Volume 3, Number 4, February 2022 e-ISSN: 2797-6068 and p-ISSN: 2777-0915
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KEYWORDS Abandoned Land, Delete right on land, result law ARTICLE
INFO Accepted: Revised: Approved: |
ABSTRACT A neglected land is a
plot of land that is purposely not utilized as allotment by the landholder.
It is done in a certain period and causes consequences for people who are in
the location land displaced be. What makes neglecting land become a wrong
action is because it will arouse negative impact if it is handled wrongly.
The aims of this research is to explore the legal consequnces for neglected
land holdres right based on government regulation number 11 of 2010. This is
a normative law study, the researcher use legislation and library studies to
collect the data. The reslts shows that to prevent the negative effect
occurrence, land neglectment should be anticipated earlier. Hence, the
Regulation of agrarian principles Number 15 of 1960 reminds everyone,
especially the landholder, to not abandon the land purposely. The seriousness
of the BAL prohibits the existence of neglecting land, looks at the threat in
the form of sanctions that will be given, that is delete it right on the land
in question, termination connection law between the land and the owner, and
the land will be confirmed as State Land. |
INTRODUCTION
The land is
an abundance from Almighty God One for the people, nation, and the State of
Indonesia, which must be cultivated, utilized, and used for big prosperity
people. The Land is a source of life for creatures' life. Man lives and stays
on land and uses the land for carrying out life. So the importance of land is
because it can produce a very useful nature for many people. Naturally, if we
manage land with the best so that it can be used could give prosperity people
as mandated ( in Article 33 Paragraph (3) of The Constitution of the Republic of
Indonesia, 1945), which states that, Earth, water and
wealth" nature contained inside is controlled by the State and used for
big prosperity the people. (Agrarian Minister, n.d.-c) formulate that all
rights on land have function socially. Formulas that make holder rights owned
by on land have an obligation for using the land in question following the
situation, as well as nature and purpose, give the right to be useful for
well-being and happiness for those who have nor for Public surroundings. It
means that to rights owned by on land they must be worked and cannot be left
any productive or abandoned, because if no right owned by on land this by the
State will be revoked as Article 27 of the BAL (Agrarian
Minister, n.d.-b), which
outlines that one reason deletes it right owned by because abandoned. SInce
that action neglects land, this must be avoided to avoid a negative effect on
the land. Remember the importance of land, then should some institutions have
authority like a country to manage and organize the existence and role of the
land. Article 33 Paragraph (3) of The Constitution of the Republic of Indonesia (1945) affirms the role of
the state in managing and organizing land, that the rich nature contained in it
is controlled by the state and used for big prosperity (Harsono, 2003).
Consequent
state recognition of right on land owned by a person or legal entity, then the
state is obliged to guarantee certainty law to right on land that, so that any
person or legal entity that owns the right could maintain his rights.
Distribution rights on the land according to the BAL are Ownership Rights,
Cultivation Rights, Building Use Rights, Use Right, Rent Rights, Unlocking Land
Rights and Rights Collecting Forest Products. As well as others rights that do
not include in rights mentioned above and the rights that are while meant to
give right on land based on the designation and the subject of the request
right on land that. For example, land controlled by the state can be given
Cultivation Rights if allotment land by the applicant right used for
agriculture, fishery, or farms and land Building Use Rights could be given to
the person or legal entity that will establish and own the buildings above land
that is not hers.
In progress
rights on land that has been given for various necessities as above, It does
not always followed with physical activity use land. The following nature and
purpose right or spatial plan from use and designation land, fine because
holder rights not yet feel need to use the land or the holder rights not yet
have sufficient funds for doing development or because things other (Sumardjono, 2007).
To prevent
the appearance of negative that, then effort to neglect land should be quickly
anticipated as early as possible. For that is �in the Regulation of Basic Agrarian Law Number
15 (Agrarian Minister, 1960b), reminds everyone,
especially the holders right, to not abandon the land on purpose. The
seriousness of the BAL prohibits existence action neglect ground can be� viewed as the threat in the form of sanctions
that will be given. It is cancel their right on the land in question,
Termination connection law between the Land and the Owner, and the land will be
confirmed as State Land (Land controlled directly by the State), as in Articles
27, 34 and 40 of the LoGA.
