Prinsip Kepastian Hukum Penghapusan Aset Hak Atas Tanah Negara Bekas Eigendom Verponding (The Principle of Legal Certainty for the Elimination of Land Rights Assets of the Former Eigendom Verponding)

Suwito, Suwito (2022) Prinsip Kepastian Hukum Penghapusan Aset Hak Atas Tanah Negara Bekas Eigendom Verponding (The Principle of Legal Certainty for the Elimination of Land Rights Assets of the Former Eigendom Verponding). Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The former Eigendom Verponding State Land which was recorded in the Surabaya City Government's inventory list Number 2381810 as the object of the case was decided by the Surabaya District Court on March 19, 2012 whose ruling stated that the plaintiff (the community) had the right to apply for a Building Use Right Certificate and a GS Situation Picture. No. 400/S/1991/ as the basis for recording assets is declared invalid and has no legal force but the court decision which has permanent legal force, namely the Judicial Review Decision (PK) of the Supreme Court of the Republic of Indonesia Number: 409PK/Pdt/2017, dated 19 October 2017 has not provided legal certainty. Based on the legal aspects in the description of the background, the problems can be formulated, namely (1) the principle of legal certainty for the elimination of Surabaya City Government assets in the release of rights to state lands of the former eigendom verponding (2) Legal protection of holders of rights to former eigendom verponding state lands registered as assets of the City Government Surabaya. This dissertation uses normative legal research methods with statutory, case, historical, conceptual and philosophical approaches to analyze and find legal certainty in the norms for the elimination of Government assets based on Law no. 1 of 2004, PP No. 27 of 2014, Surabaya City Regulation No. 14 of 2012 which regulates the implementation of policies and management guidelines as well as the abolition of Regional Property in the relinquishment of former state land rights as eigendom verponding as land assets that are not certified or cannot be proven to be legal acquisitions based on court decisions that have permanent legal force. The findings in this dissertation are hierarchically based, based on Law Number 30 of 2014 concerning Government Administration, the normative order regarding the inherent attribution authority requires intervention in implementation. This is a necessity for justice seekers who are in dispute with the Government so that the principle of legal certainty is enforced. Therefore, the functions of the Central and Regional Legislative Institutions, especially in the control and supervision functions on the basis of complaints from the public in connection with disputes concerning assets, should be able to provide recommendations for the elimination of assets in order to create legal protection. Keyword : Asset Elimination, State Land, Eigendom Verponding

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: Asset Elimination, State Land, Eigendom Verponding
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: 1331900013 suwito suwito
Date Deposited: 20 Sep 2022 12:30
Last Modified: 30 Sep 2022 02:47
URI: http://repository.untag-sby.ac.id/id/eprint/20101

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