Juridical Analysis of the Existence and Legality of Control of Land/Land Rights to Strengthen Legal Certainty (Research Study in Galang District)

Abstract

This research aims to discuss: 1) What are the legal regulations regarding the existence and legality of land rights to ensure legal certainty (research study in Galang District); 2) How to implement the existence and legality of land rights to ensure legal certainty (research study in Galang District); amd 3) What factors constitute obstacles/constraints as well as solutions to the existence and legality of land rights to ensure legal certainty (research study in Galang District)? Based on the title and variables referred in this thesis and integrated with the construction of the problem formulation, the specification of this research is normative legal research supported by empirical legal research. The community already has their rights, but it is considered to be in an illegal location because of land problems that arose after the Decree of the Minister of Forestry Number 307/Kpts-II/1986 which made Galang as the forest area and established the status quo, which ultimately had an impact on society. The Status quo automatically not applicable with the provisions of Government Regulation Number 5 Year 2011 concerning regulatory changes to Government Regulation Number 46 Year 2007 concerning Batam Free Trade and Free Port Area. After a long time, Decree of the Minister of Agrarian Affairs and Spatial Planning has finally been issued to the Head of Batam Free Trade Zone and Free Port Authority (BP Batam) regarding Management Rights (HPL) in Rempang Area. After HPL was officially given to BP Batam, the party has prepared the development of Rempang Area, as a guide for area management including management development planning activities, so that investment in Rempang Area can be in line with targets. The unclear status of land ownership by the community is considered illegal land ownership. Based on Article 19 of the Basic Agrarian Law, the government is ordered to carry out land registration throughout the territory of the Republic of Indonesia.Considering that increasing sustainable National Development requires guarantee of legal certainty in the land sector. Land registration which is assigned based on the Basic Agrarian Law to the government, means of providing the intended guarantee of legal certainty.