Abandoned
land is one problem necessary land got attention, if not handled with ok, thing
this, in turn, will bother the way development and breaking principle Justice
for society in general, remembering supplies more land limited and need for
land for development, agriculture, and housing are increasingly increasing.
Principle
agrarian law is basic law state administration in the field of land. In the BAL,
it is determined type rights on land that can be owned by Indonesian citizens
or legal entities. The rights on the land in question according to Article 16
paragraph (1) of the LoGA consists of: Ownership Rights, Cultivation
Rights, Building Use Rights, Rights to Rent, Unlocking Land Rights,
Collecting Land Proceeds Rights, and other rights that are not including in
rights above will be applied with Constitution as well as inherent rights while
(Agrarian Minister, n.d.-a). In the LoGA it is
determined that in gift rights on land to Indonesian citizens or legal entities
should notice use land following function and purpose gift rights and
prohibited use land that is not following purpose and function gift the rights.
The status of land in Indonesia itself is divided into two groups. First, state
land, namely land which is still empty and not yet there is connection law with
individuals. It means directly controlled and managed by the state as the
governing body. Second, land that has connection law with private people or
legal entities, or what is often called land rights. The purpose of this study
is to explore legal consequences for neglected landholders� right based on Government regulation number 11 (2010).
METHOD�� RESEARCH
Approach
Problem Based on type normative research, then approach that can be used in a
study this is approach legislation (state approach), namely, with study
Relevant laws and regulations adrift with issue current law handled. The data
sources are from legislation and libraries studies (Rijadi & Priyati, 2017). Libraries studies are
marked with activity looking for existing literature relations with the core of
the discussion, in particular about Settings land abandoned and everything the
problem.
Procedure collection
legal material for making it easy discussion, then the information is collected
through a gradual process. It starts from sources written originating from
regulation legislation and other related writings with the land. Next, the data
that has succeeded collected, processed following necessity for made data
discussion with technique data collection and classify in each of the chapters
and sub-chapters that have been arranged sequentially according to main problem
for then analyzed.
Processing
and Analysis of collected the data based on the qualitative method, that is a
method that produces information descriptive-analytical and collected for then
decipher facts then concluding and utilizing deductive thinking method that
draws a departing conclusion from things that are generally going to special
things.
RESULT AND DISCUSSION
In
Indonesia, the law land set in Law No.5 of 1960 concerning the rules based on
the the Basic Agrarian Law or what can be called as BAL (Agrarian Minister, 1960a). State gives rights on
land for cultivation, use, or utilized in accordance with condition and
function rights on land that has been obtained could delete right because of a
number of things, one of which because abandoned. Abandoned land in Indonesia
is not new Case in journey arrangement law agrarian in this country. Draft land
displaced could be found in notions land abandoned: Based on the nature of the Principle
Agrarian Law (BAL), all parties, especially the holders right on land, need to
understand and take care not to occur land abandoned. A number of provisions in
the related BAL with land displaced is as following:
a)
Article 2 paragraph (2) letter
b, states that the state as organization power is authorized to� determine and
regulate" relationships law between people with earth, water and
space." Based on provision, the competent state cut off connection law among
humans who have rights on land if man abandons the land.
b)
Article 6 states, "all
right on land have social function." In Explanation General chapter the
declared that right on land whatever is in someone no could allow that the land
that will be used (or no used) solely for interest personal, moreover if Case
that cause loss for society. Use land should customized with condition and
nature than the right, until beneficial good for prosperity and happiness who
have it nor also useful for society and state. Based on explanation the 6th
article mandated that rights on land not only containing authority but also at
the same time obligation for use, work on, and make use of it, so that letting
land the displaced it means land the in state no work, no utilized means
violate mandate Article 6 BAL.
c)
Article 10 paragraph (1)
states that "every person or legal entity that has something right on land
agriculture in principle is required to do or work on it alone by actively,
which prevents blackmail". This gives definition that someone who has
something right on ground in principle must do alone the land by active and not
allowed same very for no strive or abandon land in accordance with allotment.
d)
Article 15 states that
"maintaining" land, including add fertility as well as preventing the
damage is the obligation of each person, legal entity or agency that has
connection law with land that, with notice of economical party weak."
