PENANGANAN MASALAH TUMPANG TINDIH PENGUASAAN DAN PEMILIKAN TANAH HAK GUNA USAHA PERSEROAN TERBATAS SINAR KARTASURA DENGAN PERSEROAN TERBATAS KERETA API INDONESIA DAN MASYARAKAT DI KABUPATEN SEMARANG

PUTRA, THRI HARDIANTO (2023) PENANGANAN MASALAH TUMPANG TINDIH PENGUASAAN DAN PEMILIKAN TANAH HAK GUNA USAHA PERSEROAN TERBATAS SINAR KARTASURA DENGAN PERSEROAN TERBATAS KERETA API INDONESIA DAN MASYARAKAT DI KABUPATEN SEMARANG. Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Land tenure and ownership in Indonesia often creates problems, especially for HGU because it has a large land area. The Ministry of ATR/BPN must lead a role in resolving conflicts that occur, so there is no inequality of control and ownership. The purpose of this study was to find out how the problems of overlapping control and ownership of HGU that belongs to PT. Sinar Kartasura withPT. KAI and the community, and to know the factors that cause overlapping land tenure and ownership, as well as explaining the role of the Ministry of ATR/BPN in resolving that conflict. This study uses a qualitative method, a form of empirical legal research with a case study approach. The results of the study indicate that the occurrence of overlapping control and ownership of land starts from (1) the history of land tenure by the community in the post-colonial period that was controlled and worked on by the community. Then it was taken by military that were transferred later to PT. Sinar Kartasura. There is PT. KAI’s land that entered to the HGU, based on the deed of sale and purchase from the Balai Harta Peninggalan (BHP), (2) the potential for conflict occurred when PT. Sinar Kartasura has closed road access to the forest and polluted the clean water belonging to the community due to the farm waste. The factors causing the overlapping of land tenure and ownership are (1) PT. Sinar Kartasura which collapsed and abandoned some of its land, (2) PT. KAI has never used its land for decades and there are no buildings or boundary markings that indicates that the land belongs to PT. KAI so that the land is managed by PT. Sinar Kartasura. The role of the Semarang Regency Land Office is to (1) implementing the results of court decisions, (2) carry out Land Redistribution, (3) carry out asset management and access reform. Keyword : Land Conflict, Cultivation Rights Title, Land Tenure and Ownership

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