, Ulayat Land Rights, Society
Co-Authors Faizal Kurniawan Faizal Kurniawan Komari Aldiansyah Komari Aldiansyah Oemar Mochthar Oemar Moechthar Prawitra Thalib Sri Winarsi