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All Journal Jurnal Hukum Lex Generalis Mahadi : Indonesia Journal of Law
Muhammad Yamin Lubis
Universitas Sumatera Utara
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Kepastian Hukum Penguasaan Tanah oleh Pemerintah Daerah yang Berasal dari Peminjaman dalam Sengketa dengan Ahli Waris (Studi Putusan Mahkamah Agung Nomor 3580 K/Pdt/2023) Marihot Doni Putra Sitanggang; Muhammad Yamin Lubis; Rosnidar Sembiring
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i9.1970

Abstract

Land ownership disputes between local governments and heirs become increasingly complex when involving land that originally came from a loan arrangement. The case of Lapangan Akso Dano in Supreme Court Decision No. 3580 K/Pdt/2023. The research problems include: first, the legal certainty of land possession status by the local government; second, the legal Construction for protecting regional assets originating from loaned land that has been physically possessed for an extended period; and third, the legal analysis of the judges’ considerations in Supreme Court Decision No. 3580 K/Pdt/2023 regarding land ownership disputes involving loaned land to the local government. This research employs a normative juridical method. The study reveals that legal certainty over land possession by local government is comprehensively regulated through a legal hierarchy from the 1945 Constitution to Government Regulation No. 24/1997, reinforced by customary law recognition of long-term physical possession.
Analysis of Complete Systematic Land Certification (PTSL) to Increase the Economic Value of Community Land Muhammad Yamin Lubis; Ivana Novrinda Rambe; Erna Herlinda; Nurhadi Ahmad Juang; Nurhimmi Falahiyati
Mahadi: Indonesia Journal of Law Vol. 5 No. 01 (2026): Vol. 05 No. 01 (2026) February Edition 2026
Publisher : Universitas Sumatera Utara

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Abstract

This research is motivated by the persistently high number of unregistered land parcels and the low level of legal certainty regarding community land ownership, which has resulted in limited access to economic opportunities and capital. The Complete Systematic Land Registration Program (PTSL) implemented by the government aims to accelerate asset legalization through the mass issuance of land title certificates. However, the effectiveness of PTSL in increasing the economic value of community land still requires empirical and juridical examination. This study aims to analyze the implementation of PTSL, identify the obstacles encountered, and assess the impact of land certification on enhancing the economic value of community land. The research method employed is normative legal research with a socio-juridical approach. Secondary data were obtained from statutory regulations, academic literature, and policy documents related to PTSL and land law. The analysis was conducted qualitatively to evaluate the relationship between legal certainty of land rights and the increase in economic value. The findings indicate that PTSL provides legal certainty and protection of land rights, increases land market value, and expands community access to financial institutions through credit schemes using land certificates as collateral. Certification also enhances investor confidence and strengthens the bargaining position of landowners. Nevertheless, administrative constraints, limited public understanding, and the suboptimal utilization of certificates as instruments of economic empowerment remain challenges. Therefore, PTSL significantly contributes to increasing the economic value of land, although strengthening community assistance and legal literacy is still necessary.
Co-Authors Herlinda, Erna Ivana Novrinda Rambe Marihot Doni Putra Sitanggang Nurhadi Ahmad Juang Nurhimmi Falahiyati Rosnidar Sembiring