Damanik, Pandapotan (2019) Rekonstruksi Regulasi Peralihan Hak Milik Bekas Hak Eigendom Berbasis Keadilan. Doctoral thesis, Universitas Islam Sultan Agung.
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Abstract
The purpose of this study is to find out and analyze the transfer of land rights to former eigendom rights according to the current positive law; the transfer of land rights to former eigendom rights not based on justice values; legal reconstruction of the transfer of land rights to former eigendom rights based on the value of justice. This type of research used in this dissertation is to use the method of doctrinal law research. The research approach in this study uses a sociolegal research approach, that is, an alternative approach that tests doctrinal studies of law. This research was analyzed using qualitative data analysis techniques. The results of this study are (1) Literally interpreted that Eigendom is a permanent property right on land and Verponding is a tax bill for the said land or land and building. Conversion of rights from eigendom does not always become a property, because conversions must pay attention to the requirements for granting a right regulated in the UUP. Actually, the conversion must be carried out after the uupa was enacted, or no later than twenty years after, but due to community ignorance or inability to take care of the conversion of eigendom rights to certificates up to now there are still many lands that still cling to the rights in the form of Eigendom Verponding; (2) The transfer of land rights of former eigendom rights has not been based on justice because the conversion rights to land originating from western rights (including eigendom) can be directly converted as long as the applicant remains the holder of land rights in the old evidence. or have not yet been transferred to the name of another person, and there is a map / measurement letter, then the bookkeeping is simply done by giving a stamp mark on the evidence by writing down the type of rights and the number of rights converted; and (3) Physical control of land is not always done directly by the applicant, but the physical management is given to other parties to manage it with an agreement or agreement between them. The applicant is not always domiciled or located in an area where the land for which the right of ownership is being applied for, and in general the matters regarding the documents of the requested land are in the hands of the ruler and the person managing does not know about it. With the management given to other parties, it is not the basis of the land manager being the applicant for ownership of the land. Keywords: Regulation Reconstruction, Transfer of Ownership, Former Eigendom Rights, Justice Based
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum Pascasarjana > Program Doktor Ilmu Hukum |
| Depositing User: | Pustakawan 3 UNISSULA |
| Date Deposited: | 06 Mar 2020 07:05 |
| Last Modified: | 06 Mar 2020 07:05 |
| URI: | http://repository.unissula.ac.id/id/eprint/17236 |
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