DAMPAK BENCANA BANJIR TERHADAP WARKAH PERTANAHAN DAN UPAYA PEMULIHANNYA DI KANTOR PERTANAHAN KOTA BEKASI

MARIA HARTATI MP SIMANJORANG, 20293509 (2024) DAMPAK BENCANA BANJIR TERHADAP WARKAH PERTANAHAN DAN UPAYA PEMULIHANNYA DI KANTOR PERTANAHAN KOTA BEKASI. Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

Warkah is an important document and very fundamental to administrative accountability in land sector. Warkah are a means of proving physical data and juridical data on a plot of land and that have been used as a basis for land registration so that their existence must still be intact as long as the plot of land still exist. The flood disaster that hit Bekasi City Land Office resulted warkah belonging to the office being defective and lost. Defective and disappearance of warkah put the office in serious problem because of or not fulfilling legal and administrative aspects as evidence. Therefore, it is necessary to restore warkah that was defective and lost due to the flood disaster. This research was conducted to find out (1) the causes of defective or lost of warkah in Bekasi City Land Office, (2) efforts to restore defective warkah, and (3) legal certainty in land registration caused by the non-recoverability of defective or lost warkah. This research using qualitative method with descriptive approach. Data was obtained through direct interviews with informants and document studies from several related libraries and related regulations. The research results show that the defective and lost of warkah in Bekasi City Land Office was not only caused by the flood disaster but the Bekasi City Land Office’s record storage which did not fulfil the ideals or criterias for standardization of facilities and infrastructure was another causes In response to this, the Bekasi City Land Office together with representatives of the Ministry of Agrarian and Spatial Planning/National Land Agency, the West Java Regional Office of the National Land Agency, and the National Archives of the Republic of Indonesia do restoration as an effort to restore of defective and lost warkah due to the flood disaster. However, not all defective warkah by the flood disaster can be restored. Most of the that had to be destroyed because their physical condition was quite serious. The end of the destruction process is followed by a Destruction Report (Berita Acara Pemusnahan) which records and serves as evidence that the destruction was carried out according to applicable procedures so that can be presented as evidence. So, Destruction Report are used to maintain existence of warkah post-disaster to guarantee legal certainty over land rights. Keywords: Warkah, Recovery, Legal Certainty, Disaster

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