ANALISIS YURIDIS PENERTIBAN TANAH TELANTAR HAK GUNA BANGUNAN PT MOJOKERTO INDUSTRIAL PARK

MATERNITY QUEENTA AISYAH HANUM, 20293359 (2024) ANALISIS YURIDIS PENERTIBAN TANAH TELANTAR HAK GUNA BANGUNAN PT MOJOKERTO INDUSTRIAL PARK. Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

The human population is increasing as time goes on, in line with the growing need for land for human purposes However, there is a limitation on the available land on Earth, which fuels people's desire to own land even more. Excessive land ownership triggers suboptimal land utilization, resulting in abandonment of land, as seen in the case of PT Mojokerto Industrial Park with 44 land certificates. Abandoned Land must be regulated and utilized based on related legal grounds, for example Government Regulation No. 11 of 2010, Decree on the Determination of Abandoned Land No. 15 to No. 58/PTT-HGB/BPN RI/2013 and case decision No. 54/PDT. G.2017/PN. MJK, No. 780 K/PDT/2021, No. 698 PK/PDT/2022 to find out how the relevant parties follow up on abandoned land cases, the process of controlling abandoned land and the follow-up of utilization that has been carried out by the National Land Agency. This research uses a juridical-normative or doctrinal method with empirical elements with a case approach and a statue approach. The stage of controlling abandoned land refers to Government Regulation No. 11 of 2010 including: 1) Identification and research; 2) Warning to rights holders; 3) Determination of abandoned land; 4) Utilization of state land of former abandoned land. The stages of controlling abandoned land can be carried out after the emergence of the Decree on the Determination of Abandoned Land No. 15 to No. 58/PTT-HGB/BPN RI/2013. The emergence of the decree resulted in several legal actions in the form of case decision No. 54/PDT. G.2017/PN. MJK was won by PT MIP, No. 780 K/PDT/2021 was won by PT MIP and No. 698 PK/PDT/2022 was won by BPN. Decision No. 54/PDT. G.2017/PN. MJK and No. 780 K/PDT/2021 were won by PT MIP because the judge considered that PT MIP had made good use of its land based on the field monitoring that had been carried out by the judge while No. 698 PK/PDT/2022 was won by BPN because new evidence had been found (novum). The last follow-up carried out by BPN included the unblocking of 44 certificates for the elimination of land rights and a hearing with the Mojokerto Regency DPRD for a plotting plan for abandoned land. In the process of controlling and utilizing abandoned land, there are also obstacles that hinder the acceleration of control and utilization activities. These obstacles include the inability to open the block for 13 other certificates and the issuance of a Land Determination Decree to become State Land which takes a long time. In the process of controlling and utilizing abandoned land, there are also obstacles that hinder the acceleration of control and utilization activities. These obstacles include the inability to open the block for 13 other certificates and the issuance of a Land Determination Decree to become State Land which takes a long time. Keywords: Control and Utilization of Abandoned Land, Follow-up.

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