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
| Dosen Pembimbing: | Eko, Eko and Umar, Umar | UNSPECIFIED, nidn0617026801 |
|---|---|
| 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: | https://repository.unissula.ac.id/id/eprint/17236 |
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