Transfer Of Rights Over The Waste Land Of The Waduk Irrigation Agency Province Of East Java To Pensiants Of State Employees Based On A Letter To The Governor's Decision (Juridical Analysis Of The Decision Of The Bangil District Court Number 17/Pdt.G/2020/Pn.Bil)

Mochamad Syaichul Ibad

Abstract


Abstract : Land is a primary need for the population for both housing and employment. To obtain legal certainty over land rights, it is necessary to have regulations governing the acquisition and transfer of community land rights, including the acquisition and transfer of property rights over community land originating from state land. The purpose of this research is to examine in depth the validity of the process of transferring the land rights of the reservoir assets of the East Java Provincial Irrigation Office to 7 retired Civil Servants (PNS). This research uses a normative juridical research method, which emphasizes the analysis of legal issues by using legal principles, laws and regulations and library materials related to the legal issues studied and analyzed in this research. The result of this research is that the authority of PPAT is authorized to make a Land Deed based on the Decree of the Governor of East Java on the assets of the East Java Provincial Irrigation Service reservoir to 7 Retired Civil Servants (PNS) at the time after being upgraded to a Certificate of Ownership and transferred to a Legal Entity / Developer, and also by existing regulations the transfer of rights to land assets of the former East Java Provincial Irrigation Service reservoir is legal so that it has permanent legal force. (Inkracht van gewijsde)

Keywords: Transfer of Rights, PPAT, Reservoir


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References


Books

Achmad Ali, Legal Theory and Judicial Theory Including Law Interpretation, Kencana Prenada Media Group, Jakarta

Achmad Chulaemi, Agrarian Law, Development, Types of Land Rights and Their Transfer, (Semarang: FH Undip, 1993),

Adrian Sutedi, Transfer of Land Rights and Its Registration, Jakarta: Sinar Grafika, 2007,

Boedi Harsono, Indonesian Agrarian Law: History of the Formation of the Basic Agrarian Law, Its Contents and Implementation, (jakarta: djambatan, 2003)

Legislation

Law No. 5 of 1960 on Agrarian Principles

Regulation of the Minister of Home Affairs No. 6 of 1972 concerning the delegation of authority to grant land rights

Government Regulation No. 24/2016 on the Amendment to Government Regulation No. 38/1997 on the Regulation of the Position of Land Deed Official;

Government Regulation No. 24 of 1997 on Land Registration;

Decree of the Governor of East Java Level I Number 2 of 1998

Decree of the Minister of Home Affairs Number 593.35-555 Regarding the Ratification of the Decree of the Governor of East Java Province Level I Number 27 of 1998 and Number 111 Regarding the Release of Rights to Former Stren / Reservoir Lands under the Control of the Provincial Government of East Java Province Level I managed by the Regional Irrigation Public Works Office of East Java Province Level I.

Decree of DPRD level 1 of East Java Province Number 17 of 1997




DOI: http://dx.doi.org/10.2020/ison.v5i1.24395

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