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All Journal The International Journal of Politics and Sociology Research Media Bina Ilmiah
Parwitasari, Hendriani
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Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Determination of abandoned land as a form of government supervision of land rights holders based on government regulation number 20 of 2021 concerning the control of abandoned areas and land Fadhya, Namira Fadhya; Parwitasari, Hendriani
The International Journal of Politics and Sociology Research Vol. 12 No. 3 (2024): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

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Abstract

Government regulation on abandoned land as specified in Government Regulation No. 20 of 2021 is still relatively weak. Government supervision of land rights holders has not been regulated in detail, especially regarding how the government ensures that the land is used as intended. In addition, at the inventory stage, there are no provisions regarding the reporting period of land rights holders, whether the reporting should be done monthly or annually. This lack of clarity has the potential to cause conflicts such as potential social conflicts that will occur in the taking of land rights. This paper aims to examine the criteria and qualifications for determining abandoned land by the government as well as the forms of supervision that have not been regulated in Government Regulation No. 20 of 2021. It is hoped that this paper can provide proposed norms to create legal certainty and be useful in resolving land disputes in Indonesia. The result of this writing is that supervision by the government is still needed on the exclusion of abandoned land objects to ensure that the land is actually utilized properly in accordance with Article 4 of the UUPA. In addition, there are still weaknesses in PP No.20 of 2021, in that there are no rules, time frames, and obligations to report on the condition of land utilization for holders of property rights to land that are different from the obligations of other rights holders. This situation reflects inequality in regulation between different types of land rights, which can lead to land conflicts due to differences in supervision by the government of land rights holders.
PROSEDUR PENYELESAIAN KENDALA PRAKTIK BALIK NAMA SERTIPIKAT DALAM PENGUASAAN HAK ATAS TANAH (STUDI PUTUSAN NOMOR 1/PDT.G/2024/PN NGB) Viena Maysa; Hendriani Parwitasari
Media Bina Ilmiah Vol. 19 No. 6: Januari 2025
Publisher : LPSDI Bina Patria

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To provide protection and guarantee legal certainty for the rights of its citizens - both individual and public rights - to land, the government has emphasized the importance of registering land rights. The UUPA mandates the government to carry out a land registration program as outlined in Article 19 of the UUPA. According to the provisions of government regulation number 24 of 1997, agreements involving the transfer of land rights, including the sale and purchase of land, should be carried out before the Land Deed Official (PPAT). However, in the case of decision number 1/Pdt.G/2024/PN Ngb, it is impossible to carry out a Deed of Sale and Purchase before the PPAT because the whereabouts of the certificate's owner are not known. The research method used in this research is normative juridical, which focuses on statutory regulations. In this article, we will discuss the legal consequences of buying and selling carried out under the hands and the status of land ownership for parties who have exercised physical control for more than 20 years as well as procedures for resolving obstacles to changing the name of a certificate based on court decision number 1/Pdt.G/2024/PN Ngb.
Co-Authors Fadhya, Namira Fadhya Viena Maysa