The Law Enforcement Against the Criminal Acts of Destruction of Crops (original) (raw)
Related papers
The Regulation On Subject To a Property Rights Of a Land According To Agrarian Law (UUPA)
2021
The law regarding agrarian has undergone many changes. The debate regarding the status of land ownership still needs a lot of study. Therefore, this research is interesting to do in order to findout the subject of a land ownership by virtue of the agrarian law (UUPA). This study using a normative juridical approach and uses an analytical descriptive in writing the data by describing the secondary data so that it is factual, accurate, and systematic. The source of this research comes from statutory regulations, the existence of decisions that have the court basis then analyzed using a qualitative way. The result describes that the agrarian law stipulated a legal principle under article number 21 stating that only Indonesian citizen who is able to have the rights over the land property, regardless whether they are men or women are placed in the equal position. In addition, it does not differentiate the group population. Nevertheless, through the authority possessed by the Government a...
Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS)
This research examines the analysis of the judge's decision in the case of unlawful acts of cultivating land without a permit (Study of Decision No. 23/Pdt.G/2020/Pn.Kis) in accordance with Article 1365 concerning Unlawful Acts. The formulation of Article 1365 of the Civil Code is "any unlawful act, which causes harm to other people, obliges the person who because of the mistake of issuing the loss, compensates for the loss". The purpose of this study was to find out the judge's consideration of the decision Number 23/Pdt.G/2020/PN Kis and to find out the legal consequences of the decision Number 23/Pdt.G/2020/PN Kis. This type of research uses normative juridical research with a statutory approach and a sociological approach. In making a decision, the judge must be able to provide legal certainty and also justice for the decision made. Taking into account the Court Decision Number 23/Pdt.G/2020/PN Kis regarding unlawful acts of cultivating land, the factors that w...
Criminal Law Approach to Absentee Land Ownership as A Form of Legal Protection by The State
Veteran Law Review, 2023
The enactment of the Basic Agrarian Law (UUPA) has changed the constellation of land in Indonesia. The spirit of anti-colonialism is eliminated as much as possible in the regulation of land in Indonesia. There is land that functions as agricultural land that is owned by parties who do not even live where the land is located, known as Absentee. This can hurt the spirit of the UUPA which wants to protect land ownership by indigenous people who live where the land is located. It is felt that the criminal law approach needs to be considered in an effort to protect the spirit of the BAL, in this case absentee land ownership. This legal research is normative legal research using a statutory approach, a conceptual approach that aims to analyze the criminal law approach to absentee land ownership in realizing social justice for all Indonesian people.
2021
Then explained the juridical consequences of these articles in relation to the implementation of the PTSL program. The method used is normative juridical, both in the narrow sense and in the broad sense. While the analysis orientation is in the form of a conceptual approach (Concept Approach) and a statutory approach (Statue Approach). The results of the research obtained explain that the systematic construction of criminal articles related to the implementation of the PTSL program is more dominant in its address, namely civil servants, state administrators or state civil servants. In addition, the juridical consequences of applying these criminal articles are punishable by imprisonment and fines. It appears that the system of applying criminal sanctions is balanced between imprisonment and fines. Because PTSL is a strategic policy that contains elements of state financial losses and detrimental to economic development (descriptor for fines). It is recommended that there is a need for inherent supervision during the program socialization process considering the common legal culture of the community needs protection.
International Journal of Community Service (IJCS)
Land as a source of life and one of the important factors of production, besides being able to guarantee the availability of space to build infrastructure and facilities for development needs in accordance with the priorities that have been set, it is also necessary to maintain its fertility and sustainability in order to create a comfortable living environment. The pattern of land use in supporting development will experience a shift in accordance with developments in each development sector. Policies in the land sector are aimed at achieving three main things that complement each other, namely efficiency and economic growth, social justice, environmental conservation and sustainable land use patterns. Government has given legal protection to agricultural land by issuing several regulations such as Law Number 41 of 2009 concerning the Protection of Sustainable Food Agricultural Land. This rule emphasizes that sustainable food agricultural land must be protected and cannot be conver...
Journal of Law, Policy and Globalization, 2017
State must be able theto meet its basic needs, in the sense of food sovereignty within the state. Indonesia is constitutionally obliged to pay attention to legislative policies that ensure legal protection for farmers in support of food sovereignty. This study aims to find out how the state regulates in providing legal protection for farmers, policies on land and agricultural land sufficient for farmers in Indonesia. This research was conducted with normative juridical approach to study the legislative policy which regulates land allotment for agriculture and agricultural land area. By using the primary legal materials in the form of various provisions of the laws governing the allocation of land for agriculture. Techniques of collecting legal materials through library search in the form of manual library and digital library and descriptive analysis through the legislation approach. Results and pembahsannya: 1). Legal protection for farmers under Indonesian law, in general: legislat...
