Samuel, Josua
(2019)
Kepastian hukum kepemilikan tanah berdasarkan surat kepala inspeksi agraria no.205.D/viii-54/1964 (studi kasus putusan no.106/pdt.G/2005/pn.Cbn.) / Legal certainty of land ownership base on head letter inspection agrarian no. 205.D/viii-54/1964 (study verdict case no.106/pdt.G /2005/pn.Cbn.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
The landreform is a previous government program to abolish the previous landlord system, landreform is a program for farmers who are given land from the government with a redistribution program based on the Head Letter of of Agrarian Inspection (SK.KINAG) in the SK.KINAG, there are provisions such as the example case raised in this thesis, namely SK.KINAG on behalf of H.Ahyani, which registered as No.205.D/VIII-54/1964 in that SK.KINAG H.Ahyani has stated that SK.KINAG terminated until 15 (fifteen) years and after that it can be made into the right of ownership, however on the reality when the termination of SK.KINAG hasn’t even come, all of sudden the certificate for the right of ownership ha appear on that land, which has been published by Indonesian Land Agency (BPN), it been made on behalf of 8 (eight) names of the person on the Retired Union of the Armed Forces of the Republic Indonesia or known as PEPABRI, on the land of H.Ahyani.This brings the writer interested in exploring this issue, that because SK. KINAG it’s a legitimate State product and regulated in Law Number 5 year 1960 Concerning on the Agrarian Principles. In this case H.ahyani have conducted deliberations and mediation with the parties of BPN none the less it was rejected because the land was already certified by BPN on the name of 8 (eight) PEPABRI member, furthermore H.Ahyani has decided to conduct Civil Lawsuit in Cibinong District Court on 2005 and in the Decision of the Cibinong District Court No.106/Pdt.G/ 2005/PN.Cbn the judge adjudicate the order on BPN to substitute the previous certificate and issue a certificate based on SK.KINAG on behalf of H.Ahyani and to assign H.Ahyani as the person who has the right of the land base on the evidence of SK.KINAG.
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