Tinjauan Yuridis Penyelesaian Sengketa Terhadap Alas Hak Atas Tanah (Studi Putusan Nomor: 347/PDT/2014/PT-Mdn)

Abstract

Land disputes are disputes arising from conflicts of interest in land. Land disputes cannot be avoided today, this is due to various land needs which are very high today while the number of parcels is limited. This requires improvements in the area of structuring and use of land for the welfare of the community and especially its legal certainty. The problem in this research is how the Arrangement of Rights Regarding the Right to Land, How the Factors Causing the Dispute over the Right to Land, and how the Legal Settlement of the Dispute over the Right to Land in Decision Number: 347 / Pdt / 2014 / PT-Mdn. The research method used is library research that is research based on reading sources, namely laws, books, and legal journals related to the material discussed in this thesis proposal. In this study contains primary data and secondary data. Field research is to conduct field research directly. In this case the researcher directly conducts research into the Medan high court by interviewing and taking data on the decision. The results of this study are land rights as stipulated in Law No. 5 of 1996 concerning Basic Rules on Agrarian Principles, regulates several land rights that are on the surface of the earth, below the surface of the earth, and space above the air. Factors causing frequent land dispute problems, including: Land administration systems, especially in the case of land certification, which is not right. Unequal distribution of land ownership. The legality of land ownership is solely based on formal evidence (certificates), without regard to land productivity. The process of resolving disputes on land rights in decision number: 347 / Pdt / 2014 / PT-Mdn is settled through litigation, in which the judicial body is given the authority to hold authority and adjudicate a dispute. In every dispute resolution process through litigation, the parties involved in the dispute must follow the procedures specified in the procedural law.