Sigma Journal of Engineering Natural Sciences
The main problems of the agricultural sector in our country are small land, multi-part areas, and formless land and also scattered plots. Today, expropriation for the purpose of acquisition of land on agricultural land increase the fragmentation on land. Land consolidation applications have been extended in recent years in order to reduce fragmentation of land. This study was conducted within the scope of the Develi Irrigation Project carried out in the responsibility of the 12th Regional Directorate under the authority of the General Directorate of State Hydraulic Works. Parcels in three units in the area of the land consolidation project, due to land acquisition and land consolidation project, were investigated about changes based on the project in terms of the number of parcels, changes in average parcel size and parcel shapes. According to the results obtained from the application, expropriation of land led to the increase in the fragmentation of land, thus, the application was determined to have affected the use of agricultural land adversely. On the contrary, it was determined that more favorable agricultural land was created with land consolidation. Keywords: Land management, expropriation, land consolidation, parcel geometry. Ülkemiz tarım sektörünün başlıca sorunları arasında arazilerin küçük, çok parçalı, şekilsiz ve dağınık vaziyette olması gelmektedir. Günümüzde kamu yatırımlarının arazi temini amacıyla yapılan kamulaştırmalar, arazi parçalanmasını artırmaktadır. Arazi parçalılığının azaltılması amacıyla son yıllarda arazi toplulaştırma uygulamaları yaygınlaştırılmıştır. Bu çalışmada, Devlet Su İşleri 12. Bölge Müdürlüğü sorumluluğunda devam etmekte olan Develi Sulama Projesi kapsamında yer alan ve arazi toplulaştırma uygulama sahasında bulunan üç birimdeki parsellerin kamulaştırma ve arazi toplulaştırması projesi nedeniyle parsel sayılarındaki, ortalama parsel büyüklüklerindeki ve parsel şekillerindeki değişimler incelenmiştir. Uygulamalardan elde edilen sonuçlara göre kamulaştırmanın arazi parçalanmasını artırarak tarımsal arazi kullanımını olumsuz etkilediği, bunun aksine arazi toplulaştırması ile daha uygun tarım arazilerinin oluşturulduğu tespit edilmiştir.
2016
Countries should be able to meet their basic needs, in terms of the realization of food sovereignty in the country. Indonesia is constitutionally obliged to pay attention to legislative policy which guarantees legal protection for farmers in support of the food sovereignty. This study aims to determine how the state regulates in providing legal protection for farmers, policies on soil and agricultural land sufficient for farmers in Indonesia. This research was conducted with normative juridical approach to assess legislative policies governing land use for agriculture and agricultural land area. By using primary legal materials in the form of various statutory provisions governing the allotment of land for agriculture. Techniques of collecting legal material through either manual literature search library and digital library as well as a descriptive analysis through the approach of legislation The results and is discussed: 1). Legal protection for farmers under the laws in Indonesia...
The Nature of Justice to Implement Nationality Principle in the Agrarian Law
Journal of Law, Policy and Globalization, 2016
This study aims to (1) know and understand the nature of justice of nasionality principle of Basic Agrarian Law (hereinafter referred toBAL) as a philosophical foundation in the agrarian regulation; 2) to know and understand the synchronization of nasionality principle to be implemented in the agrarian regulation; and 3) to understand and find out the right strategy to embody the principle of nationality of BAL in agrarian regulation. This study is a normative research using a historical approach, a statute approach, and a conceptual approach. The source of legal materials consisting of primaryand secondary legal materials. Those legal material then is analyzed by applying legal reasoning logically and systematically. The results shows that (1) The nature of justice of nasionality principle of BAL is to fulfill the people’s welfare for the sake of the state as a trustee and representative dimensions of agrarian rights; (2) The principle of nationality in any agrarian regulation sh...
Settlement of Land Rights Disputes (Legal Study of Supreme Court Ruling No. 78 PK/TUN/2011)
Journal of Law, Policy and Globalization
This research discusses the settlement of land rights disputes. The problem is how the basic legal consideration of land rights above the Managemen Rights (hereinafter referred to HPL) certificate in the Special Economic Area Mandalika Central Lombok District and why the dispute on land rights that has a permanent legal force or inmate in the Special Economic Area Mandalika Central Lombok (Supreme Court decision No. 78 PK/TUN/2011) can not be executed. This research aims to know and analyze the basic legal considerations and dispute on land rights that has a permanent legal force or inmate in the Special Economic Area Mandalika Central Lombok (Supreme Court decision No. 78 PK/TUN/2011) can not be executed. This method of research uses normative legal research methods. The approach is used are the conceptual approach, the legislation approach, and the case approach. The result of this research is the first basic consideration of legal ownership of land rights is the regulation of the Minister of Agrarian of the head of National Land Agency number 9 of 1999 about the procedure for granting and annulment of land rights and management rights, government regulation Number 10 of 1961 concerning land registration, government Regulation Number 24 of 1997 about land registration, regulation of the Minister of the Interior number 5 of 1974 about the conditions on the provision and giving of land for corporate purposes, and regulation of the Minister of the Interior number 15 of 1975 about the provisions on the Ordinance of Land acquisition. Secondly, land rights disputes that has a permanent legal force or can not be executed (Incrah) due to rules relating to the application of land rights certificate above Management Rights, has not been set or has been revoked and not valid since the issuance of regulation of the Minister of Agrarian state/head of national Land Agency No. 9 of 1999 on procedures for granting and canceling rights to land and management rights.