Analysis Of Justice Principles In Determining The 'Clean and Clear' Status Of Land Rights It Has Been Canceled

Sundus Akbar

Abstract


Determination of 'clean and clear' status on rights on land is A complex issue in law land . In context this , especially when right on land has canceled , esp in context PK decision of the Supreme Court of the Republic of Indonesia number 28.PK/TUN/2005 dated 22 July 2009, question about justice becomes very important . Study This will do analysis deep to principle justice involved in determination of 'clean and clear' status on rights on land that has been cancelled . With use approach multidisciplinary , research This will explore aspects related legal , ethical , and social issues with solution conflict related ownership complex land . Through careful research to studies case and framework relevant laws , research This aim For give deep insight about How principles justice can applied in context determination of 'clean and clear' status on rights on land that has been cancelled . Expected results study This can give contribution significant to understanding We about law land and protection rights on land in system modern law .


Keywords


Clean; Clear; Legal Justice; Principles.

Full Text:

PDF

References


Journals:

Abdillah, Zakki . “ Thematic Study About Draft Justice in the Perspective of the Al- Qur'ran and Hadith." TERAJU: Journal of Sharia and Law 1, no. 01 (2019): 21–27.

Amen, Subhan. “ Justice in Perspective Legal Philosophy towards Society.” ElAfkar : Journal Thinking Islam and Tafsir Hadith 8, no. 1 (2019): 1–10.

Arfah, Aryati , and Muhammad Arif. "Economic Development, Social Justice and Sustainable Economy from an Islamic Perspective ." SEIKO: Journal of Management & Business 4, no. 1 (2021): 566– 581.

Arfiani , Arfiani Arfiani , Khairul Khairul Fahmi, Beni Kharisma Arrasuli , Indah Nadilah Nadilah , and Miftahul Fikri Fikri . “ Law Enforcement is Appropriate Principle Justice that is Certain , Fair and Humane : Monitoring Study of the Law Enforcement Process in 2020.” Riau Law Journal 6, no. 1 (2022): 48–74.

Arliman , Laurensius . " Realize Good Law Enforcement in the Indonesian Rule of Law.” Dialogia Iuridicia : Journal of Business and Investment Law 11, no. 1 (2019): 1–20.

Asshiddiqie , Jimly . " The Idea of the Indonesian Rule of Law." In Paper Presented at the National Legal Development Planning Dialogue Forum Organized by the National Legal Development Agency of the Ministry of Law and Justice , 2011.

Bo'a, Fais Yonas. “Pancasila as Sources of Law in the National Legal System.” Journal Constitution 15, no. 1 (2018): 21–49.

Dollar, Dollar, and Khairul Riza. “ Application of the Principle of Good Faith in Online Buying and Selling Transactions to Make It Happen Legal certainty ." Journal Legal Sciences and Human Rights Man 1, no. 2 (2022): 77–85.

Embrace it , Afifa. " Draft Justice in an Islamic Perspective .” TAZKIYA: Journal of Islamic Education 6, no. 1 (2017).

Hezbollah , Hezbollah . "The Role of Faith in Legal Professional Ethics in Indonesia." Journal AlQadau : Islamic Family Justice and Law 7, no. 2 (2020): 101–113.

Irawan, R. Good. “ Constitutional Rights President in Granting Pardon and Its Implementation in the Republic of Indonesia.” Journal De'jure Legal Sciences : Legal Scientific Studies 1, no. 2 (2016): 363–393.

Isnantiana , Nur Iftitah . "Law and Legal System as Pillars of the State." Journal of Sharia Economic Law 2, no. 1 (2019): 19– 35.

Kusumohamidjojo , Budiono. “ Just Order , One Overview Problematic Indonesian Legal Philosophy .” PT, Gramedia Pustaka Utama, Jakarta, 1999.

Murdiana , Elfa. " Analysis Juridical Sociological To Change Constitution Cooperative ." Istinbath : Law Journal 12, no. 1 (2015): 133–152.

Please, Hasaziduhu. “ Law Enforcement in Indonesia According to Aspect Legal Certainty , Justice and Benefits ." Dharmawangsa News 13, no. 1 (2019).

Putri, Kania Dewi Andhika , and Ridwan Arifin. “ Review Theoretical Justice and Legal Certainty in Indonesia (The Theoretical Review of Justice and Legal Certainty in Indonesia).” Pulpit Yustitia 2, no. 2 (2018): 142–158.

Saputra, Agus Romdlon . " Draft Justice According to the Qur'an and the Philosophers ." Dialogia 10, no. 2 (2012): 185–200.

Sari, Liani. “Essence Justice in Law.” Legal Pluralism: Journal of Law Science 2, no. 2 (2012).

Sudikno, Mertokusumo. “Knowing the Law Introduction.” Liberty, Yogyakarta, 2005.

Taufiq, M. " Concepts and Sources of Law: Analysis Comparison Islamic Legal System and Positive Legal System ." Istidlal : Journal of Islamic Economics and Law 5, no. 2 (2021): 87–98.

Wahidin, Samsul. "Supreme Judges as Agents of Change Towards Law and Legal Reform." Journal Horizons of Law 5, no. 2 (2014): 157–167.

Wijaya, Daya Negri. " The Social Contract According to Thomas Hobbes and John Locke." Journal Sociology of Humanist Education 1, no. 2 (2016): 183–193.

Wijayanta , Tata. “Principles of Legal Certainty , Justice and Benefits in Relation With Decision Bankruptcy Court Commerce .” Journal Legal Dynamics 14, no. 2 (2014): 216–226.

Wiranata, Aga. “Pancasila as Legal Sources and Influence Politics in the Formation of National Law.” Journal Education and Social Humanities Person 1, no. 1 (2023): 1–14.

Regulation:

Constitution Number 05 of 1960 concerning Basic Basic Rules Agrarian .

Copy of Jakarta High Administrative Court Number : 18/G/PTUN/PTK/2002 dated 4 September 2002 .

Copy of Judicial Review at the Republic of Indonesia Court No. 260/B/2002/PT.TUN. JKT February 27, 2003 .

Copy of Pontianak State Administrative Court Number : 28.PK/TUN/2005 July 22, 2009 .

Copy of the Constitution of the Supreme Court of the Republic of Indonesia

Decree of the Head of Regional Office of BPN West Kalimantan Province

Decree of the Head of the National Land Agency of the Republic of Indonesia Number 34 of 2007 concerning Technical Instructions for Handling and Settlement Problem Land .

No. 249.K/TUN/2003 dated 15 March 2004 .

Number 1 Year dated January 29, 2002 .

Regulation Government Number 24 of 1997 concerning Land Registration

Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency number 03 of 1997 concerning Provision Implementation Regulation Government number 24 of 1997 concerning Land Registration .

Regulation of the Minister of Agrarian Affairs and Spatial Planning/ National Land Agency number 29 of 2016 concerning Procedures for Land Registration .

Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 16 of 2022 concerning Delegation Authority Determination of Land Rights and Activities Land Registration ,

Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 16 of 2021 concerning Change Third on Regulation of the Minister of State for Agrarian Affairs / Head of the National Land Agency Number 03 of 1997 concerning Provision Implementation Regulation Government Number 24 of 1977 concerning Registration


Refbacks

  • There are currently no refbacks.