Implementation of Oversight by the National Land Agency Against Officials Making Land Deed Who Commits Violations in Padang City Based on Ministerial Regulation Number 2 Year 2018

Dedek Astani, Mardenis Mardenis, Azmi Fendri

Abstract


In state life, everyone has the same rights before the law. Even so, it does not mean that everyone is free to do anything, everything has a rule of law which if violated will be subject to sanctions in accordance with the rules that govern. In other words the law must be upheld in order to create a harmonious life. Enforcement of the law is no exception for Land Deed Making Officials, Land Deed Making Officials can also be subject to sanctions if they violate the rule of law. Therefore, in carrying out their duties, the Land Drafting Officer must obtain supervision so that he does not violate his position. With the Ministerial Regulation Number 2 of 2018 concerning Development and Supervision of Land Deed Making Officials, Land Deed Making Officials must be guided by these rules, so that they can carry out their duties properly. However, when the Land Deed Making Official violates the rules, it is possible to impose sanctions on the Land Deed Making Official, such as a respectful dismissal, an honorable dismissal, a temporary dismissal, or even with a written warning. The method used in this study is the Empirical Method which is analyzed qualitatively. To strengthen the research results, interviews were conducted with relevant parties at the research location. Based on the results of the study it was concluded that the Head of the Regional Office of the National Land Agency / Head of the Land Office has the authority to conduct guidance and supervision of Land Deed Making Officials, where the Head of the Regional Office of the National Land Agency / Head of the Land Office establishes the Supervisory Board and Guidance of Land Drafting Officials to help convey and explain the policies stipulated by the Minister regarding the implementation of his duties as Land Deed Making Officials. Then despite the enactment of Permen Number 2 of 2018, but the law enforcement is not as expected. Land Deed Making Officials who are facing legal problems seem to struggle alone without supervision from the Board of Trustees and Supervisors of Land Deed Making Officials. Even Land Deed Making Officials who have already been convicted did not get sanctions from the National Land Agency or Board of Trustees and Supervisory Land Deed Making Officials. In other words, there is no supervision over the Acting Author of the Land Deed. Furthermore, there are obstacles in carrying out guidance and supervision of Land Deed Making Officials by the National Land Agency and the Board of Trustees and Supervisors of Land Deed Making Officials such as: There are no technical guidelines (technical guidelines) / implementation instructions (operational guidelines) even there is no Standard Operating Procedure (SOP) clear and strict regarding the supervision of the Land Deed Making Official. then the imbalance between the number of the Board of Trustees and Supervisors of Land Drafting Officials and the number of Land Deed Making Officials itself causes the process of supervision by the National Land Agency and the Board of Trustees and Supervisors of Land Deed Making Officials. there are obstacles in carrying out guidance and supervision of Land Deed Making Officials by the National Land Agency and the Board of Trustees and Supervisors of Land Deed Making Officials such as: There are no technical guidelines (technical guidelines) / implementation instructions (operational guidelines) even there is no clear Standard Operating Procedure (SOP) and firmly regarding supervision of the Land Deed Making Official. then the imbalance between the number of the Board of Trustees and Supervisors of Land Drafting Officials and the number of Land Deed Making Officials itself causes the process of supervision by the National Land Agency and the Board of Trustees and Supervisors of Land Deed Making Officials. there are obstacles in carrying out guidance and supervision of Land Deed Making Officials by the National Land Agency and the Board of Trustees and Supervisors of Land Deed Making Officials such as: There are no technical guidelines (technical guidelines) / implementation instructions (operational guidelines) even there is no clear Standard Operating Procedure (SOP) and firmly regarding supervision of the Land Deed Making Official. then the imbalance between the number of the Board of Trustees and Supervisors of Land Drafting Officials and the number of Land Deed Making Officials itself causes the process of supervision by the National Land Agency and the Board of Trustees and Supervisors of Land Deed Making Officials.


Keywords


Oversight; National Land Agency; Customer of Land Deed Making Official

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References


AP Parlindungan, Land Registration in Indonesia, based on Government Regulation 24 of 1997, supplemented by Regulation on the Position of Land Deed Maker (Government Regulation 37 of 1998), Mandar Maju, Bandung, 1999.

Bambang Sunggono and Aries Harianto, Legal Aid and Human Rights, Mandar Maju, Bandung, 2009.

Habib Adjie (Habib 1), Meropong Khazanah Notary and Acting Officer for Indonesian Land Deed (Collection of articles on Notary and Acting Author of Land Deed), Citra Aditya Bakti, Bandung, 2009.

Jimly Asshiddiqie, KR Ideas in the Constitution and Its Implementation in Indonesia, Rajawali Press, Jakarta, 1994.

Salim HS, Deed Making Technique for Land Deed Making Official (Land Deed Making Official), Rajawali Press, Jakarta, 2016.




DOI: http://dx.doi.org/10.18415/ijmmu.v7i6.1776

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