Image of Kedudukan Hukum Tanah Marga Dalam Pelaksanaan Otonomi Daerah (Penelitian Normatif Terhadap Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA) dan Undang-Undang Nomor 32 Tahun 2004 Tentang Pemerintahan Daerah)

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Kedudukan Hukum Tanah Marga Dalam Pelaksanaan Otonomi Daerah (Penelitian Normatif Terhadap Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA) dan Undang-Undang Nomor 32 Tahun 2004 Tentang Pemerintahan Daerah)

ABSTRACTrnrnAgrarian Law (UUPA) has been substantive in putting an end to and removing dualism as well as developing agrarian or national land laws oriented towards the welfare of all members of society. These particular laws have a social function by respecting certain rights and being straightforward. Furthermore, they provide legal certainly and establish traditional law as their basic principle or foundation. Acknowledgment and appreciation for regional ownership rights (hak ulayat) and the rights of Traditional Law-based Society form the means of legal protection, legal certainty and justice. Acknowledgment of the letter has acquired a solid base, which is included in UUPA as advised in Article 33, subsection (3) of the 1945 Constitution. Generally speaking, this piece of research aims to sketch and explore the concept and various principles of Tanah Marga, its legal status in the Implementation of Regional Autonomy and the appropriate base in the regulations for national land-related affairs in a complex, pluralistic society, in accordance with Article 33, subsection (3) of the 1945 Constitution, as clarified in Law No. 5 of 1960 Concerning Basic Regulations for Agrarian Affairs and Law No. 32 of 2004 Concerning Regional Governmental Administration.rnrnBased on the Theory of Entitlement as the grand theory (basic theory), the historical school of thought as the middle-rage theory, and the legal development theory by way of applied theory, this piece of research employs the analytical-descriptive method with a normative approach, supported by empirical research by way of guideline. The secondary data required have been obtained through the study of documentation and the relevant literature, whereas the field data (empirical) have been obtained through research conducted in six Regencies located in the province of North Sumatra, namely Tapanuli Utara, Toba Samosir, Samosir, Karo, Dairi, and Tapanuli Selatan. All data collected in this manner have been processed and analysed with the qualitative-juridical method.rnrnFrom the outcome of collecting the various data and legal materials it can be concluded that legal protection of the various rights of a Traditional Law-based Society is not quite satisfactory yet in terms of its implementation, and that is is inconsistent with the 1945 Constitution. In practice, tanah marga in its developmental stage has been concerned with matters pertaining to the inheritance process, and has developed in the direction of the aforementioned UUPA. Likewise, Jurisprudence has a role to play in setting cases that are based on the principles or norms of traditional law. PMNA No.5/Ka. BPN of 1999 can actually provide a legal umbrella by implementing Article 3 of the UUPA Law. The criteria used for establishing whether the above-mentioned rights exist or not tend to be more harmful to this particular society and have not observed or reflected legal justice. Legal regulations that are not in accordance with society's sense of justice are bound to produce injustice and trigger chaos. The transfer of partial authority in the agrarian field to the Regency level based on Presidential Decree Keppres No. 34 of 2003 Concerning National Policy in the field of Agrarian Affairs, although based on the principle of decentralization that gives extensive autonomy to the region, has not been fully consistent with the principles mentioned above. Acknowlegment by way of restricting regional rights and Traditional Law-based Society constitutes the measure of eliminating traditional law. Therefore, one needs to pay attention to traditional laws as the foundation of the new national law concerning land-related matters, that is to say to the values and various legal principles as its basis. PMNA/Ka.BPN No.5 of 1999 needs to be altered at the same level as other laws to enjoy the status of legality.

Ketersediaan
(D)-346.04325981-kTersedia
Informasi Detail
Judul Seri
-
No. Panggil
(D) 346.043 259 81 SAM k
Penerbit
Bandung : Program Doktor Ilmu Hukum Program Pascasarjana Universitas Katolik Parahyangan.,
Deskripsi Fisik
xx, 504 p. : il. ; 30 cm
Bahasa
Indonesia
ISBN/ISSN
-
Klasifikasi
346.043 259 81
Tipe Isi
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Tipe Media
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Tipe Pembawa
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Edisi
-
Subjek
LAND TENURE (ADAT LAW)
Info Detail Spesifik
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Pernyataan Tanggungjawab
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