Analisis Yuridis Pembatalan Keputusan tentang Penetapan Tanah Terlantar Atas Hak Atas Tanah Ditinjau dalam Hukum Pertanahan Indonesia (Studi Putusan Mahkamah Agung No. 532 K/TUN/2014)

Abstract

The problem of land right on fallow land is still crucial in the Indonesian agrarian affairs. The issuance of the Directive of the Head of BPN (National Land Agency) which is not considered not in accordance with the principle of good governance as it is specified in the PTUN (State Administrative Court) Ruling No. 532 K/TUN/2014 and which revokes the Directive Letter of the Head of BPN concerning fallow land should be studied deeply in order to provide education for public to use land right according to its allotment. The research problems are as follows: how about the status of fallow land which became the object of complaint in the PTUN, why the Directive of the Head of BPN No. 62/PTT-HGU/BPN RI/2013 on the Regulation of Fallow Land is revoked by PTUN of Jakata Pusat, based on the PTUN Ruling No. 125/G/2013/PTUN.JKT, and how about the legal protection for the holder of land right which is wrongly decided by the Ministry of Agrarian Affairs and Spatial Planning/BPN as fallow land. The research uses juridical normative research method with a descriptive analytic approach. The data consist of secondary data which were gathered by conducting library research. The gathered data are analyzed by using qualitative data analysis. The result of the research shows that the status of fallow land which becomes the object of complaint in the PTUN can be seen from the Ruling which is final and conclusive. The Ruling of the PTUN which states that the Directive of the Head of BPN on fallow land is revoked because there is an error and it is not in accordance with the procedure of the law and regulations; besides that, there is no serious attention to the land whether it has High Conservation Value. There are two types of legal protection for the holder of land right which has an error in the procedure of stating that it is fallow land by the Ministry of Agrarian Affairs and Spatial Planning/BPN: preventive legal protection and repressive legal protection. It is recommended that status quo be provided in the regulation on determining fallow land concerning the category of High Conservation Value. There should also be the involvement of other agencies and experts in doing the process of review prior to the Decree on determining whether the land is fallow land or not.