| dc.description.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. | en_US |
