Journal article // Jurnal Nestor Magister Hukum






Kekuatan Hukum Surat Keterangan Penguasaan Tanah (Skpt) sebagai Bukti Hukum Penguasaan Atas Sebidang Tanah (Studi di Kota Pontianak)
2017
Dono Doto Wasono, S.H. Npm.A2021141034, Jurnal Mahasiswa S2 Hukum Untan

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Kekuatan Hukum Surat Keterangan Penguasaan Tanah (Skpt) sebagai Bukti Hukum Penguasaan Atas Sebidang Tanah (Studi di Kota Pontianak) Image
Abstract

This thesis discusses the Legal Strength of Land Tenure Certificate (SKPT) as a Proof of Legal Mastery over a Plot of Land (Study In Pontianak City). From the results of this thesis research obtained the conclusion that the Land Tenure (SPT) has the force of law as evidence of the mastery of a plot of land. a land certificate in Pontianak City, where people in the city of Pontianak much entrust the process of buying land to the head of the village chief. The village head is a key figure in urban governance and is an influential formal leader in community life. Service to the making of certificate of land ownership has been regulated in Mayor Pontianak Regulation No. 28 of 2016 on Amendment of Mayor Regulation No. 51 Year 2015 About Service Standard Of Sub District And Village In The Environment Of Pontianak Municipal Government. Land tenure (SPT) which is the base of rights that are widely used in various regions, in the country there are different terms but this is the same as the letter of letter or some people call it "SPT Kepala Desa / Kelurahan" and this is included in form of written proof instrument. Land Tenure Certificate (SPT) can be used as legal evidence in the process of making certificates. Land Tenure Certificate (SPT) can be used as legal evidence in the process of making certificates Ensuring legal certainty over the rights of community land and to improve the welfare of the community through land registration. Considering that there are still people who control the land but do not have proof of ownership of the land (base of rights) completely and even have no proof of ownership so constrained in the application of registration of land rights. The Land Certificate function is as a powerful evidence for its owner, meaning that as long as the physical data and juridical data contained therein can not be proved otherwise, it must be accepted as the correct data. Physical data as well as juridical data contained in the book of certificates should be taken from the land books and the measurements of the parcels concerned. The certificate as an authentic deed, has perfect proof power for the owner, where the judge must be bound by the data mentioned in the certificate as long as it can not be proven otherwise by the other party. Legal Responsibility of Head of Kelurahan and village head against information given in connection with the issuance of land tenure letter. The Authority of Kelurahan in Pontianak City Issue of Land Tenure Letter In line with the provisions of the 1945 Constitution Article 33 Paragraph (3) which is described in detail in Article 2 paragraph (2) of Law no. 5 of 1960 on Basic Regulations of Agrarian Principles, Village Governments or other so-called Village Heads in Pontianak and Urban Village in Pontianak as the element of the administrative administration of Kelurahan. Kelurahan is a legal community unity that has the boundaries of the territory authorized to organize and manage the interests of the local community.

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  • Eye Icon 275 views
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Metrics Icon 275 views  //  41419 downloads