KONSTRUKSI HUKUM PEMBERIAN HAK GUNA BANGUNAN DAN HAK PAKAI DI ATAS TANAH KRATON DI PROVINSI DAERAH ISTIMEWA YOGYAKARTA
This thesis deals with the legal concept of the granting of land right of Sultan Grond to the third party according to Basic Agrarian Law focuses on the background of the issuance of the Letter of Head of National Land Agency No. 570.342493 of October 21st, 2003, the practice of the granting of the...
Saved in:
Main Authors: | , |
---|---|
Format: | Theses and Dissertations NonPeerReviewed |
Published: |
[Yogyakarta] : Universitas Gadjah Mada
2011
|
Subjects: | |
Online Access: | https://repository.ugm.ac.id/89508/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51858 |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
Institution: | Universitas Gadjah Mada |
Summary: | This thesis deals with the legal concept of the granting of land right of Sultan
Grond to the third party according to Basic Agrarian Law focuses on the background of the issuance of the Letter of Head of National Land Agency No. 570.342493 of October 21st, 2003, the practice of the granting of the right of building and the right of use based on the Letter of Head of National Land Agency, obstacles and problems faced. Secondary data in the form of document and the results of field research are
analyzed using descriptive-qualitative method in order to answer the research problems.
The results of the study show that:
1. the background of the issuance of the Letter of Head of National Land Agency No.
570.342493 is to provide a legal basis for the people who will utilize Sultan Grond.
2. the practice of granting land to third parties by utilizing Magersari right and Pinjam
Pakai right has taken place for a long time. Those two rights are different: Magersari
right is granted to Abdi Dalem, while Pinjam Pakai right is granted to people other than
Abdi Dalem. Duration of both rights are 10 years and can be extended. Especially for
Regional Government, the duration is 15 years.
3. the mechanism of the granting of the right of building/ the right of use based on the
Letter of Head of National Land Agency No. 570.342493 of October 21st, 2003 contains
asumtion of Kraton as the holder of the right of ownership and the right of anagement
since the Letter of National Land Agency does not clearly state the legal position of
Kraton Yogyakarta�whether as holder of the right of ownership or holder of the right
of management, or holder of Ulayat Land. This obscurity can be seen from the process
of the registration of the right of building/ the right of use in which one needs two basic letters, namely Surat Kekancingan- between Kraton and third parties- and the Decision of Granting of Right by Officials of the Land Agency.
4. The obstacles in the granting of land right to third parties are: first, the administrative completeness and legal event of the applicant |
---|