Studi Kasus Tanah Garapan Rakyat Melalui Keputusan Pengadilan Negeri Lubuk Pakam Nomor : 12/PDT-G/2001/PN-LP

Abstract

This study focusing on the implementation of official policies of governrnent of the North Sumatra Province, Deli Serdang District and Patumbak sub-district in taking settlement for the land worked by people, and it is specifically to the implementation of adjudication by District Court of Lubuk Pakam No. 12/PDTG/ 200 l/PN-LP dated I st March 200 I applied to the mid of society in large, particularly to the community of Desa Marindal I and II, Kecamatan Patumbak. This study adopted an analytical descriptive method with the research as main instrument of study. Data and information obtained from those informant and supported by document refers to the setting and field of the study. To this study, for collecting the data perhaps by conducting observation, interview, also by documentation study and the result of medical record_ The result to this study seen to note as shortage of attention care by bureaucracy, the executive, legislative and judicative in response to a governmental policy, it may connect to the Presidential Decree of Republic of Indonesia No.34 of 2003 regards to National Policy on lands almost not run as well and seen on the adjudication of District Court as it having a legal power permanently (in kracht van gewijdsde). In connecting to this points almost not run by- the executive. It is however poorly condition to those legal practicing, and noted shortage evaluation by the bureaucracy to any policy as already executed. By the result of study showed that basic acts rules regulating about the lands and its organic regulation since Dutch Colonial ruler, Old order liberty, New Order nd Reformation age about the land worked on people protected by the laws and how the process of legal run on the jurisdiction for having settlement on the land worked by people and how the role of business law in the settlement for the land worked by people. It is recognized until at present, the government has no much care yet for executing the governance well, either need to study more about wealthy and any experiences to implement a governmental regulation on the lands.