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All Journal JURNAL ILMIAH SIMANTEK JURNAL ILMIAH KOHESI
SANIAH .
UNIVERSITAS DELI SUMATERA, MEDAN
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DINAMIKA PENGATURAN PERJANJIAN BAGI HASIL TANAH PERTANIAN DARI HUKUM ADAT KEPADA UNDANG-UNDANG SANIAH .
JURNAL ILMIAH SIMANTEK Vol 6 No 2 (2022): JURNAL ILMIAH SIMANTEK
Publisher : LP2MTBM MAKARIOZ

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Abstract

Transactions for agricultural land yields are initially regulated by local customary law where the agreement is executed. The implementation of the agreement is only based on the agreement. In this condition, the regulations based on the law do not protect the interests of the cultivicators. After the promulgation of law no. 2 of 1960 and its implementing regulations promulgated in Presiden Instruction no. 13 of 1980, the profit sharing agreement must be stated in writing. Additional institutions that are always attached to profit sharing agreements according to customary law, such as sromo and mesi have been removed. Thus, with the dynamics of the arrangement of profit sharing agreements, the rights of the cultivators are more protected.
IMPLEMENTASI ASAS FUNGSI SOSIAL HAK ATAS TANAH DAN HUBUNGANNYA DENGAN PENGADAAN TANAH UNTUK KEPENTINGAN UMUM SANIAH .
JURNAL ILMIAH KOHESI Vol 7 No 3 (2023): JURNAL ILMIAH KOHESI
Publisher : LP2MTBM MAKARIOZ

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Abstract

The principle of the social function of land rights contained in article 6 of UUPA No. 5 of 1960, implies that in individual rights there are also community rights, the stronger the pressure from society or the public interest, the more individu interests must give away. The principle of the social function of land rights should not be interpreted as meaning that individual rights can be ignored for the sake of development. Therefore, in relation to land acquisition for the public interest, it is essentially the implementation of the principle of the social function of land rights. Still, the law states that for people whose land is taken by the government, the holder of land right rights is obliged to get proper and fair compensation.
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