Penertiban Tanah Terlantar Hak Guna Bangunan Atas Nama PT. Delimas Suryakannaka Ditinjau dari Peraturan Pemerintah No. 20 Tahun 2021 tentang Penertiban Kawasan dan Tanah Terlantar (Studi Kasus di Kantor Pertanahan Kabupaten Asahan)

Abstract

Land abandonment is a significant issue in efforts towards efficient andsustainable land management. Abandoned land refers to land that is not optimally utilized by individuals or companies. However, in reality, many lands are left uncultivated, underutilized, and not fully utilized by their owners, in other words, they are abandoned. One such case is the abandoned land with Building Rights No. 4 convering an area of 682.600 m2 registered under the name of PT. Delimas Suryakannaka, which has been identified as a location for land abandonment enforcement. This research aims to describe the Building Rights under the name of PT. Delimas Suryakannaka designated as the subject of land abandonment, describe the implementation of land abandonment enforcement for Building Rights under the name of PT. Delimas Suryakannaka, and describe the juridical resolution of the abandoned land with Building Rights under the name of PT. Delimas Suryakannaka. In this study, the author uses a normative legal research method with data collection techniques conducted through primary and secondary data research. Subsequently, the obtained data are analyzed qualitatively and then presented descriptively. The research concludes that PT. Delimas Suryakannaka as the rights holder did not cultivate, use, and utilize the land according to the purpose and objectives of granting the rights, which certainly neglects the obligations of the rights holder as stipulated in Articles 6, 7, 10, 15, 19 of the Land Law. Therefore, it has been designated as the location for land abandonment enforcement by the Head of the Regional Office of the National Land Agency (BPN) of North Sumatra Province. The implementation of land abandonment enforcement for Building Rights No. 4/Kapias Batu VIII did not proceed to the next stage, namely the designation of abandoned land, because PT. Delimas Suryakannaka has taken steps to release a portion of the Building Rights Certificate No. 4/Kapias Batu VIII. The juridical resolution of the abandoned land enforcement activity involves discretion by requesting PT. Delimas Suryakannaka to separate and release the rights to the unused and unutilized land by the rights holder. After the release of the land rights, it becomes a Land Bank Asset and is granted Management Rights (HPL).