Proceedings of the 1st Warmadewa International Conference on Science, Technology and Humanity, WICSTH 2021, 7-8 September 2021, Denpasar, Bali, Indonesia

Research Article

Juridic Review on Land Tenure That Creates Proprietary Rights

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  • @INPROCEEDINGS{10.4108/eai.7-9-2021.2318264,
        author={Lisma Lumentut and Meilson Somalinggi and Liberthin Palullungan},
        title={Juridic Review on Land Tenure That Creates Proprietary Rights},
        proceedings={Proceedings of the 1st Warmadewa International Conference on Science, Technology and Humanity, WICSTH 2021, 7-8 September 2021, Denpasar, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={WICSTH},
        year={2022},
        month={6},
        keywords={land tenure;  new land rights},
        doi={10.4108/eai.7-9-2021.2318264}
    }
    
  • Lisma Lumentut
    Meilson Somalinggi
    Liberthin Palullungan
    Year: 2022
    Juridic Review on Land Tenure That Creates Proprietary Rights
    WICSTH
    EAI
    DOI: 10.4108/eai.7-9-2021.2318264
Lisma Lumentut1,*, Meilson Somalinggi1, Liberthin Palullungan1
  • 1: Departmen of Law, Universitas Kristen Indonesia Paulus, Makassar
*Contact email: lumentutlisma@gmail.com

Abstract

Soil has a very important role for human life. Everyone will try to get land and try to fight for it to fulfill their needs and maintain the life and ecosystem of their group. However, until now only a small part of the land in all regions of this country has been registered, as well as the coverage has not been evenly distributed to all corners of villages that are far from the bustle of the city where the domicile of the institution entrusted with the task of administering land registration is. Many land cases occur because the land certificate holder does not control the land. The land is deliberately neglected so that other people control and cultivate it. For years it has been going on without any complaints from the rights holders. This study uses a normative legal research method, namely research that is focused on examining the application of the rules or norms in the applicable positive law. The results of this study, namely a person can get ownership rights to land if he occupies a land for 20 (twenty) consecutive years if the control and use of the land in question is carried out in real and in good faith and the right holder or certificate holder for the right. a new owner who has never controlled the land and in fact there are other parties who have passed down from generation to generation and continuously for many years, the certificate can be declared legally invalid. Not controlling or working the land for many years can result in the loss of land rights.