Pricilia, Vena
(2019)
Analisa yuridis mengenai acquisitive verjaring berdasarkan surat keterangan penguasaan tanah yang ditinggalkan (studi putusan Mahkamah Agung nomor: 1900/k/Pdt/2015) = Juridical analysis of acquisitive verjaring pursuant to certificate of control on abandoned land.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Prior to the enactment of Law Number 5 Year 1960 regarding Basic Regulations on Agrarian Principles (UUPA), a dualism exists within the land laws, namely lands with Western Law and Customary Law. However, through the enactment of UUPA, a unification of land laws was created based on Customary Law. One of the regulations which was revoked is Book Two of the Civil Code as long as it is related to land, waters, and natural resources within, including the regulation regarding exceeded time lapse which causes an individual to acquire the ownership on land (Acquisitive Verjaring). In practice, there exists a case on Acquisitve Verjaring which is still protected although not occupied / abandoned by the controller. In regards to this matter, the research question within this research is regarding how the control of land upon Acquisitive Verjaring for 34 years by the Plaintiff (Liu Tjhoen Ngo) is, and what are the efforts of protection which shall be conducted by Liu Tjhoen Ngo towards the Acquisitive Verjaring land which is abandoned pursuant to Supreme Court Verdict Number: 1900/K/Pdt/2015. The research method conducted within this research is a normative legal research with secondary data which are analyzed qualitatively. The result of research shows that the control of land upon Acquisitive Verjaring for 34 years (since year 1963) by Liu Tjhoen Ngo is illegal and is not protected by law since the Indonesian Law does not recognize Acquisitive Verjaring institution and the State Land which is controlled by Liu Tjhoen Ngo has been abandoned for more than 15 years without exercising the social function of land. The Defendant (District Head Regent of Sambas District) has conducted procurement of land according to the applicable laws and has exercised the social function which are the parties which shall be protected by law. The efforts of protection which shall be conducted by Liu Tjhoen Ngo towards the Acquisitive Verjaring land is to propose a request of right, registering the land according to their function within UUPA, and to take care of the object of dispute.
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