Abandonment land is one� action that can
lower fertility land so that impact on quality environment, the contrary with
mandate Article 15 of the BAL states that: It�
becomes an obligation for the party who owns connection law with land to
look after as well as add fertility land.
e)
�Article 27, a number 3, states that "Proprietary
Rights to" land delete when the landfall down to the country because
abandoned. "Then in the explanation declared that land abandoned if with
on purpose not used in accordance with the situation or nature and purpose than
his rights.
f)
Article 34 letter e, states
that the Right for Cultivation is abolished because the land is� abandoned."
g)
Article 40 letter e, states
that Building Use Rights will be deleted because the land is abandoned.
Terms show that
every right on given land or obtained from the state (Ownership Rights,
Cultivation Rights, and Building Use Rights) will be canceled if abandoned.
That means, their element intentionally does no use in accordance with the
situation or nature and purposes his rights.
According to
Regulation Government Number 11 of 2010 concerning Control and Utilization of
Abandoned Land Definition land displaced could seen in explanation Article 2
Regulation Government Number 11 of 2010 concerning Control and Utilization of
Abandoned Land which states that, "Object" land displaced covers land
that has been given rights by the State in the form of Ownership Rights,
Cultivation Rights, Building Use Rights, Right to Use, and Rights Management,
or base mastery on land that is not work, no used or no utilized in accordance
with state or nature and purpose gift right or base mastery (Regulation Government, 2010). Likewise the existing
land� base mastery declared as land
displaced if the land had no work, no use, or not utilized in accordance with
condition or set conditions in permission location, mail decision gift rights,
letters decision release area forest, and/ or in permission/ decision/ letter
other from authorized official. With this land displaced is land right
property, right To use business, rights To use building, rights use, and rights
management or existing land base his willful mastery no work, no used, no used
in accordance with circumstances, nature and purpose his rights (Magnis-Suseno, 2016).
Many reasons
underlying holder rights on land do not utilize land he owns, one of them is
diversion asset riches or investment. Election land as shape diversion asset or
infestation because value/price land tends to increase. Amount of needed party
land for set up the place stay or the place effort not comparable with
availability more land reduce breadth, p this is what makes owner land make
land as one shape investment. Diversion shape investment in land no could be
blamed, because sell return owned land to party anywhere is right from si
holder right on land. However in the running time I feel very sorry because
electing parties infest this forget or ignore not quite enough answer they as
holder rights. In Article 10 of the BAL Paragraph (1) states "Every person
and legal entity that has something right on land agriculture in principle
required do or work on it alone by active, with prevent ways marketing."
Abandonment made holder right result in owned land Becomes reduce Mark the
benefits, especially for people who are in the location where land displaced
be, which makes neglect land Becomes something wrong action because existence
impact negative that can arise. As for the possible impact, occurring is the
more increased gap social when silenced without strict rules could cause
conflict social between Public However need remember that definition abandoned
land different with indicated land abandoned. According to the Regulation Head
of the Indonesian National Land Office (INLO) Number 4 of 2010 concerning Procedures
for Issuing Abandoned Land, Agrarian Minister (2010), stated the definition
displaced land are, "Land that has been given rights by the state in the
form of Ownership Rights, Cultivation Rights, Building Use Rights, Use Right,
and Rights Management, or base mastery on land that is not work, no used, or no
utilized in accordance with the situation or nature and purpose gift right or
base mastery." (Article 1 Number 6).
Essential
elements happening land abandoned so criteria or available size worn for set
plot land mastery agency government as land abandoned that is with method
return explain with do interpretations to existing elements, with focus to
purpose gift right on land. So if the condition of the physique looks like land
not well groomed or not preserved, that means not in accordance with the
purpose of giving his rights. So that criteria land abandoned namely:
1.
