PROBLEMATIKA PENERBITAN HAK PAKAI DI ATAS EKS HAK GUNA BANGUNAN DI KOTA SALATIGA (Studi Perkara: No. 75/Pdt.G/2024/PN.Slt dan No. 4/G/2025/PTUN.SMG)

Tata Indah Putri Maharani, 22313989 (2026) PROBLEMATIKA PENERBITAN HAK PAKAI DI ATAS EKS HAK GUNA BANGUNAN DI KOTA SALATIGA (Studi Perkara: No. 75/Pdt.G/2024/PN.Slt dan No. 4/G/2025/PTUN.SMG). Diploma thesis, Politeknik Agraria STPN.

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Abstract

This research examines the problematics of the issuance of Right of Use over former Right to Build land in Salatiga City. The problem originated from the history of Right to Build Number 47 and Right to Build Number 49 under the name of Ny. Liem Giok Nio, which were later claimed by her heir. Meanwhile, over the same land object, Right of Use Certificate Number 97 and Right of Use Certificate Number 99 were issued under the name of the Salatiga City Government. This research aims to analyze the legal basis for the issuance of the Right of Use and the reasons why the former Right to Build holder or heir was not designated as the recipient of compensation. This research uses a qualitative method with a descriptive approach. The data were obtained through document studies of court decisions, land documents, and statutory regulations related to Right to Build, Right of Use, land registration, inheritance, and land acquisition. The data were then analyzed descriptively to describe the relationship between the history of rights, land status, the legal basis for the issuance of Right of Use, and the determination of the recipient of compensation. The results show that the legal basis for the issuance of Right of Use Certificate Number 97 and Number 99 no longer relied on the previous Right to Build, because Right to Build Number 47 and Right to Build Number 49 had expired and there was no decision to extend or renew the rights. The land object was more appropriately positioned as state land formerly subject to rights, which could be granted Right of Use through a decision of the authorized land official. The issuance of the Right of Use was supported by documents concerning land control and utilization, physical data, juridical data, land examination minutes, decisions granting the right, land books, and certificates. The former Right to Build holder or heir was not designated as the recipient of compensation because inheritance did not automatically prove the existence of an active land right, and the land object was not under the heir’s control or utilization at the time the land acquisition process was carried out. Instead, the land object was controlled or utilized by another party when it was needed for public interest. Therefore, the compensation was directed to the party who controlled or utilized the land object at that time. Keywords: state land formerly subject to rights, Right to Build, Right to Use, compensation, legal certainty Right of Use, former Right to Build, state land formerly subject to rights, heir, compensation.

Item Type:	Thesis (Diploma)
Subjects:	H Social Sciences > HD Industries. Land use. Labor > HD29 Pertanahan
Divisions:	Prodi Diploma IV Pertanahan
Depositing User:	yosep ka perpus
Date Deposited:	08 Jul 2026 03:43
Last Modified:	08 Jul 2026 03:43
URI:	http://repository.stpn.ac.id/id/eprint/4869

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