IMPLEMENTATION OF THE SEMARANG CITY GOVERNMENT AUTHORITY AGAINST THE STATE LAND CONTROL (Case Study in Kebonharjo, Tanjung Mas Village)

Ahmad Yahya, Gunarto Gunarto

Abstract


The purpose of this study is to: 1) To analyze the implementation of the authority of the Semarang City Government on the control of State land. 2) To analyze the weaknesses of the implementation of the authority of the Semarang City Government towards the control of State land. 3) To analyze the solution of the weaknesses of the implementation of the authority of the Semarang City Government towards the control of State land. This study uses a type of empirical research with a sociological approach. Data collection uses primary legal materials and secondary data collected through observation, interviews and study of legal documents. Data analysis techniques carried out qualitatively, what was stated by respondents verbally or in writing and the existence of real behavior that was examined and studied as a whole.

         Based on the results of the research, some conclusions are obtained; (1). In terms of implementation, the authority of the Semarang City Government not in accordance with the authority possessed in this case is the control of state land which basically is controlled by juridical land or controlled by PT. KAI and is a Ministry of Finance asset. So, the Semarang city government cannot control the land by making a land certification program in bulk for the benefit of the people. The procedure for releasing land that is not in accordance with the functions of the authority possessed, in this case is the Head of Daop IV PT. KAI at that time, because the Head of Daop IV did not have the authority to release the assets of PT. KAI, and those who have the authority to release state assets are the Minister of Finance of the Republic of Indonesia. The Semarang City Government in carrying out its authority in terms of organizing land procurement to the community must first examine it, not from implementing a mass certification program, which ultimately many people suffer from the implementation of the program. The process of implementing land acquisition must be based on juridical and historical studies of the right and proper land, not just based on political studies which are of course only for temporary interests. (2). The weaknesses of the implementation of the authority of the Semarang City Government to control state land are; First, there was an error in carrying out the authority and policies carried out by the previous Mayor with the Head of Daop IV Semarang, which was subsequently carried out the process of releasing land rights and then followed up with a mass certification program in Kebonharjo, Tanjung Mas Village. The second is the lack of legal certainty over ownership of land rights, so that certificates held by citizens are canceled by the Semarang State Administrative Court (PTUN) which is considered an administrative defect. Third, there is no justice and legal protection for certificates owned by citizens, so that between PT. KAI and residents up to now claim each other for land ownership status. (3). The solution to the weaknesses arising from the implementation of the authority of the Semarang City Government is the control of state land, namely; First, the Semarang city government sought mediation between affected residents and PT. KAI, so that this case is resolved properly. But what happened from the mediation had no meeting point, solution, and agreement, so that the mediation was deadlocked. Each party still insists on the ownership rights of the land they control. So that this case led to the court that the lawsuit was carried out by PT. KAI to Kebonharjo residents, with the hope of the claim there is a legal, permanent and binding decision from the court. The second Semarang City governments sought compensation from PT. KAI told the affected people, this was also a demand that was applied by residents to the Semarang State Administrative Court (PTUN). Residents not only want compensation but compensation, because in this case the residents feel not only material but also immaterial losses. The third Semarang City governments sought to relocate and provide temporary shelter for affected residents, namely in the Flate (rusunawa) Kudu and other rusunawa owned by the Semarang City government.

 

Keywords: Authority; Government; Land Control.


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DOI: http://dx.doi.org/10.30659/akta.6.2.218%20–%20226

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