There must be an owner /
holder right on land (subject). The agency government that obtains land could
submit an application right on land with type right on land that can be given
for agency government, namely right use and rights management.
2.
There must be land rights (Object)
According to draft law land in Indonesia at this time, the agency government
could control land with right use and rights management. Right use given to
lands controlled by the agency government for implementation tasks, while right
management given to agency government with meaning for handed over to party
third, apart from it's also mastered land by agency government occur in shape
base mastery on land.
3.
There must be intentional acts
of no use of land. Article 3 letter b Regulation Government Number 11 of 2010
as Replacement Regulation Government Number 36 of 1998 concerning Control and
Utilization of Abandoned Land, states that no including object order land
abandoned namely : land controlled government good by direct nor no direct and
already status nor not yet status State/Regional Owned Goods that are not on
purpose no used in accordance with state or nature and purpose gift his rights (Agrarian Minister, 2010a). The explanation confirmed
that what is meant with " no " on purpose not used in accordance with
state or nature and purpose gives the right " in provision this is because
limitations State/ regional budget for try, use, or utilize in accordance with
the situation or nature and purpose gift his rights. With so, can drawn
conclusion, if, agency Government (Central/Region) has enough budget for try,
use, or utilize land in accordance with state or nature and purpose gift right,
then will increase original status no is object land abandoned, will become
object order land abandoned. So what is meant on purpose could be interpreted
as state capable from aspect State/ regional budget for try, use, or utilize in
accordance with obligation.
4.
There must be the action caused
by His responsibilities Obligations that by general could put forward as
following. Article 6 BAL, all right on land working social. It means right on
whatever land one has no could be justified, that the land that will be used or
not used solely for personal interest, moreover the Case that causes loss for
society. Use of land should be customized with circumstances, nature and
purpose from right on land, so that it is beneficial for those who have right
neither on land nor for society and the State. Not look after signs boundary,
ground left empty, as shape denial to function social or no heed function
social right on land. Article 10 paragraph (1) BAL. Every person and legal
entity that has something right on land agriculture in principle requires doing
or working on it alone by actively preventing blackmail. With such a principle
that basically everyone cannot deliver the land done by someone else.
5.
There must be period time
certain Where the holder right ignore his obligations Regulation Government
Number 11 of 2010 as replacement Regulation Government Number 36 of 1998
concerning Control and Utilization of Abandoned Land, states that the
organizing committee membership consist from elements of the National Land
Agency and elements of agency related matters regulated by the Head of the
National Land Agency carry out identification and research to indicated land
abandoned that. This thing implemented counted from 3 (three) years since put
in order Right Use, the Rights Management; or since ending permission/ decision/letter
base mastery on land from Authorized officials. Committee conveys report
results identification, research, and Minutes to the Head of the Regional
Office of the National Land Agency. If based on results identification and
research concluded there is land abandoned, and then The Head of the Regional
Office of the National Land Agency shall notify and at the same time give written
warning first to Holder Rights. So that in period 1 (one) month since date
publication letter warning, using the land in accordance the situation or
according to nature and purpose gift right or in accordance permission/
decision/ letter as base his mastery. In the letter warning first need
mentioned things that are concrete should be made by holder Rights and
sanctions that can be dropped if Holder Right no heed or no doing warning
meant. If Holder Right did not warn, the Head of the Regional Office of the
National Land Agency gave a warning written second with period same time with
warning first. In letter warning second, after notice progress from letter
warning first, mention return things must be concrete made by holder Rights and
sanctions that can be dropped if Holder Right no heed or no doing warning
meant. If Holder Right no doing warning referred to, the Head of the Regional
Office of the National Land Agency provides warning written third with period
same time with warning second. In letter warning the third which is warning
last, after notice progress from letter warning second, mention things must be
concrete made by holder Rights and sanctions that can be dropped if Holder
Right no heed or no doing warning meant. If Holder Right permanently did not
warn, the Head of the Regional Office of the National Land Agency proposed to
the Head of the National Land Agency to set the land in question as wasteland.
