RUSMA INDAH ABD RASYID, 22314302 (2026) KEPASTIAN HUKUM PENGGUNAAN TANAH DI KAWASAN SEMPADAN SUNGAI DALAM PERSPEKTIF PERMEN PUPR NO. 28/PRT/M/2015 DI KABUPATEN BOGOR II. Diploma thesis, Politeknik Agraria STPN.
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Abstract
This study aims to analyze the legal regulations on land use in river border zones, evaluate the administrative steps taken by the Land Office of Bogor Regency II to align land certificates, and identify solutions for land rights issued after the enactment of the Minister of Public Works and Public Housing Regulation No. 28/PRT/M/2015. Using an empirical legal research method with statutory, sociological, and case approaches, this study utilizes spatial samples from Sukamakmur District as a pilot project due to its dynamic river channel characteristics. The results indicate that based on PUPR Regulation No. 28/PRT/M/2015, river borders are designated as local protected areas with strict space utilization restrictions to preserve ecological functions. However, a conflict of interest occurs in the field due to high land demand. Based on GeoKKP spatial data, a total of 325 certified fields are located within the river buffer zone, where 13 fields were registered before 2015, and 312 fields were unexpectedly issued between 2015 and 2024. For land fields registered both before and after 2015, their civil legal status remains valid based on the non-retroactive principle and the protection of vested rights (customary rights such as girik/Letter C possessed in good faith). However, this proof of ownership mutates into conditional legal certainty, where land utilization is strictly limited, and constructing new permanent buildings is prohibited. The administrative measures taken by the Bogor II Land Office to harmonize these rights include: multi-level screening and validation of Land Deeds and Survey Plots during registration, corrective functional reduction of land area (cutting) caused by dynamic river shifts (meander), internal blocking policies on disputed areas, and economic rights reconciliation by offering fair compensation through land acquisition schemes as long as the exact border limits have not been definitively determined. The main technical obstacle is the lack of real-time integration of BBWS border spatial layer data into the BPN's GeoKKP system. Therefore, the acceleration of the One Map Policy and preventive monitoring coordination with the Local Government are highly required to harmonize agrarian legal certainty with environmental sustainability. Keywords: Conditional Legal Certainty, River Borders, Land Office, Vested Rights, Area Cutting.
| 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: | 22 Jul 2026 02:19 |
| Last Modified: | 22 Jul 2026 02:19 |
| URI: | http://repository.stpn.ac.id/id/eprint/4902 |
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