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All Journal Jurnal Minuta
Hardjo, David
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Law, Crime, Criminology & Criminal Justice

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Penelantaran Tanah Hak Milik Akibat Sengketa Waris Berdasarkan Peraturan Pemerintah Penertiban Kawasan dan Tanah Terlantar Ongkowijoyo, Nathaline Christy; Tanudjaja, Vincentine Natalie; Sutikno, Arron Eugene Raphael; Siswanto, Yoseph Mario Dwi; Hardjo, David
JURNAL MINUTA Vol. 8 No. 01 (2026): March 2026
Publisher : Magister Kenotariatan Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/minuta.v8i01.8484

Abstract

Land is an agrarian resource that plays a strategic role in Indonesian society so its management must be directed towards the greatest possible prosperity of people as it’s mandated in Article 33 Paragraph (3) of the 1945 Constitution of Indonesia Republic and Law Numbers 5 of 1960 concerning basic agrarian principles. The ownership of land as a hereditary, strongest and fullest right still carries the social function that must be fulfilled by the right holder even in the practice transfer of the ownership right through the inheritance leads to prolonged inheritance disputes, resulting in inherited land for being not optimally utilized and potentially becoming abandoned. Based on it research shows that privately owned land as an inheritance object can be designated as abandoned land if it meets the elements of neglect so it goes through evaluation, warning and designation stages as regulated in Government regulation number 48 of 2025. There is no provision that explicitly excludes inherited lands from being abandoned land control mechanisms. However, heirs still receive legal protection as long as the neglect of the land isn’t based on the intent and still any good faith to manage the land and resolve the inheritance dispute. Therefore, the proper resolution about the inheritance becomes more important to prevent any loss of land right and to ensure the fulfillment of the social function.
Co-Authors Ongkowijoyo, Nathaline Christy Siswanto, Yoseph Mario Dwi Sutikno, Arron Eugene Raphael Tanudjaja, Vincentine Natalie