With fulfilled criteria that, then Case that could be worn for set that land
with right the abandoned. Assigned land as land abandoned, when its whole
expanse, then right on the land abolished, decided to connect the law, and
confirmed Becomes occupied land directly by the State. Land assigned as land
abandoned, when is part abandoned expanse, then right on the land abolished,
decided connection legal and confirmed Becomes occupied land directly by the
State and so on to used Holder Right given return on part real land cultivated,
used, and utilized in accordance with decision gift his rights. To get right on
land on part land, former Holder Right could submit application rights on land
in accordance with provision regulation legislation. If land abandoned rights
are not enough from or the same with 25% (two fifty five percent), then Holder
Right could submit application revision large on field real land used and
utilized in accordance with the decision to give his rights. Cost on revision
subtraction large the Becomes burden Holder rights.
Proposed
land for set as land abandoned, declared in the state of the status quo since
the date proposal. declared land in state of the status quo, no deed law on
field land until published determination land abandoned which also contains
determination to delete it right on land, all at once decide connection law as
well as confirmed as occupied land directly by the State. Land that has been
set as land abandoned, in a maximum period of 1 �(one) month since the set decision determined
land abandoned, mandatory vacated by former Holder Right on things on it with
burden cost concerned. If used Holder Right does not fulfill obligation, then
things no again Becomes belongs to him, and is controlled directly by the
State.
Abandonned
land whatever objects included into the land displaced loaded in Article 2
Regulation Government Number 11 of 2010 concerning Control and Utilization of
Abandoned Land which mentions that: " Object " order land displaced
covers land that has been given rights by the State in the form of Ownership
Rights, Cultivation Rights, Building Use Rights, Hak Use and Rights Management,
or base mastery on land that is not work, no used, or no utilized in accordance
with the situation or nature and purpose gift right or base mastery".
Regulation
Government Number 11 of 2010 determines object land displaced as arranged in
Article 2, namely:
1.
Land with Right to Cultivate,
whether the subject is individual as well as legal entities established
according to Indonesian law and domiciled in Indonesia 2. Land rights Use
2.
Land with Building Use Rights
(HGB), which holds the right individual and has the ability from aspect economy
for seek, use and utilize land but no use land in accordance with state or
nature and purpose give his rights.
3.
Land with Building Use Rights
(HGB) which holds rights in the form of a legal entity (individual Limited).
4.
Occupied land Government (Land
assets government ) and has enough budget for strive, take advantage of land
will but with on purpose no use land in accordance with state or nature purpose
give his rights.
5.
Land Rights Management.
6.
Lands controlled by parties
who have base mastery on land (permit/decision/ letter from the authorized
official who becomes base mastery on ground) but not get right on land in
accordance with provision Regulation Applicable legislation.
All right on
land have function social, then every person, legal entity or agency that has
connection law with land must use the land with look after land, add fertility,
prevent occur the damage so that more Empower use and succeed To use as well as
beneficial for well-being society. Next could seen in the preamble Regulation
Government Number 11 of 2010, where the settings more character preventive as
well as consider that Regulation Government Number 36 of 1998 concerning
Control and Utilization of Abandoned Land, no could again made reference
solution control and utilization land displaced so that need done change. Based
on consideration on Regulation Government Number 11 of 2010, the government
also cares to environment where many land abandoned by the holder right Becomes
decrease quality by economical, as could be listened to in consideration,
" that " moment this neglect land more cause gap social, economic,
and welfare people as well as lower quality environment, so need Settings return
control and utilization land abandoned.[1]
If notice
Settings land displaced street Regulation Government Number 11 of 2010, very
clear object right on any land could be claimed by the state. In evaluating and
assessing, Head of the Indonesian National Land Office guided by Identification
land displaced done by the Head of the Regional Office of the Provincial
National Land Office tell determination control and utilization land to Holder
Land Rights, the party who obtains base mastery land, Regent/Mayor, Head of
Land Office Districts/Cities and Agencies related. Identification and research
land displaced include:
a)
Name and address Holder
rights.
b)
Location, area, rights status
or base mastery on land and circumstances physique occupied land Holder Right
c)
Circumstances that cause land
abandoned.
