Answered by: Setiyo Budi, SH, MH The case of your brother above may not be clear in the initial chronology of the alleged land grabbing or possession that was violated by the village head's son. Before moving on to this point, let's look back at your parents' land ownership. First, of course, I asked about the letters that you have, whether they are Girik/letter C, or AJB and maybe a certificate letter. Thus, what I ask and explain in a bit, surely you will think about what ownership you already have and the most important thing related to this issue is of course the control of the land owned by you, whether the land is managed or left alone. In accordance with the story of the brothers, the land and the house are occupied by the brothers. I just think positively that you have mastered the physical and paid taxes for 50 years, meaning that you take care of and care for the land. Thus, what the Lurah's son did clearly violates the Criminal law regarding land grabbing, meaning that you can report it to the authorities if the matter cannot be resolved through negotiations and you have strong evidence of ownership of the land in question.
The Criminal Code regulates land grabbing in Article 167. The contents of these articles are as follows: "Article 167 1. Whoever forces his way into a house, room or closed yard used by another person against the law or is there against the law, and the requester who has the right or his errands does not leave immediately, shall be punished by a maximum imprisonment of nine months or a maximum fine of four thousand five hundred rupiahs; 2. Whoever enters by breaking or climbing, using a false key, a false order or a false official attire, or who does not know the person who is entitled to it beforehand and not because of ignorance, enters and is found there at night, is considered to have forced his way into it; 3. If he makes threats or uses means that can frighten people, he shall be punished by a maximum imprisonment of one year and four months; 4. The punishment referred to in paragraphs 1 and 3 may be increased by a third if two or more persons commit the crime in an alliance." Based on the provisions of paragraph (1) above, what is meant by land grabbing is forcing entry into a closed yard/room/house of another person. other people without the permission of the rightful. Therefore, every person owns a yard or land, then it is his duty to fence/cover the land in the yard. Furthermore, there will be a question whether a land that is not fenced is also included in the element of "closed yard land" in Article 167, so the condition of the land must first be known. If the land already has boundaries that have been installed in the form of stakes, and the rightful party has placed a prohibition on anyone from entering the land, then the land in the yard is closed.
As for this matter, the entitled party has the obligation to maintain his land and/or manage it so as to prevent other parties from entering the yard. Article 167 paragraph (2) of the Criminal Code is the meaning of "forced entry" in Article 167 paragraph (1) of the Criminal Code, namely entering by damaging and/or climbing, using fake keys or using fake positions. In addition to confiscation as referred to in Article 167 of the Criminal Code, there are other actions related to land grabbing as regulated in Article 385 paragraph (1) to paragraph (6) of the Criminal Code which in full reads as follows: "Article 385. Threatened with imprisonment for a maximum of four years: Any person who, with the intention of unlawfully benefiting himself or another person, sells, exchanges or burdens with a creditverband a land right that has been certified, a building, building, planting or seeding on land that has not been certified, even though it is known that the owner or also having rights on it are other people; 2. whoever with the same intention sells, exchanges or burdens with a creditverband, an uncertified land right that has been encumbered with a creditverband or a building 3. whoever with the same intention holds a creditverband regarding an uncertified land right.
By hiding to the other party that the land related to the aforementioned rights has been mortgaged; 4. any person who, with the same intention, mortgages or leases land with land rights that have not been certified, even though it is known that other people own or also have rights to the land; 5. whoever for the same purpose sells or exchanges land for uncertified land rights that have been pawned, even though he has not notified the other party that the land has been pawned; 6. whoever with the same intention sells or exchanges land for land rights that have not been certified for a period, even though it is known that the land has been leased to another person for that period. Article 385 of the Criminal Code is different from Article 167 of the Criminal Code, because Article 385 of the Criminal Code deals with the actions of parties who commit crimes with third parties, while Article 167 of the Criminal Code has nothing to do with third parties. This means that Article 385 must involve third parties, including but not limited to buyers, guarantors and/or creditors who then obtain rights from the perpetrators of the crime who actually do not have any rights to take legal action on the parcel of land. If Article 167 of the Criminal Code only limits it to a closed yard/house/room, then Article 385 requires that the plot of land in question has been registered with a certificate. In addition, regarding occupying other people's land, it can be seen in Regulation in Lieu of Law Number 51 of 1960 concerning the Prohibition of Use of Land without the Rightful Permit or Proxy (Perppu 51/1960). Perppu 51/1960 regulates the prohibition of 1. using land without the rightful permit or legal proxy.
The village head is the person who serves as the organizer of the village government.
