The Existence Of Land Ownership Based On Land Certificate (SKT) In Namo Gajah Village, Medan Tuntung District, Medan City (Study Of Supreme Court Decision Number: 1083 K /PDT /2016)

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The Existence of Land Ownership Based on Land Certificate (SKT) in Namo Gajah Village, Medan Tuntung District, Medan City

Introduction

Land ownership disputes are a common issue in many parts of the world, including Indonesia. The case of Ahmad Faisal Harahap vs. Yopie S. Batubara, which was decided by the Supreme Court in 2016, highlights the complexities of land ownership in Indonesia. This study aims to examine the existence of land ownership based on Land Certificate (SKT) in Namo Gajah Village, Medan Tuntung District, Medan City, and to analyze the factors that weaken the power of land ownership based on SKT.

Background

M. Rasul Harahap (late) obtained a plot of land covering 6,720 m² from Nembai Ginting through a sale and purchase transaction in 1977, which was then documented in a Certificate Certificate (SKGR) in 1984. After M. Rasul Harahap died, his son, Ahmad Faisal Harahap, inherited the land. However, when Ahmad Faisal Harahap visited the location of the land, he found that the land had been controlled by Yopie S. Batubara, which had a Certificate of Building Use Rights (SHGB) issued in 2006, as well as a measuring letter and building permit issued in 2004 and 2010.

Research Purposes

This research aims to:

  1. Know the existence of land ownership based on the SKT issued by the Camat. This study aims to examine the existence of land ownership based on SKT in Namo Gajah Village, Medan Tuntung District, Medan City.
  2. Analyze the judge's consideration in determining the position of land ownership based on the SKT related to the Supreme Court's decision No. 1083 K/PDT/2016. This study aims to analyze the factors that influence the judge's decision in determining the position of land ownership based on SKT.
  3. Examine the factors that weaken the power of land ownership based on SKT and legal efforts that can be taken. This study aims to examine the factors that weaken the power of land ownership based on SKT and to identify the legal efforts that can be taken to strengthen the position of SKT.

Research Methods

This type of research is a normative juridical research, which analyzes and interprets legislation and relevant court decisions.

Research Conclusion

  1. The existence of SKT: SKT is recognized in the Agrarian Act (UUPA), Government Regulation No. 10 of 1961 concerning Land Registration, and Government Regulation No. 24 of 1997. However, in practice, SKT's legal position is often ignored even though it can be used as physical evidence of land ownership.
  2. Judge's Consideration: The Panel of Judges at Level I and the Cassation argues that the SKT from the sub-district head and a certificate from a notary are considered a deed under the hand that cannot defeat the power of the SHGB evidence. However, Ahmad Faisal Harahap can show material evidence which states that SKT should have a stronger position than SKGR. In addition, there is doubt about the truth of SKGR and SKT owned by Yopie S. Coal, because documents from the National Land Agency (BPN) are not included in the trial.
  3. Factors causing SKT Ownership Weak: Weaknesses in the land registration system and irregular negative publications in past administration of land administration are the main factors that weaken the position of SKT.

Additional Analysis and Explanation

The existence of SKT as one of the physical proofs of land ownership in Indonesia raises challenges in the implementation of land law. Although recognized by the law, legal uncertainty is still a serious problem. This can be seen in the case of Ahmad Faisal Harahap who should get better legal protection.

The land registration system in Indonesia still faces many obstacles, especially in terms of transparency and accuracy of ownership data. The absence of strong documents from BPN in the trial raises doubts about the validity of the certificate owned by another party. This shows the importance of reforms in the land system so that community rights are well protected and land disputes can be resolved fairly.

In terms of policy, it is necessary to increase awareness and legal education for the community about the importance of valid ownership of land, as well as strengthening institutions in land administration so that similar problems do not happen in the future. The existence of SKT as valid evidence must be maximized through better legal implementation and support from all levels of society.

Conclusion

This study aims to contribute to the understanding and development of land law in Indonesia, as well as being a reference for the parties concerned in dealing with land disputes. The existence of SKT as one of the physical proofs of land ownership in Indonesia raises challenges in the implementation of land law. Therefore, it is necessary to increase awareness and legal education for the community about the importance of valid ownership of land, as well as strengthening institutions in land administration so that similar problems do not happen in the future.

Recommendations

  1. Strengthening the land registration system: The land registration system in Indonesia should be strengthened to ensure transparency and accuracy of ownership data.
  2. Increasing awareness and legal education: The community should be aware of the importance of valid ownership of land, and legal education should be provided to ensure that the community understands the law.
  3. Strengthening institutions in land administration: Institutions in land administration should be strengthened to ensure that land disputes can be resolved fairly and that community rights are well protected.

