Tinjauan Hukum Peralihan Tanah di Bekas Lahan Perkebunan dalam Praktek Kepemilikan Tanah di Kecamatan Medan Helvetia Kota Medan

Abstract

Fundamentally, the principle of the social function of land rights is aimed at guaranteeing the maximum benefit of the land for the people's prosperity. As a constitutional state with the concept of a welfare state based on Pancasila, the use of land must guarantee a sense of justice for all people. The use of land must of course be adapted to the circumstances and nature of the rights, so that it benefits both the welfare and happiness of those who own the land as well as the surrounding community and the country. The above is in accordance with the principles in the National Land Law which are normatively set forth in the provisions of Article 6 of the UUPA. This type of research is empirical juridical (sociological), namely a legal research conducted by looking at aspects of the application of the law itself in society, or a study of community behavior that arises as a result of interacting with the existing system of norms. This research is descriptive analysis in nature, it is descriptive in nature meaning that from this research it is hoped that a detailed and systematic description of the problems to be studied will be obtained. The analysis is intended based on the description, the facts obtained will be analyzed carefully to answer the problem The transition of land use objects in Helvetia District, Medan city, which until now has not been completely resolved. That there are still members of the community who are buying and selling land in the former plantation area has caused many land conflicts. The object in this study is the initial HGU land with Decree No. 24 of 1965 and extended with SK 42 of 2022. The initial land area was 1,029,7300 and has been released to the community 193,9400, so the current land area is 98,6200. The granting of ownership rights to state land to a citizen and for no other than 3 (three) reasons, namely to transmigrants, in the context of implementing land reform and to non-permanent ex-gogols as long as the land is a non-permanent ex-gogol. In accordance with Article 28 UUPA in conjunction with Article 4 PP No. 40 of 1996 where Land Cultivation Rights are controlled by the State and granted by the State to cultivate land for agriculture/plantation, fishery and animal husbandry with a land use period of 25 years. However, prior to the expiry of the former land use rights, this land has been requested for relinquishment of rights. The conditions for land release that have occurred are a letter of application for release of rights to the National Land Agency. The form of Land Transfer in the former Plantation Land in Helvetiah District is in the form of relinquishment of rights or compensation made before the Head of the Kelurahan or Subdistrict and partly carried out through relinquishment of compensation at the Notary's office. The steps that can be taken so that the land in the former plantation area in Helvetia District, Medan City can obtain legal ownership in principle by controlling the land concerned and then submitting an application for recognition and confirmation of land rights to the Head of the Land Office. Obstacles that arise in practice in trying to obtain the legality of the transfer of land use for ex-plantation land in Helvetia District, Medan City, which is traded consist of inconsistency with the existence of land transfers in former plantation land, out of sync with laws and regulations, non-implementation of general principles and types of legislation.