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VOL. 10, ISSUE 4 (2024)
Legal certainty of land ownership for public facilities in residential areas: A case study from tangerang regency, Indonesia
Authors
Fransiskus Litoama
Abstract
The increasing demand for residential housing has created opportunities
for unscrupulous individuals to exploit regulatory weaknesses and the lack of
social control, leading to the improper transfer of land designated for social
and public facilities in residential areas. Population growth and the expansion
of residential zones bring with them the logical consequence of increased
societal needs. This research aims to explore the status of land ownership for
social and public facilities in residential areas and the legal implications of
transferring such land rights. The study employs an empirical sociological
method to assess the effectiveness of legal instruments according to current
regulations, observing the research objects and the extent of their practical
implementation. The findings indicate that the private ownership of land
designated for social and public facilities within residential areas is deemed
illegitimate, as such land is inherently owned by the state, under the
collective control of the community. In cases where such land has been
transferred, the transfer can be challenged and potentially annulled through
the courts, which would provide a final decision as the basis for the deletion
of any recorded land data.
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Pages:237-241
How to cite this article:
Fransiskus Litoama "Legal certainty of land ownership for public facilities in residential areas: A case study from tangerang regency, Indonesia". International Journal of Law, Vol 10, Issue 4, 2024, Pages 237-241
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