SENGKETA PERSETUJUAN TUKAR - MENUKAR BIDANG TANAH (Studi Kasus: Surat Keputusan (SK) Bupati Badung Nomor: 2200/01/HK/2008 tentang Persetujuan Tukar Menukar Tanah Inventaris Pemerintah Kabupaten Badung Dengan Tanah Milik Perorangan Atas Nama Harijanto Karjadi)

MUHAMAD RIZKY ADITYA WIGUNA, 21303751 (2025) SENGKETA PERSETUJUAN TUKAR - MENUKAR BIDANG TANAH (Studi Kasus: Surat Keputusan (SK) Bupati Badung Nomor: 2200/01/HK/2008 tentang Persetujuan Tukar Menukar Tanah Inventaris Pemerintah Kabupaten Badung Dengan Tanah Milik Perorangan Atas Nama Harijanto Karjadi). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

This study was motivated by the complexity of land disputes arising from a land exchange agreement between the Badung Regency Government and Harijanto Karjadi, as stipulated in Badung Regent Decree No. 2200/01/HK/2008. The main issues raised are the legal validity of the exchange without a deed from the Land Deed Official (PPAT), the factors that triggered the dispute, and the effectiveness of the non-litigation dispute resolution mechanism. The objectives of this study are to analyze the suitability of the mechanism and legal validity of the exchange agreement with applicable laws and regulations, identify the causes of disputes, and evaluate the dispute resolution process through mediation at the Badung Regency Land Office. The research method used is descriptive qualitative with an empirical legal approach. Data collection was conducted through literature review, document analysis, and in-depth interviews with relevant parties. The collected data was then analyzed qualitatively to explain the issues based on applicable regulations and field facts. The results of the study show that the implementation of the exchange based on the Badung Regent's Decree does not fully meet the formal and material requirements for the transfer of land rights, which then becomes the main cause of the dispute. The land owned by Harijanto Karjadi has been utilized by the Badung Regency Government without the completion of a legal transfer of rights process. The conclusion of this study is that although the initial agreement has a legal basis, non-compliance with formal procedures triggers disputes. The dispute was resolved through a small-scale land acquisition mechanism with compensation in the form of money to Harijanto Karjadi. It is recommended that every agreement on the transfer of land rights, including land swaps, be conducted with a comprehensive review of material and formal legal aspects to prevent future disputes, and that mediation be optimized as an effective solution. Keywords: Land Swap, Land Dispute, Resolution, Legal Validity, Mediation, Compensation

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