TUMPANG TINDIH PENGUASAAN DAN PEMILIKAN TANAH (STUDI KASUS DI KANTOR PERTANAHAN KOTA SURABAYA I)

AINUN DWI RAHAYU, 20293580 (2024) TUMPANG TINDIH PENGUASAAN DAN PEMILIKAN TANAH (STUDI KASUS DI KANTOR PERTANAHAN KOTA SURABAYA I). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Agrarian Law Number 5 of 1960 states that in order to guarantee legal certainty and legal protection of land rights, the government carries out land registration. However, the fact shows even though someone has registered their land and already holds a certificate as proof of rights, they still encounter problems, for example overlapping land control and ownership. This problem occurs in various regions in Indonesia, including the city of Surabaya. The aim of this research is to analyze and describe the causes and resolution of overlapping control and ownership of land case at the Surabaya City Land Office I using empirical legal research methods. The research results show that overlapping control and ownership of land in the City of Surabaya is caused by five factors, namely: 1) humans; 2) matterial; 3) method; 4) machine; and 5) money. However, the most important role is the human factor, including: 1) Human resources at the National Land Agency and Village Offices who are less careful and less thorough; 2) Land owners and neighbors because they do not actively control their land and do not know the exact boundaries of their land. Then the resolution of cases of overlapping control and ownership of land is carried out through litigation and non-litigation. However, most cases of overlapping land ownership and control are resolved through litigation. Keywords: Land Dispute, Overlapping Certificates, Cancellation of Certificates

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