Juridical Analysis Of Settlement Of Dispute Publishing Rights Above The Right To Use At The Serdang Bedagai Regency Land Office (Case Study: Supreme Court Decision No. 286 K/TUN/2015)

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Juridical Analysis of Settlement of Dispute Publishing Rights above the Right to Use at the Serdang Bedagai Regency Land Office (Case Study: Supreme Court Decision No. 286 K/TUN/2015)

Introduction

The problem of land in Indonesia, especially in Serdang Bedagai Regency, is increasingly complex in line with the limited land and increasing demand. Legal uncertainty often arises due to overlapping rights to land, both the same and different. This has the potential to cause disputes between land rights owners. This research focuses on juridical analysis of the resolution of disputes for issuing property rights above the Right to Use (HGU), with a case study of Supreme Court Decision No. 286 K/TUN/2015.

Land Registration in Indonesia

Land registration in Indonesia aims to provide legal certainty for landowners. The land registration system that adopts negative publications with a positive tendency to provide strong evidence, but is not absolute. This means, every decision taken can still be tested in court. The process of cancellation of land rights that occurs due to administrative disabilities must follow the legal decision that is valid and recognized. The court decision must be followed up by the National Land Agency (BPN) by issuing a decree to cancel the certificate of land rights concerned.

Methodology

In this study, the methods used are descriptive analytic and normative juridical with the literature study approach. Data is collected through interviews and analysis is carried out qualitatively and deductively. The results showed that the Serdang Bedagai Regency Land Office could not cancel Certificate No. 66/Desa Kotarih Baru, because the certificate is still the object of mortgage at PT Bank Rakyat Indonesia. Therefore, mediation needs to be held between the creditor and PT Sri Rahayu Agung as the holder of HGU.

Analysis of the Case Study

The case study of Supreme Court Decision No. 286 K/TUN/2015 highlights the importance of proper land management and the need for clear policies in land registration. The decision shows that the Serdang Bedagai Regency Land Office failed to cancel Certificate No. 66/Desa Kotarih Baru due to administrative disabilities. This highlights the need for effective communication and coordination between government institutions and stakeholders involved in land management.

Solution to the Problem

As a solution, when the application for extension of HGU Certificate No. 2/Kutarih has just been submitted, the application should be approved to prevent illegal occupation by the surrounding community. This is important so that the land that has ended in force is not controlled by unauthorized parties. Land included in the Cancel Certificate of Ownership that has been canceled must also be excluded from the extension of the HGU so as not to cause confusion in the future.

Conclusion

With this analysis, it is hoped that related stakeholders in Serdang Bedagai Regency can better understand and apply the law appropriately in the resolution of land disputes. Good law enforcement and clear policies in land management are needed to create legal certainty and reduce land conflicts in the community. Fair and transparent settlement will not only provide certainty for rights owners, but will also increase public confidence in government institutions that manage land.

Recommendations

Based on the analysis, the following recommendations are made:

  1. Improvement of Land Management System: The land management system in Serdang Bedagai Regency needs to be improved to prevent administrative disabilities and ensure effective communication and coordination between government institutions and stakeholders involved in land management.
  2. Clear Policies in Land Registration: Clear policies in land registration are needed to ensure that land rights are properly registered and that disputes are resolved in a fair and transparent manner.
  3. Mediation and Conflict Resolution: Mediation and conflict resolution mechanisms need to be established to resolve disputes between land rights owners and government institutions.
  4. Public Awareness and Education: Public awareness and education programs need to be implemented to educate the community about the importance of proper land management and the need for clear policies in land registration.

Future Research Directions

This study highlights the need for further research on the following topics:

  1. Land Management System: A study on the effectiveness of the land management system in Serdang Bedagai Regency and its impact on land conflicts.
  2. Clear Policies in Land Registration: A study on the development of clear policies in land registration and their impact on land disputes.
  3. Mediation and Conflict Resolution: A study on the effectiveness of mediation and conflict resolution mechanisms in resolving land disputes.
  4. Public Awareness and Education: A study on the effectiveness of public awareness and education programs in promoting proper land management and clear policies in land registration.
    Frequently Asked Questions (FAQs) on Juridical Analysis of Settlement of Dispute Publishing Rights above the Right to Use at the Serdang Bedagai Regency Land Office

Q: What is the main objective of this research? A: The main objective of this research is to conduct a juridical analysis of the resolution of disputes for issuing property rights above the Right to Use (HGU) at the Serdang Bedagai Regency Land Office, with a case study of Supreme Court Decision No. 286 K/TUN/2015.

Q: What is the significance of this research? A: This research is significant because it highlights the importance of proper land management and the need for clear policies in land registration. It also provides insights into the challenges faced by the Serdang Bedagai Regency Land Office in resolving land disputes and offers recommendations for improvement.

Q: What are the key findings of this research? A: The key findings of this research include:

  • The Serdang Bedagai Regency Land Office failed to cancel Certificate No. 66/Desa Kotarih Baru due to administrative disabilities.
  • The court decision must be followed up by the National Land Agency (BPN) by issuing a decree to cancel the certificate of land rights concerned.
  • Mediation needs to be held between the creditor and PT Sri Rahayu Agung as the holder of HGU.

Q: What are the implications of this research? A: The implications of this research are:

  • The need for effective communication and coordination between government institutions and stakeholders involved in land management.
  • The importance of clear policies in land registration to ensure that land rights are properly registered and that disputes are resolved in a fair and transparent manner.
  • The need for mediation and conflict resolution mechanisms to resolve disputes between land rights owners and government institutions.

Q: What are the recommendations of this research? A: The recommendations of this research include:

  • Improvement of the land management system in Serdang Bedagai Regency.
  • Development of clear policies in land registration.
  • Establishment of mediation and conflict resolution mechanisms.
  • Public awareness and education programs to promote proper land management and clear policies in land registration.

Q: What are the limitations of this research? A: The limitations of this research include:

  • The study is limited to the case of Supreme Court Decision No. 286 K/TUN/2015.
  • The study only focuses on the juridical analysis of the resolution of disputes for issuing property rights above the Right to Use (HGU).
  • The study does not consider other factors that may influence land disputes, such as economic and social factors.

Q: What are the future research directions? A: The future research directions include:

  • A study on the effectiveness of the land management system in Serdang Bedagai Regency and its impact on land conflicts.
  • A study on the development of clear policies in land registration and their impact on land disputes.
  • A study on the effectiveness of mediation and conflict resolution mechanisms in resolving land disputes.
  • A study on the effectiveness of public awareness and education programs in promoting proper land management and clear policies in land registration.

Q: What are the implications for policy and practice? A: The implications for policy and practice include:

  • The need for government institutions to improve their communication and coordination with stakeholders involved in land management.
  • The importance of developing clear policies in land registration to ensure that land rights are properly registered and that disputes are resolved in a fair and transparent manner.
  • The need for mediation and conflict resolution mechanisms to resolve disputes between land rights owners and government institutions.
  • The need for public awareness and education programs to promote proper land management and clear policies in land registration.