Pembatalan Surat Pernyataan Pelepasan Hak Atas Tanah (SPPHT) Dibuat Pewaris Dihadapan Camat oleh Ahli Waris (Studi Putusan Nomor 2/PDT.G/2015/PN.SKL)

Abstract

Land is a natural resource and the source of life, both present and future. Every nation has specific rules or norms regarding the use, possession, ownership, and utilization of land to accommodate the complex interests and sustainability of national life. Currently. Aceh Singkil District is actively developing infrastructure and other facilities for public benefit, necessitating land that typically holds existing rights, requiring a process of rights release. One case in Aceh Singkil District involves the cancellation of a Land Rights Release Letter executed by Heirs against the Land Rights Release conducted by the Deceased before the Sub-District Chief of Pulau Banyak, where the land in question was used to build a Senior High School (SMU) building on Pulau Banyak. This case has been brought to the Singkil District Court by the Heirs. Therefore, research is needed regarding the cancellation of the Land Rights Release Statement (SPPHT) made by the deceased before the Sub- District Chief by the heirs (study of decision number 2/pdt.g/2015/pn.skl). What are the provisions of the Land Rights Release Statement (SPPHT) made by the deceased before the Sub-District Chief? What is the legal validity of the Land Rights Release Statement (SPPHT) executed before the Sub-District Chief? How does the judicial analysis consider the cancellation of the Land Rights Release Letter (SPPHT) made by the deceased before the Sub-District Chief by the heirs based on decision number 2/Pdt.G/2015/PN.SKL This thesis research is descriptive-analytical, employing normative legal research. Secondary data sources are utilized, with data collection techniques involving literature review and data analysis conducted qualitatively. Fundamentally, the release of land rights can be executed by a Notary Public or a Sub-District Chief. Based on Article 27 of the Basic Agrarian Law Number 5 Year 1960 letter a number 2 determine ownership rights expire if the voluntary surrender by the owner. The creation of the Land Rights Release Statement is within the authority of a Sub-District Chief based on Article 131 paragraph (3) of the State Agrarian and Spatial Regulation/Head of the National Land Agency Number 3 Year 1997 concerning the Implementation Provisions of Government Regulation Number 24 Year 1997 concerning Land Registration. The deed created by the Sub-District Chief as the Land Deed Official (PPAT) Ad Interim is an authentic deed binding upon the parties and constitutes perfect evidence in court. The legal considerations of the panel of judges in case number 2/PDT.G/2015/PN.SKL stated that the Plaintiff's lawsuit was inadmissible (niet onvankelijk verklaard) due to procedural formalities not being met.