Kajian Hukum Agraria terhadap Ketentuan Larangan Pengalian Hak Milik atas Tanah Gereja (Studi Kantor Sinode Gereja Masehi Injili di Halmahera)

Reli Jevon Laike (Fakultas Hukum Universitas Hein Namotemo)

WAJAH HUKUM
Vol 4, No 2 (2020): Oktober

The provisions of the evangelical Christian Church in Halmahera on the prohibition of transferring property rights on the land mention, any organic or retired employee who is entitled to the submission of land rights which has status of property, shall not divert, adjudicate, or other legal action. While the provisions of the land rights under the National Agrarian Law, having broad authority means that it can divert, adjuct or as long as not contrary to applicable law. This study aims to examine the concept of church arrangement on the prohibition of transferring property rights on land and associated with the concept of national agrarian law. Research is normative legal research. The results of the research were found first, the provisions of the property of land governed by the provisions of the Church in the implementation there are conflicts and fundamental differences with the concepts governed in national agrarian law. The two rights holders of the land who have received the surrender of land from the church do not have a guarantee of legal certainty with the provisions of the Church governing the prohibition of the transfer of property rights to the land.