RATIO DECIDENDI HAKIM DALAM MEMUTUS PERKARA TANAH DITELANTARKAN DITINJAU DARI PERSPEKTIF KEADILAN HUKUM

Abstract

This study aims to determine the criteria for neglect of privately owned land and to determine the views of the community on abandonment of private land. The type of research used is normative juridical research, which is a type of research carried out based on the main legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The results showed, Criteria for determining the land has been abandoned, both under No. 11, 2010 is substantially the same which includes wasteland Object land rights, land rights and management that have a basic mastery land; These lands are not cultivated, not utilized or not utilized in accordance with the circumstances, or the nature and purpose of the rights or basic mastery Therefore land should be maintained. Wastelands is the land that has been granted by the the state in the form of Freehold Rights, Leasehold, Broking, Right of Use and Right Management, or basic control over land that is not cultivated, it is not used, or not used in accordance with the circumstances or the nature and purpose granting basic rights or mastery. Procedure Determination of Soil Abandoned by legislation in Indonesia is divided into four stages are: The first phase of the inventory of land rights or the basis of tenure indicated abandoned, second phase of identification and research of soil indicated abandoned, the third stage alert to the right holder, fourth phase determination of abandoned land Expected Role of Local Government with the authority possessed by him.