Legal Review of the Phenomenon of Communities Occupying Land That AlreadyHave Certificate of Property Rights (Case Study of South Ternate City District)

Ishak Raja

doi:10.47191/ijmra/v4-i8-08

Abstract

The research aims to find out what phenomena affect the community occupying land that already has a Certificate of Ownership without going through a process of legal rights under the law and how the settlement process for land objects occupied by the community already has a Certificate of Ownership. The results of this research indicate that legal awareness, law-conscious culture, and law-abiding in social life, various people's perspectives on the land they occupy. After the certificate issuance is not accompanied by socialization by SHM holders, publications. Law enforcement efforts do not exist with the Ternate City Government and the Ternate City Land Agency, because it exists in other institutions. Persuasive approach, deliberation, mediation as a solution to the dispute resolution over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, interpretation of the evidence of ownership of the parties to the dispute failed amicably, the final solution to the dispute over SHM 812, SHM 235, SHM 229, and SHM Number: 00977, through judicial efforts to obtain legal certainty for SHM owners, and people who occupy certified land.

Highlights

This phenomenon, in the District of South Ternate City, Ternate City, especially in Bastiong Talangame Village, Kayu Merah Village, Kalumata Village, and Fitu Village, for example, there is a land problem, namely that people occupy land that already has a Certificate of Ownership (SHM) without a process of transferring rights
Based on the observations made by the author, it shows that the chronology of the problems in Bastiong Talangame Village, Kayu Merah Village, Kalumata Village, and Fitu Village has complex and lengthy problems, draining energy, cost, and time
The land problem in Fitu Village above the Certificate of Ownership Number: 00977, area of 434 M2, the other party claims the existence of a part of the land above the SHM Number: 00977

Summary

Introduction

This phenomenon, in the District of South Ternate City, Ternate City, especially in Bastiong Talangame Village, Kayu Merah Village, Kalumata Village, and Fitu Village, for example, there is a land problem, namely that people occupy land that already has a Certificate of Ownership (SHM) without a process of transferring rights.

Results

Conclusion