The Legal Strength of Physical (Sporadic) Ownership Letters as the Basis for Land Rights (Analysis of the Jantho District Court Decision No.12/Pdt.G/2020/PN-JTH)
- December 28, 2021
- Posted by: RSIS
- Categories: IJRISS, Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue XII, December 2021 | ISSN 2454–6186
Suhaimi, Roslaini Ramli, EnzusTinianus, Indra Kesuma Hadi, Chadijah Rizki Lestari
Lecturer, Faculty of Law, Syiah Kuala University, Banda Aceh, Indonesia
Abstract – This study analyzes how the legal force of a physical (sporadic) letter of control over a plot of land. In practice, many owners of a plot of land do not have evidence to prove their property. Control over a plot of land without the support of written evidence will affect its ownership and transfer of land rights to other parties, and can even lead to disputes in court. This research only focuses on normative legal research (normative juridical), namely research that focuses on studies of documents from various primary data such as judges’ decisions, laws and regulations, expert opinions and others. Meanwhile, the data collection technique was carried out by collecting primary legal materials, secondary legal materials, and tertiary legal materials. According to the results of the study, it is known that the Statement of Physical Control of Land (Sporadic) has perfect legal force such as an authentic deed, if the sporadic has been tested for truth and has been proven in front of the court, even sporadic is in accordance with the facts revealed in court. The parties who signed in the Sporadik confirmed their signatures and were confirmed by the signatures of the Village Head (Keuchik Gampong) and the Camat as the local District Head.
I. INTRODUCTION
he existence of Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), one of which aims to provide the basics in order to guarantee legal certainty regarding land rights for all Indonesian people. The UUPA basically gives responsibility to the government to carry out land registration in accordance with Article 19 of the UUPA which aims to:
1. “Providing certainty regarding the person or legal entity who is the holder of land rights, which is called the certainty of the subject of land rights;
2. Provide certainty of the location, length and width of the land or the total area, boundaries of the land parcel, called with certainty about the object on the land”.
The implementation of land registration as referred to in Article 19 of the UUPA aims to “provide legal certainty and legal protection for registered lands. The implementation of land registration is the obligation of the government and the holder of land rights, in accordance with Article 19 paragraph
