SENGKETA TUMPANG TINDIH LAHAN MASYARAKAT DENGAN HAK GUNA USAHA PT. PERKEBUNAN MITRA OGAN DI KABUPATEN OGAN KOMERING ULU

MUHAMMAD RIZALDI, 19283312 (2024) SENGKETA TUMPANG TINDIH LAHAN MASYARAKAT DENGAN HAK GUNA USAHA PT. PERKEBUNAN MITRA OGAN DI KABUPATEN OGAN KOMERING ULU. Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

Land disputes are cases whose trend is always increasing every year. The case of overlapping land use rights (HGU) between PT Perkebunan Mitra Ogan and community property rights is a small part of the disputes that occur in Indonesia. Disputes that occur cause the certificates owned by the parties cannot be utilized in obtaining capital from the Bank because of indications of disputes. In addition, the legal certainty of the right holders is not fully possessed because the basis of the right is problematic. For this reason, it is necessary to find a projection of dispute resolution that can be carried out by the parties by taking into account the circumstances of both parties. The research method in this study uses a qualitative research method descriptive approach. The research will focus on the problems that occur, namely the dispute over the HGU land of PT Perkebunan Mitra Ogan with community property rights where the company is currently facing a Debt Payment Obligation (PKPU) trial. The problem solving process is obtained through problem analysis by describing information from informants from this study. The projected settlement through mediation that can be done by both parties are: compensation; redefining the boundaries of community property rights; enclave HGU land through the Agrarian Reform program; and acquisition of replacement land. Each settlement projection has its own advantages and disadvantages, but the solution that most benefits both parties is the acquisition of HGU replacement land. Keywords: land dispute, land use right, projection of settlement

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