International Journal of Humanities and Social Science Research

International Journal of Humanities and Social Science Research


International Journal of Humanities and Social Science Research
International Journal of Humanities and Social Science Research
Vol. 5, Issue 6 (2019)

Reconstruction of transitional rights of former eigendom land rights in Indonesia based on justice


Pandapotan Damanik, Gunarto, Sri Endah Wahyuningsih

The purpose of this research is to find out and analyze the transfer of land rights to former eigendom rights according to the current positive law; the transfer of land rights to former eigendom rights not based on justice values; legal reconstruction of the transfer of land rights to former eigendom rights based on the value of justice. This type of research used in this dissertation is to use the method of doctrinal law research. The approach of this research approach sosiolegal (sociolegal research), namely, that an alternative approach that tested the study doctrinal against the law. This research was analyzed using qualitative data analysis techniques. The results of this study are (1) literally interpreted that Eigendom is a permanent property right on land and Verponding is a tax bill for the said land or land and building. Conversion of rights from eigendom does not always become a property, because conversions must pay attention to the requirements for granting a right regulated in the LoGA. Actually, the conversion should be set ah BAL enacted, or at the latest twenty years later, but due to the ignorance of the community or keitdakmampuan take care of the conversion rights eigendom be a certificate is still a lot of land which is still attached to the right to be Eigendom Ve rponding; (2) Transition of land rights ex-rights eigendom not based on values of justice because of p roses conversion of land rights from the rights of the west (including eigendom) can be directly carried out the conversion along the petitioner is still seba gai land-rights holders in evidence or if it has not yet been transferred to the name of another person, and there is a map / measurement letter, then the bookkeeping is simply done by giving a stamp mark on the evidence by writing down the type of rights and the number of rights converted; and (3) Physical control of land is not always done directly by the applicant, but physical management is given to other parties to manage it with an agreement or agreement between them. The applicant is not always domiciled or in an area where the land for which the right of ownership is being applied for, and generally regarding the documents regarding the evidence of the petition for the land, is in the hands of the ruler and the person who manages it does not know about it. With the management given to other parties, it is not the basis of the land manager being the applicant for ownership of the land.
Pages : 19-25