ANALISIS PENYELESAIAN PERKARA PERTANAHAN ANTARA AHLI WARIS BUANG MANAN DENGAN PEMERINTAH KABUPATEN BANYUWANGI (Studi Putusan Mahkamah Agung Republik Indonesia No.68 PK/TUN/2013)

RAFAEL GLORY MARCHEL SEBAYANG, 20293369 (2024) ANALISIS PENYELESAIAN PERKARA PERTANAHAN ANTARA AHLI WARIS BUANG MANAN DENGAN PEMERINTAH KABUPATEN BANYUWANGI (Studi Putusan Mahkamah Agung Republik Indonesia No.68 PK/TUN/2013). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

A dispute or conflict can develop into a case if the aggrieved party has expressed dissatisfaction or concern by filing a lawsuit through a judicial instituions. As happened in a case that occurred in 2021 involving a Land Dispute between Dedy Mardiyanto as one of the heirs and the Banyuwangi Regency Government over a plot of land that has been built into SDN Klatak Banyuwangi Regency with Right of Use No. 29/Klatak on behalf of the Banyuwangi Regency Government dated November 6, 2007 with a Measurement Letter dated August 28, 2007 No. 00150/2007 covering an area of 1.900 m2. Dedy claimed to have won the dispute with BPN based on the decision of the Supreme Court of the Republic of Indonesia number 68 PK / TUN / 2013, but the Executive Head of the Banyuwangi Education Office assessed that the decision from the Supreme Court was a decision to cancel the status of land rights so that his party argued that to be able to confirm who the land belonged to still needed a decision from the civil court. Therefore, this research aims to examine the land dispute case in Klatakan, Banyuwangi Regency, East Java Province so that a solution can be found immediately so that the dispute does not occur prolonged and sacrifice the social life of the community in Klatak Village. The method used by researchers in this research is a normative legal research method with a case study approach. The case study approach that researchers discuss is the case in the decision of the Supreme Court of the Republic of Indonesia No. 68 PK/TUN/2013. In addition, this research is also included in the type of literature research or literature conducted by collecting data sourced from books, journals, books, articles, and certain writings. The results showed that the lawsuit brought by the heirs was based on the inconsistent and unclear administrative process of land ownership due to the issuance of a Right of Use certificate on the land in 2007 without notice or consent from the heirs which then triggered a legal dispute. The impact of the land dispute between the heirs of Buang Manan and the Banyuwangi Regency Government is detrimental to all parties involved. Non-compliance with proper land registration procedures leads to legal uncertainty and protracted conflicts, therefore it is important that the Land Office can immediately take the necessary administrative action as a preventive measure and that closer collaboration between the Land Office and local government and communities is essential to ensure the accuracy and completeness of land data. Keywords: Land Dispute, Heirs, and Land Use Right Certificate.

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