Abstract
This research discusses the settlement of land rights disputes. The problem is how the basic legal consideration of land rights above the Managemen Rights ( hereinafter referred to HPL ) certificate in the Special Economic Area Mandalika Central Lombok District and why the dispute on land rights that has a permanent legal force or inmate in the Special Economic Area Mandalika Central Lombok ( Supreme Court decision No. 78 PK/TUN/2011 ) can not be executed. This research aims to know and analyze the basic legal considerations and dispute on land rights that has a permanent legal force or inmate in the Special Economic Area Mandalika Central Lombok ( Supreme Court decision No. 78 PK/TUN/2011 ) can not be executed. This method of research uses normative legal research methods. The approach is used are the conceptual approach, the legislation approach, and the case approach. The result of this research is the first basic consideration of legal ownership of land rights is the regulation of the Minister of Agrarian of the head of National Land Agency number 9 of 1999 about the procedure for granting and annulment of land rights and management rights, government regulation Number 10 of 1961 concerning land registration, government Regulation Number 24 of 1997 about land registration, regulation of the Minister of the Interior number 5 of 1974 about the conditions on the provision and giving of land for corporate purposes, and regulation of the Minister of the Interior number 15 of 1975 about the provisions on the Ordinance of Land acquisition. Secondly, land rights disputes that has a permanent legal force or can not be executed ( Incrah ) due to rules relating to the application of land rights certificate above Management Rights, has not been set or has been revoked and not valid since the issuance of regulation of the Minister of Agrarian state/head of national Land Agency No. 9 of 1999 on procedures for granting and canceling rights to land and management rights. DOI: 10.7176/JLPG/98-04 Publication date: June 30th 2020
Highlights
Land is an important natural resource for survival for mankind, human relationships with land is not just a place of life, but more than that land provides resources for the survival of mankind
For the nation of Indonesia, land is the gift of Almighty God and is a national wealth, which means of organizing all the activities of the people's life and has an important role for survival for mankind, as well as the importance of the State, especially in supporting the development activities of the field, always need land as a place for the implementation of the development activities
Indonesia has the largest archipelago in the world that has many islands, the name of the alternative that is commonly used is “Nusantara”, not to be separated from that Indonesia has a lot of diversity from different religions, tribes, and cultures, such as one of the provinces in West Nusa Tenggara that has a variety of cultures, religions, and different tribes but West Nusa Tenggara has a lot of places or areas that are a tourist destination and one of ten destinations in Indonesia, one of the tourist destinations in Lombok Island that we know is Mandalika Beach South Lombok which is known as the Special Economic area
Summary
Land is an important natural resource for survival for mankind, human relationships with land is not just a place of life, but more than that land provides resources for the survival of mankind. Pursuant to article 1 of law number 39 of 2009 concerning the Special Economic area stated that: The Special Economic Area (hereinafter referred to as KEK) is a region with a certain boundary within the jurisdiction of the unitary State of the Republic of Indonesia which is set to hold economic function and obtain certain facilities. According to article 1 of law number 39 of 2009 about the Special Economic area, the special Economic Area located in central Lombok is managed by PT. ITDC is one of the State-Owned Enterprises (hereinafter referred to as BUMN) that manages the area of South central Lombok which is known as Kuta Beach, Mandalika becomes a tourist area equipped with the infrastructure and facilities of hotels, villas and others. The problem of land rights disputes is a very sensitive matter, perhaps due to its nature which is a basic necessity, but the number of resources are limited or is not balanced between www.iiste.org supply and demand, which has been compounded by the action of the speculator and participatory/landlord who controls various fields of land on behalf of the "investment" at the same time some members of the community still farming or residential on the basis of tenancy
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