Implementasi Kewenangan Kantor Wilayah Badan Pertanahan Nasional Provinsi Sumatera Utara Dalam Penyelesaian Sengketa Pertanahan (Studi Terhadap Penyelesaian Sengketa Tanah Negara Bekas Hak Guna Bangunan NO. 1/Sitirejo)
| Main Author: | Situmorang, Masniari |
|---|---|
| Other Authors: | Yamin, Muhammad, Tarigan, Pendastaren, Gani, Syafnil |
| Format: | Masters |
| Bahasa: | ind |
| Subjects: | |
| Online Access: |
http://repository.usu.ac.id/handle/123456789/31371 |
Daftar Isi:
- UUPA (Land Act) constitutes a populist spirit which means giving the priority to the benefit of the people. UUPA does not deal with land disputes because the UUPA, supported by land structuring program, can prevent and, especially, handle land disputes by bringing them to the Court. In reality, this populist spirit is cleaned up by the interest of investment and the land program is not carried out so that the people have a claim on it; in consequence, land disputes appear. Since judicial system is not trusted by many people, the alternative solution is by mediation and legal provisions which give the authority to Kanwil BPN (Head of Land Board Regional Office) of North Sumatera to handle land disputes. In order to prove the authoritative implementation of Kanwil BPN of North Sumatera in handling land disputes, it is necessary to investigate the dispute of the ex-building right of land No. 1/Sitirejo between HARTANTO PRASETYA and PT. PD. HORAS. In order to analyze this case, it is necessary to do a descriptive qualitative research by using judicial normative approach. The data were analyzed by using the field study and obtained by using secondary data. From the results of the research, it be concluded that 1. The authoritaty of Kanwil BPN of North Sumatera in handling land disputes has been regulated in the legal provisions; that is, in the President’s Decree No. 26/1988 and the Presidential Regulation No. 10/2006 on BPN with its formal regulation in the Regulation of Head of the Land Board No. 3/2011. 2. The authoritative implementation in handling the dispute of the ex-Building Rights of the State land No.1/Sitirejo between HARTANTO PRASETYA and PT. PD. HORAS was Kanwil BPN of North Sumatera which conducted as the mediator. Consequently, there was an agreement between the two parties which was realized in an official document which issued the land rights to one of the parties so that the land dispute was settled. 3. The obstacle in the authoritative implementation in handling land disputes is the unpreparedness of the parties concerned to play their active role, the lack of the legal provisions on this special case, and the unskilled officials. Meanwhile, the ways how to handle the case are by giving the parties understanding, programming the regulations which can be followed, and increasing the officials’ knowledge and skills in order that they are able to handle land disputes. It is recommended that the authoritative regulation in handling land disputes should be socialized, more complete land regulations concerning land rights should be enacted, and the knowledge of the officials on duty in handling land disputes should be increased.
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