ANALISIS PEMBERIAN HAK GUNA BANGUNAN SEBELUM DITERBITKAN HAK PENGELOLAAN DALAM KEGIATAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KECAMATAN SAGULUNG KOTA BATAM

DOMINICUS REX PUTRA ADELLA, 19283293 (2024) ANALISIS PEMBERIAN HAK GUNA BANGUNAN SEBELUM DITERBITKAN HAK PENGELOLAAN DALAM KEGIATAN PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KECAMATAN SAGULUNG KOTA BATAM. Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

This research explains the concept of the relationship between state land whose subject is the state with the basic law of Article 2 of the UUPA which results in Management Rights (HPL) and the granting of rights thereon. Self-management rights are basically not regulated or explained in detail since the UUPA, but are indirectly stated in the Conversion of State Controlling Rights (HMN). The State Controlling Right is a right that gives authority to the state to regulate and administer the allotment, use and supply of maintenance of the earth, water and air space, as well as determine the legal relations thereof. The Management Right is the right step given in the Batam Area, this is so that the Batam Area can be managed directly by the government to control and control its functions. In realizing this, the Ministry of ATR/BPN provides grants, extensions and renewal of HGB, HP or HGU on HPL land in Batam. However, in existence, there are still several areas in Batam City whose management rights have not been issued before but have been issued certificates of Building Use Rights. This certificate was issued in 2017-2020 in the Complete Systematic Land Registration activity. This is a problem in land affairs because it is not in accordance with statutory provisions. The purpose of the researcher is to discuss the legal status or legality of certificates of land rights issued on land with HPL status. The research method used by researchers is a normative legal research method. Normative law is used to study legislation from the beginning to the latest in regulating management in Batam and to examine the legal status or legality of the certificate. The review of the legislation resulted that Management Rights are Primary Rights and must be issued before any grant of other land rights or secondary rights over Management Rights. So this research shows the need for more attention to these activities from agencies that manage land in Batam. Keyword : Primary and secondary rights, Right of Management, Right of Building Use.

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