2. Using land is occupying, working on and/or concerning a plot of land or having plants or buildings on it, without question whether the building is used alone or not. 3. Using land without the rightful permit or legal proxies is a prohibited act and is punishable by a criminal penalty of imprisonment for a maximum of 3 (three) months and/or a fine of up to Rp. 5,000. This penalty also applies to people who provide assistance in any way to carry out acts of using land without the permission of the party entitled to the land. Therefore, village heads who provide assistance in land grabbing (occupation of land by others), can also be punished. In addition to Perppu 51/1960, the village head can also be subject to criminal sanctions under the Criminal Code. The village head is the person who serves as the organizer of the village government. Land grabbing acts that are carried out can also be subject to Article 424 of the Criminal Code. In Article 167 2. Perppu 51/1960 3. PP No. 24 of 1997 concerning Land Registration DISCLAIMER: Answers to legal consultations are solely as legal opinions and are not binding as court decisions. We ask you to fill out the Community Satisfaction Index survey for free legal consultation services.
Are you planning to buy an automatic car? Or planning to ride it in the near future? Maybe you already know that the way to drive an automatic car is different from the usual car, which shifts the gears manually. Automatic cars have automatic transmissions, where the automatic car gearshift system is designed to be able to move without having to step on the clutch pedal. Automatic transmission has two types of systems, both of which are also known to be simpler and easier, namely semi-automatic and automatic systems. This is How to Check Jakarta Number Plates, Easy! Even though it's automatic, it doesn't mean that driving an automatic type car is just playing the gas and brakes. You also have to be required to have a good feeling in measuring engine power because automatic cars also have transmissions that you can adjust depending on your needs. You will meet the automatic transmission lever with the code P, R, N, D, D3, 2 and L. If you are a new player in driving an automatic car, you are definitely confused by the letters and numbers that are rarely found. 9 Ways to Get Rid of Stickers on Motorcycles, Smooth Back Again! How to Check Vehicle Number Plate Owners Online, Easy! Complete Car Window Film Price List, Must Know! Well, to help you recognize a dead car gear, Qoala will explain in full about automatic car gear, from how to drive it, the meaning and function of each of the codes above and other information you need to drive an automatic car through this review.
If it's your first time driving an automatic car, you may be a little confused about how to drive it. Especially if you are used to using a manual car, which has a different way of operating the gear from the automatic one. This is because you don't have to adjust the clutch or shift gear because it's done automatically. You just need to stop and go without shifting gears or playing the clutch. But if you are not used to having to be careful, you might get confused between the brake pedal and the pedal or the wrong way to use the automatic car gear. Not infrequently heard of accidents because they are not familiar with how to shift gears automatic cars that are not familiar. Therefore you must know some important things in how to drive an automatic car below. As a beginner you need to be careful so that the lever is always in the correct position. First before starting the engine, the lever position must be in the P position or in the N position. Do not position the lever in reverse or R, these positions are used to reverse. If the lever is in the R position, the car will not start when it is started.
When you enter the key, do not immediately start the engine. You should wait for the needle to spin until the indicator is active or lit which indicates the electricity is ready. Some types of automatic cars provide an indicator in the form of sound when the car is really ready to be started. When first starting, it is recommended to step on and hold the brake pedal for safety reasons because you are afraid that the car will suddenly accelerate forward. Some automatic cars have an automatic procedure that keeps the engine running if you don't press the brake pedal, although some don't. When the engine is on and you want to start moving, the first step that needs to be done is to change the gear position of your automatic car which was originally in position P or N, to position R to go backwards or D to go forward. It is important to depress the brake pedal at the same time as moving the lever in gear. This method can prevent damage to the machine. The transmission lever aka gear or automatic car gear is an important component that affects the speed of the car.
In general, whether it's Agya automatic car gear, Mobilio automatic car gear or others have DSLPR and N automatic car gears. Well, you need to understand each function of the automatic car gear. Riding mode or driving mode is present as a supporting feature in automatic cars now with varied choices. You can choose the mode that suits your needs, one of which is the economic mode. This economical mode is suitable for those of you who want to drive an automatic car more relaxed. If you want to go at a higher speed, you can choose the sport mode. This mode will set the car engine to maximum performance. There are still several more types of modes offered, please learn and use as needed. Automatic cars are also usually equipped with manual mode. Even though it's called manual, it doesn't mean you will operate it the same as a non-matic car. That's roughly how to drive an automatic transmission car alias matic. It's actually simpler and more practical than the manual one, but if you're not familiar, it takes time to adjust. Especially from the transmission side which uses different codes. Not only numbers that indicate the order of teeth as in manual cars, but the shape of the teeth of automatic cars also uses a code in the form of letters to indicate their respective functions. What are the codes and their functions? Let's move on to the next discussion. As already mentioned a little above, in general, the transmission lever is marked with letters and numbers, namely P, R, N, D, 2, and L. This is standardly applied to various brands, be it in Xpander automatic car gears, gear shifters Honda Jazz automatic car, Ayla automatic car gear and even Avanza automatic car gear.