SKRIPSI
STATUS HUKUM HAK KEPEMILIKAN ATAS TANAH TIMBUL TERHADAP PENGAJUAN TANAH BARU DALAM PERSPEKTIF HUKUM AGRARIA
Muarabaru Karawang Regency is also the same as other coastal areas
which were formed because emerging land (anslibbing) is land that has potential
and economic value to be used for agriculture, ponds and as a location for building
projects. This is land that is formed as a result of natural phenomena. In the history
of land in Indonesia, Indonesia already has special provisions governing land,
namely in Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles,
hereinafter referred to as UUPA. As Basic Regulations, UUPA only regulates the
basic principles or issues in its outline in the form of national land law.
In this research, the specification of the analytical descriptive research
method is to describe the facts that occurred and not only to describe the research
results, but research according to cultivation and other statutory regulations as well
as the theory and practice of state law in 2004. As an approach, a normative legal
approach is used which is supported by empirical jurisprudence.
The research results show that regarding the legal position/status of the
emergence of the land as new land that occurs naturally, it is state land. According
to Article 1 of Government Regulation Number 8 of 1953 concerning Land arising
(aanslibbing) generally only three types of rights are given for registration the first
time land rights arise, namely: Ownership Rights (HM), Use Rights (HP), and
Building Use Rights (HGB). Legal protection for the status of ownership and
control of land arising in Muarabaru Village can be resolved through systematic
legislation related to this matter. In relation to land which is natural wealth
controlled by the state and used for the greatest benefit of the people, this is stated
in Article 33 paragraph (3) of the 1945 Constitution, which is reaffirmed in Article
2 paragraph (1) of Law Number 5 of 1960
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