After the
result data identification and research rated enough as ingredient taking
decision effort control, the Head of the Regional Office establishes a
Committee C consisting of elements of Regional Offices, Land Offices, Regional
Governments, and related agencies with allotment of the land in question.
By
technical, mechanism-Setting land abandoned by the government has set more
carry on in Regulation Government Number 11 of 2010 concerning Control and
Utilization of Abandoned Land. In provision Article 2 has confirmed that object
order land displaced covers land that has been given rights by the State in the
form of Ownership Rights, Cultivation Rights, Building Use Rights, Use Right,
and Management Rights, or base mastery on land that is not work, did not used,
or did not utilized in accordance with the situation or nature and purpose gift
right or base his mastery. With this Consequence law to owner Right over the
Abandoned Land is by juridical, prohibited abandon land as declared in
stipulations governing about obligation for holder right on land ( Article 6,
7, 10, 15,19 BAL) which is an existing principle In BAL. Implementation rights
that don't in accordance with purpose right or allotment so to holder right
will be sentenced a penalty that is right on land that will be canceled and
resulted ending right on land. Next by sociological very tight ground attached
to and needed by the people, because land Becomes source livelihood they that
is for the place stay them, for grow and develop family and land worn for
fulfill needs economy them, that why abandon land prohibited.
CONCLUSION
Based on the
discussion above, one could conclude that relationship and effect law for
holder right on land with abandoned land is existence disconnection connection
law with method the land returned to the intermediate country subject holder
right on land with object land. Thus as declared in Article 9 paragraph (2) and
paragraph (3) of the Regulation Government Number 11 of 2010 concerning Control
and Utilization of Abandoned Land. The legal consequence to owner Right over
the Abandoned Land is by juridical it is �prohibited to abandon land as declared in
stipulations governing about obligation for holder right on land (Article 6, 7,
10, 15,19 BAL), which is an existing principle in BAL. Implementation rights
that do not following purpose right or allotment so to holder right will be
sentenced a penalty that is right on land that will be canceled and resulted
ending right on land. Next by sociological very tight ground attached and
needed by the people, because land Becomes source livelihood they that is for
the place stay them, for grow and develop family and land worn for fulfill
needs economy them, that why abandon land prohibited. Protection law for those
who control and manage land displaced is existence certificate right on land
owner will be protected from action arbitrary from party other, as well prevent
dispute ownership land.
REFERENCES
Agrarian Minister. Article 16 paragraph (1) of the LoGA.
Agrarian Minister. Article 27 of the Basic Agrarian Law.
Agrarian Minister. Article 6 of the Basic Agrarian Law.
Agrarian Minister. Law No.5 concerning the rules based on
the the Basic Agrarian Law. , (1960).
Agrarian Minister. Regulation of Basic Agrarian Law Number
15. , (1960).
Agrarian Minister. Article 3 letter b Regulation
Government Number 11 of 2010. , (2010).
Agrarian Minister. Number 4 of 2010 concerning Procedures
for Issuing Abandoned Land. , (2010).
Article 33 Paragraph (3) of The Constitution of the Republic
of Indonesia. , (1945).
Government regulation number 11. , (2010).
Harsono, Boedi. (2003). Hukum Agraria Indonesia Sejarah
Pembentukan Undang-Undang Pokok Agraria. Isi Dan Pelaksanaannya, Jilid, 1.
Magnis-Suseno, Franz. (2016). ETIKA POLITIK. Prinsip Moral
Dasar Kenegaraan Modern. PT Gramedia Pustaka Utama.
Regulation Government. concerning Control and Utilization
of Abandoned Land. , (2010).
Rijadi, P., & Priyati, S. (2017). Memahami Metode
Penelitian Hukum Dalam Konteks Penulisan Skripsi.
Sumardjono, M. S. W. (2007). Kebijakan Pertanahan antara
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Copyright holder:
Firza Samiyah, Bambang Arwanto (2022)
First publication right:
Devotion - Journal of Community Service
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