Settlement of Land Rights Disputes (Legal Study of Supreme Court Ruling No. 78 PK/TUN/2011)

Abstract

This research discusses the settlement of land rights disputes. The problem is how the basic legal consideration of land rights above the Managemen Rights (hereinafter referred to HPL) certificate in the Special Economic Area Mandalika Central Lombok District and why the dispute on land rights that has a permanent legal force or inmate in the Special Economic Area Mandalika Central Lombok (Supreme Court decision No. 78 PK/TUN/2011) can not be executed. This research aims to know and analyze the basic legal considerations and dispute on land rights that has a permanent legal force or inmate in the Special Economic Area Mandalika Central Lombok (Supreme Court decision No. 78 PK/TUN/2011) can not be executed. This method of research uses normative legal research methods. The approach is used are the conceptual approach, the legislation approach, and the case approach. The result of this research is the first basic consideration of legal ownership of land rights is the regulation of the Minister of Agrarian of the head of National Land Agency number 9 of 1999 about the procedure for granting and annulment of land rights and management rights, government regulation Number 10 of 1961 concerning land registration, government Regulation Number 24 of 1997 about land registration, regulation of the Minister of the Interior number 5 of 1974 about the conditions on the provision and giving of land for corporate purposes, and regulation of the Minister of the Interior number 15 of 1975 about the provisions on the Ordinance of Land acquisition. Secondly, land rights disputes that has a permanent legal force or can not be executed (Incrah) due to rules relating to the application of land rights certificate above Management Rights, has not been set or has been revoked and not valid since the issuance of regulation of the Minister of Agrarian state/head of national Land Agency No. 9 of 1999 on procedures for granting and canceling rights to land and management rights.

DOI: 10.7176/JLPG/98-04

Publication date:June 30th 2020