Penyelesaian Hukum Tumpang Tindih Hak atas Tanah : Studi di Desa Rimbo Panjang, Kabupaten Kampar, Riau

Abstract

Overlapping land rights is a reality that occurs when there are two land rights on a plot of land, either in whole or in part. In this case, it is a problem between residents who own the GKPN land and the indigenous community group and PT.HKI who want to compensate for residents' land used for a toll road project. This study aims to determine and analyze the legal settlement of the case of overlapping land rights located in Dusun III, RT. 002, RW. 0002, Rimbo Panjang Village, Kampar Regency, Riau. The formulation of the problem discussed is the factors that cause overlapping land rights, how the BPN's attitude is to overlapping land rights and how to resolve the law. The research method used is normative juridical with a statutory and conceptual approach. Secondary data through literature studies of relevant primary, secondary and tertiary legal materials. And then supporting data in the form of interviews with BPN Kampar and PTUN Pekanbaru. The research results show that: (1)Overlapping land rights in Rimbo Panjang Village, Kampar Regency, Riau occurred due to several factors, namely land objects that were not directly controlled by the owner, customary land disputes and ownership of old documents that had not been renewed.; (2) The BPN's attitude is to ensure the cause of the overlap and try to help the community resolve it through mediation, if this is not possible then go to court. The mechanism is in the form of complaints, summons of the parties, verification and settlement efforts. (3)The legal settlement of overlapping land rights in Rimbo Panjang Village, Kampar Regency, Riau is carried out in two ways, namely through litigation and non-litigation. The problem between GKPN residents and indigenous community groups is still being processed through non-litigation.