Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia

Research Article

Legal Implications of Absentee Agricultural Land Ownership: Study in Suka Maju Village, Sibolangit District, Deli Serdang Regency

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  • @INPROCEEDINGS{10.4108/eai.4-11-2022.2329673,
        author={Febri Manista Br Sembiring and Nur  Adhim and Aisyah Ayu Musyafah},
        title={Legal Implications of Absentee Agricultural Land Ownership: Study in Suka Maju Village, Sibolangit District, Deli Serdang Regency},
        proceedings={Proceedings of the International Conference on Sustainability in Technological, Environmental, Law, Management, Social and Economic Matters, ICOSTELM 2022, 4-5 November 2022, Bandar Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={ICOSTELM},
        year={2023},
        month={9},
        keywords={legal implications land reform absentee land},
        doi={10.4108/eai.4-11-2022.2329673}
    }
    
  • Febri Manista Br Sembiring
    Nur Adhim
    Aisyah Ayu Musyafah
    Year: 2023
    Legal Implications of Absentee Agricultural Land Ownership: Study in Suka Maju Village, Sibolangit District, Deli Serdang Regency
    ICOSTELM
    EAI
    DOI: 10.4108/eai.4-11-2022.2329673
Febri Manista Br Sembiring1,*, Nur Adhim1, Aisyah Ayu Musyafah1
  • 1: Faculty of Law, Diponegoro University, Semarang, Indonesia
*Contact email: febrimanistabrsembiring@gmail.com

Abstract

Prohibition of ownership of agricultural land in absentees is still often found in various areas, especially rural areas. Agricultural land absentee until now can still be found in Suka Maju Village. Implementing the prohibition that has not been able to apply optimally in the village causes a new problem. One of the absentee lands in the village was abandoned by the owner, causing a dispute over the ownership of land rights with the villagers. The purpose of this study was to determine the cause of absentee land ownership in Suka Maju Village and the legal implications that can occur if you own agricultural land absentee. The approach method used in this research is empirical juridical with descriptive-analytical research specifications. The data used in this study are primary data and secondary data, which are then processed using qualitative analysis techniques. The results showed two causes of absentee ownership of agricultural land in Suka Maju Village. First, there is a legal act in the form of buying and selling. Second, a legal event in the form of death causes inheritance. Absentee agricultural land owners can affect the abolition of land rights if their absentee land owner does not carry out the obligations stipulated in the legislation. Heirs who own agricultural land in the absentee are obliged to carry out the provisions stipulated in Article 3c of PP No. 41 of 1964 as one way to save stored land rights