Tumpang Tindih Kewenangan Antara Dinas Pertanahan Kabupaten Bireuen dengan Bank Tanah ( Studi Kasus Pemberian Izin Lokasi dan Pengelolaan Tanah eks Hak Guna Usaha Kabupaten Bireuen )

Abstract

Viewed from its task and authority, the function of Land Bank overlaps with Aceh Land Agency in which the latter is given the authority by the central government to give permit for the location and management of ex-leasehold land Today, however, this similar authority is also obtained by the Land Bank so that in its implementation there will be a new problem in giving permit for the location and management of ex-leasehold land, especially in Bireuen Regency, Aceh Province. The research used juridical normative empirical method with descriptive analytic approach. It was conducted at Bireuen District Office/Land Office of Bireuen Regency, Cot Gapu Village, Kota Juang Sub-district. The data consisted of primary data and secondary data which were obtained from primary, secondary, and tertiary legal materials. They were gathered by conducting library rsearch and field research with interviews. The gathered data were analyzed by using qualitative analytic method. The result of the research shows that the factors which cause the overlapping of the authority between the Land Agency of Bireuen Regency and the Land Bank concerning the giving of permit and the management of ex-leasehold land are as follows: first, the central government gives the same authority to the Aceh Land Agency and the land bank concerning land management and the giving of permit for land location of ex-leasehold. Secondly, there was no legal certainty in the mechanism of what was given by the central government to the Aceh government, especially about the regulation, the management, and the use of land in Aceh. Thirdly, the 'existence of the land bank can eliminate the real mandate which has been given to the Aceh Land Agency, especially to Bireuen Regency, Fourthly, The function and the role of the land bank are in accordance with the mandate of the Law on ex-leasehold land managed by the Land Bank; the land should be distributed to the people through the Agrarian Reform program, in this case, the Regional Government as the Steering Committee. The land would be changed to business and commercial interest when the giving and the permit are done by the Land Bank. The success in resolving the overlapping problem between the Aceh Land Agency and the land bank in giving permit for the location and the management of ex-leasehold land can be achieved if the government pays attention to some factors: first, the Aceh Land Agency as the action executor should issue a firm regulation to avoid legal uncertainty. Secondly, the Aceh Land Agency should be given the complete authority by the central government as it is included in Helsinki MOU on the giving of permit and management of exleasehold land since the Land Agency which understands the people's interest, especially those who live surrounding the ex-leasehold land. Thirdly, the Government should be more careful in issuing a regulation, especially on ex-leasehold land so that there will be no overlapping between the Land Agency and other parties so that people's prosperity will be achieved.