CD Skripsi

Hak Pemegang Sertifikat Hak Milik Atas Tanah Lahan Gambut Pasca Inpres Nomor 5 Tahun 2019 Tentang Tata Kelola Hutan Alam Primer Dan Lahan Gambut Dalam Rangka Memberikan Kepastian Hukum Di Kabupaten Kepulauan Meranti

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Ownership rights are hereditary, strongest and fullest rights that a person or legal entity can have over land by considering the provisions of social functions. Based on Article 19 and Article 20 of the UUPA, it is stated that certificate holders and property rights can be used as they should. The aim of the research is to determine legal certainty for owners of land ownership certificates and the position of ownership rights to peat land after the issuance of Presidential Instruction Number 5 of 2019 concerning Governance of Primary Natural Forests and Peat Land. However, the main problem here is that the people in East Selatpanjang Sub-District, Meranti Islands Regency cannot use the property rights to the land they own, such as using it as collateral, buying and selling it, or even inheriting it after the issuance of Presidential Instruction Number 5 of 1960 concerning Termination of the Granting of Permits and Management of Primary Natural Forest Management. and Peatlands where after the PIPPIB indicative map was determined, the East Selatpanjang sub-district was included in the peat area or PIPPIB, so it was deemed not to be in accordance with conditions on the ground, that the land controlled by the community already had a certificate of ownership and was free to use.
The research method used is sociological/empirical legal research, namely by interviewing the community as a data collection tool. In this study the authors conducted direct research at the research location to obtain materials, data and information related to this research.
The conclusion that can be obtained from the results of this research is that Presidential Instruction Number 5 of 2019 concerning Termination of Granting Permits and Improving Governance of Primary Natural Forests and Peatlands is not in line with government regulation number 24 of 1997 concerning land registration which provides legal guarantees for rights owners. over land, it is necessary to confirm the extent to which the level of effort to prove the certificate is useful as a basis for evidence which is borne by the UUPA and Article 19 concerning guarantees of legal certainty for owners of ownership rights to land as well as in the provisions of Article 20 paragraph (1) that property rights are the hereditary, strongest and fulfilled rights that people have over land, this is not in accordance with the UUPA, namely that land owners or the people of East Selatpanjang Subdistrict who have property rights certificates which are included in the peat moratorium cannot use their land to carry out legal actions such as being used as collateral. , bought and sold and inherited and the land only has a position after being released within 2 to 3 months following the decision of the Ministry of Environment and Forestry. Disposal efforts are carried out taking into consideration the recalculation of coordinate data submitted using the WGS 1984 projection coordinate system included in the PIPPIB area in the PIPPIB peat category and other use area (APL) functions in accordance with the provisions stipulated based on the PIPPIB Decree of the Minister of Environment and Forestry Decree SK.5445/MENLHKPKTL/IPSDS/PLA.1/8/2021 concerning the conditions for releasing.
Keywords : Property Rights – Land Rights - Peatlands

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009111551

Penerbit

Pekanbaru : Unviersitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009111551

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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