The Implementation of Leasing Bengkok Land and Its Legal Consequences

Penulis

  • Fiki Apriliawan Rizal unissula

Abstrak

This research was motivated by the renting of crooked land in Pecangaan District, Jepara Regency which was carried out by the Village Head and Village Apparatus with an open auction with the community. The empirical juridical approach is used in this study, used to analyze various laws and regulations in the agrarian sector. The result of this research is that the village head takes legal action, namely the implementation of the village land lease is correct with an open auction procedure to the community. The implementation of the rent of the crooked land is correct, in accordance with laws and regulations, and produces benefits for the village and the community. The lease agreement made before a notary is then set forth in the form of a deed. In principle, every legal act must adhere to the principle of Nemo plus juris. Dispute resolution if the parties are by default can be resolved by deliberation, and if the deliberation is not reached, it is resolved through a general court. Keywords: Dispute; Land; Resolution.

Referensi

Journals:

Eman Ramelan, The Existence of Crooked Land or Rewards in the Perspective of Law in Indonesia, Jurnal Yuridika Volume 14, March-April 1999.

Books:

Adrian Sutedi, Transfer of Land Rights and Registration, Jakarta: Sinar Graphic, 2008.

Boedi Harsono, Indonesian Agrarian Law, History of the Formation of the Basic Agrarian Law, Contents and Implementation, (Jakarta: Djbatan, 2005).

GHS Lumbang Tobing, Notary Office Regulations, Jakarta: Sinar Graphic, 1980.

J. Andy Hartanto, Land Law, Characteristics of buying and selling land where land rights have not been registered, (Surabaya: Laksbang Justisia, 2013).

R. Subekti, Various Agreements, (Bandung: PT. Citra Aditya Bakti, 1995).

________, Fundamentals of Civil Law, Jakarta: PT. Intermas, 1996.

Sudikno Mertokusumo, Introduction to Written Civil Law (BW), (Yogyakarta: Sinar Graphic, 2001).

Urip Santoso, Agrarian Law and Land Rights, (Jakarta: Kencana Prenada Media, 2009).

Regulation:

The 1945 Constitution of the Republic of Indonesia

Civil Code (KUHPerdata)

Act No. 5 of 1960 concerning Basic Agrarian Regulations

Government Regulation Number 10 of 1961 concerning Land Registration

Government Regulation Number 24 of 1997 concerning Land Registration

Regulation of the Minister of Agrarian Affairs Head of the Land Agency Number 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997

Interview:

Interview with Abdul Basir as Head of Troso Village, Pecangaan District, Jepara Regency

Unduhan

Diterbitkan

2023-02-24

Terbitan

Vol 2 No 1 (2023): January 2023

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