Analisis Yuridis atas Klaim Hak Milik Atas Tanah oleh Instansi Pemerintah

Abstract

The objective of this research is to discover the juridical concept of claims of government agency to right of land ownership pursuant to Basic Agrarian Law, how State's right of control is managed, and how about the legal consequences of usage of the term Right of Ownership by Government and/or State. The research employs Normative Juridical method which refers to the legal materials to find truth based on logics in jurisprudence. The data are collected through library study. Based on the results, it is concluded that the concept of land ownership in the basic Agrarian Law consists of right of control, right of ownership, right to cultivate, right of use of structures, right of use, and right of lease for structures. The State's Right to Control is managed by regulating and administering the allocation, use, supply and maintenance of land, also by regulating the legal relationships between people and the land including regulating the procedure of land registration throughout regions of the Republic of Indonesia, regulating the transfer of land rights even regulating the settlement of either civil or administrative disputes over land.