ANALISIS KONFLIK AGRARIA VERTIKAL DAN HORIZONTAL (STUDI KASUS: PERMASALAHAN TANAH DI TOBELO KABUPATEN HALMAHERA UTARA)

YOFA ADITAMA HARUMUNINGTYAS, 20293619 (2024) ANALISIS KONFLIK AGRARIA VERTIKAL DAN HORIZONTAL (STUDI KASUS: PERMASALAHAN TANAH DI TOBELO KABUPATEN HALMAHERA UTARA). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

The issue of land ownership in the capital city of North Halmahera Regency, which was formed in 2003, has become a particular concern even to the central government because there is no legal certainty regarding the land used for the construction of government buildings. Apart from that, there is also control from the community over the use of residential areas. The North Halmahera Regency Government uses 273 hectares of the former Afdeling Tobelo Dutch Plantation land from the 1,222.40 hectares which are still listed as assets of PTPN XIV, even though this land has no longer been managed by PTPN since the 1980s. This research uses a case study method with a qualitative approach to examine the agrarian conflict involving the North Halmahera Regency Government, PTPN XIV, and the Tobelo community. This conflict consists of a vertical conflict between the regional government and PTPN XIV as well as a horizontal conflict between PTPN XIV and the community occupying the land. The research results show that this conflict is caused by unresolved land rights claims, hampering regional development plans and creating uncertainty for the people living on the land. This conflict has a negative impact on community welfare and regional development, because the lack of legal certainty results in fears of eviction and life unrest. The North Halmahera Regency Government continues to strive to obtain legal certainty over the land, but until now it has not reached a clear point because the land is registered as an asset of PTPN XIV. Resolving this conflict requires special attention to achieve social justice in accordance with the constitutional mandate, for the welfare and prosperity of local communities. Keyword: Agrarian Conflict, Legal Certainty, Regional Development, Community Welfare

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