Limitations of the Study

This study has several limitations, including:

  1. Limited scope: This study only examines the existence of land ownership based on SKT in Namo Gajah Village, Medan Tuntung District, Medan City.
  2. Limited data: The data used in this study is limited to the case of Ahmad Faisal Harahap vs. Yopie S. Batubara.
  3. Limited analysis: This study only analyzes the factors that weaken the power of land ownership based on SKT and does not examine other factors that may influence the position of land ownership.

Future Research Directions

Future research should examine the following:

  1. The impact of the land registration system on land ownership: The impact of the land registration system on land ownership should be examined to determine whether the system is effective in ensuring transparency and accuracy of ownership data.
  2. The role of institutions in land administration: The role of institutions in land administration should be examined to determine whether they are effective in resolving land disputes and protecting community rights.
  3. The effectiveness of legal education and awareness programs: The effectiveness of legal education and awareness programs should be examined to determine whether they are effective in increasing awareness and understanding of the law among the community.
    Q&A: The Existence of Land Ownership Based on Land Certificate (SKT) in Namo Gajah Village, Medan Tuntung District, Medan City

Q: What is the purpose of this study?

A: The purpose of this study is to examine the existence of land ownership based on Land Certificate (SKT) in Namo Gajah Village, Medan Tuntung District, Medan City, and to analyze the factors that weaken the power of land ownership based on SKT.

Q: What is the significance of this study?

A: This study is significant because it highlights the complexities of land ownership in Indonesia and the challenges faced by landowners in proving their ownership. It also provides insights into the factors that weaken the power of land ownership based on SKT and the need for reforms in the land system.

Q: What are the main findings of this study?

A: The main findings of this study are:

  1. The existence of SKT: SKT is recognized in the Agrarian Act (UUPA), Government Regulation No. 10 of 1961 concerning Land Registration, and Government Regulation No. 24 of 1997. However, in practice, SKT's legal position is often ignored even though it can be used as physical evidence of land ownership.
  2. Judge's Consideration: The Panel of Judges at Level I and the Cassation argues that the SKT from the sub-district head and a certificate from a notary are considered a deed under the hand that cannot defeat the power of the SHGB evidence. However, Ahmad Faisal Harahap can show material evidence which states that SKT should have a stronger position than SKGR. In addition, there is doubt about the truth of SKGR and SKT owned by Yopie S. Coal, because documents from the National Land Agency (BPN) are not included in the trial.
  3. Factors causing SKT Ownership Weak: Weaknesses in the land registration system and irregular negative publications in past administration of land administration are the main factors that weaken the position of SKT.

Q: What are the implications of this study?

A: The implications of this study are:

  1. Need for reforms in the land system: The study highlights the need for reforms in the land system to ensure that land ownership is secure and that land disputes can be resolved fairly.
  2. Importance of valid ownership of land: The study emphasizes the importance of valid ownership of land and the need for landowners to take steps to protect their rights.
  3. Need for awareness and legal education: The study highlights the need for awareness and legal education among the community about the importance of valid ownership of land and the need for landowners to take steps to protect their rights.

Q: What are the limitations of this study?

A: The limitations of this study are:

  1. Limited scope: This study only examines the existence of land ownership based on SKT in Namo Gajah Village, Medan Tuntung District, Medan City.
  2. Limited data: The data used in this study is limited to the case of Ahmad Faisal Harahap vs. Yopie S. Batubara.
  3. Limited analysis: This study only analyzes the factors that weaken the power of land ownership based on SKT and does not examine other factors that may influence the position of land ownership.

Q: What are the future research directions?

A: The future research directions are:

  1. The impact of the land registration system on land ownership: The impact of the land registration system on land ownership should be examined to determine whether the system is effective in ensuring transparency and accuracy of ownership data.
  2. The role of institutions in land administration: The role of institutions in land administration should be examined to determine whether they are effective in resolving land disputes and protecting community rights.
  3. The effectiveness of legal education and awareness programs: The effectiveness of legal education and awareness programs should be examined to determine whether they are effective in increasing awareness and understanding of the law among the community.

Q: What are the recommendations of this study?

A: The recommendations of this study are:

  1. Strengthening the land registration system: The land registration system in Indonesia should be strengthened to ensure transparency and accuracy of ownership data.
  2. Increasing awareness and legal education: The community should be aware of the importance of valid ownership of land, and legal education should be provided to ensure that the community understands the law.
  3. Strengthening institutions in land administration: Institutions in land administration should be strengthened to ensure that land disputes can be resolved fairly and that community rights are well protected.