Communale Journal
https://online-journal.unja.ac.id/communale
<p style="text-align: justify;">Communale Journal is an open-access journal focusing on natural resources and the environment using perspectives such as legal, economic, socio-cultural, political, defense and security, education, agriculture, forestry, Islamic law, and disaster. This journal is managed and published by the Center for Science and Technology (Pusat Unggulan IPTEKS)-PUI Universitas Jambi. Communale Journal is a medium to post articles or innovative research results for academics, scholars, researchers, students, and practitioners involved in the natural resource utilization field in Indonesia and Global Contexts. We are committed to conducting Scientific publications three times a year, namely in March, July, and November. The editorial team invites scholars (academics, scholars, researchers, students, and practitioners) to submit manuscripts to our journal website based on the journal policies, publication ethics, and copyright and writing guidelines that we have set. The editorial team will accept the manuscript and continue until the publication process only manuscripts that are by our policies, both in terms of writing and the substance of the manuscript. If we find any discrepancies in the manuscript in terms of writing style and substance, the editorial team will respectfully reject the manuscript before editing.</p>Pusat Unggulan Ipteks-PUI Universitas Jambien-USCommunale Journal2987-4297LEGAL PROTECTION FOR LAND RIGHTS HOLDERS IN CASES OF MULTIPLE CERTIFICATES
https://online-journal.unja.ac.id/communale/article/view/37873
<p>Land disputes have become a complex and very frequent problem. Various factors, including multiple certificates, can cause land disputes. This research uses normative methods to approach legal norms and relevant legal substance. Enacted in 1960, the UUPA is Indonesia's primary legal basis governing land rights. The results show that although there are regulations governing land registration and owners' rights, the legal protection provided to holders of property rights certificates still needs to be improved. Title certificates, which are supposed to be strong evidence, often do not give the expected legal certainty, especially when disputes arise. Land rights holders are expected to receive strong legal protection. The research identified that the community's lack of understanding of their rights and the applicable legal procedures exacerbated the situation. The research also emphasizes the need for reforms in the land law system, including increased socialization of land rights to the public and improvements in land registration procedures.</p>Ayu Anggi Anggreyni Simbolon
Copyright (c) 2024 Ayu Anggi Anggreyni Simbolon
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2024-07-082024-07-08202596810.22437/communale.v2i02.37873LAW ENFORCEMENT STRATEGIES IN ADDRESSING CRIMINAL ACTS OF LAND GRABBING
https://online-journal.unja.ac.id/communale/article/view/37875
<p>Land grabbing is a severe problem because it is typical for someone or a group to take over or grab other people's land and claim it as their own. If preventive legal action is not immediately taken, this can threaten the community's rights and sustainable development in Indonesia. This journal looks at the criminal law enforcement strategy in combating the crime of land grabbing by referring to Article 385 of the Criminal Code. The research method used in this journal is the normative juridical analysis research method, which, in this case, observes the effect of existing laws and how challenges arise in their application in society. The study results have shown that the legal regulation needs to be considered adequate to answer Indonesia's land-grabbing problem. The verdict in the case of criminal land grabbing cannot be used to execute the disputed land because the criminal verdict is intended to punish the perpetrator of land grabbing. Meanwhile, a separate court, namely the civil court, must be established to restore victims' rights.</p>Cindy Aulia Putri
Copyright (c) 2024 Cindy Aulia Putri
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2024-07-082024-07-08202697610.22437/communale.v2i02.37875THE VALIDITY OF OWNERSHIP RIGHTS TO LAND BY FOREIGN CITIZEN THROUGH A NOMINEE AGREEMENT
https://online-journal.unja.ac.id/communale/article/view/37862
<p>This research aims to determine the validity of ownership rights to land by foreign citizens (WNA) through nominee agreements. A Nominee Agreement, commonly known as a name transfer or name borrowing agreement, is an agreement made on behalf of another party. The practice of nominee agreements still often occurs, even though foreigners do not have ownership rights by what is regulated in statutory regulations. Foreigners did this to control ownership rights to land in Indonesia and gain personal gain. No specific regulations govern nominee agreements, so law enforcement is not optimal. This research uses a normative juridical method with a statutory and case approach. The research results show that the nominee agreement entered into by foreigners is invalid because it needs to meet the objective elements of the requirements, namely lawful reasons that are already regulated in Article 1320 in the Civil Code.</p>Eka Wulandari
Copyright (c) 2024 Eka Wulandari
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2024-07-082024-07-08202778510.22437/communale.v2i02.37862