Vol. 6, Issue 6 (2020)
Legality of ownership rights to land indicated removal
Author(s): Heru Sugiyono, Rosalia Dika Agustanti
Abstract: Before Indonesian independence, there were several kinds of land status, namely customary land, sultanate land, Indonesian land rights, State domain land, land eigendmrechts, soil, opstalrechtssoil erfpachtrechts, land gebruikrechts and so on. After Indonesian independence, Law Number 5 of 1960 concerning Basic Agrarian Regulations or better known as the Basic Agrarian Law applies the configuration of land status, namely customary land, state land, and land rights (over land). With regard to lands that are not functioned, processed, not cultivated, not utilized in accordance with the circumstances or nature and purpose of their rights or the basis for their control, the Government then issued Government Regulation Number 11 of 2010 concerning Control and Utilization of Abandoned Lands followed by a Head Regulation Land Agency Number 4 of 2010 concerning Procedures for Controlling Abandoned Land. The research method used in this study is a normative juridical research method which is also called literature law research. Normative juridical legal research is carried out by examining library materials or secondary data. The research begins by first assessing and analyzing several abandoned land objects by their owners. Furthermore, an analysis is carried out on whether there is any action taken by the government, in this case the local Land Office, to put it in order. Then this research is continued by analyzing the existence of a third party who controls the abandoned land.