NORMATIVE STUDY OF DISTRIBUTION LAND STATUS FOR BUSINESS RIGHTS

Abstract

This study aims to examine and analyze normatively the authority and mechanisms of abandoned land, the utilization of abandoned land, and the roles and responsibilities of notaries / land deed-making officials and government agencies in controlling and exploiting abandoned land and the company licensing process.

This research was conducted with a normative juridical approach, in collecting data from primary materials, laws and regulations, examining legal principles and theories of legal science as well as interviews with parties related to this research problem.

The research concludes in essence: (1). Regulations on Abandoned Land Control are in Government Regulation (PP) Number 11 of 2010 concerning Control and Utilization of Abandoned Land which is followed up by Regulation of the Head of the National Land Agency Number 4 of 2010 concerning Methods of Control of Abandoned Land. Abandoned Land is land that has been granted rights by the state in the form of Property Rights, Business Use Rights, Building Use Rights, Use Rights, and Management Rights, or land tenure rights that are not cultivated, not used, or not utilized in accordance with its condition or nature and the purpose of granting rights or the basis of control. (2). Neglected land control is the process of restructuring abandoned land so that it can be used optimally for the benefit of the community and the state. The control of abandoned land is carried out by the stages of an inventory of land rights or the basis of control over land that is indicated as neglected, identification and examination of indicated abandoned land, warning to rights holders, determination of abandoned land and an inventory of lands with indications of neglect. (3). The responsibility of the Government, in this case the Regional Office of the National Land Agency, the Land Office, the Regional Government and the related institutions that are members of the Committee C, must be responsible and serve in accordance with Government Regulation No. 11 of 2010 and Regulation of the Head of the National Land Agency of the Republic of Indonesia No. 4/2010 in order to control abandoned land, then notary / PPAT plays a role in company licensing, company establishment, GMS, amendments to AD / ART, and transfer of land rights requested by the company.

Keywords: Normative Studies, Abandoned Land Control, Business Use Rights, Sambas Regency.