Pelaksanaan Persertifikatan Tanah Wakaf Berdasarkan ketentuan Perundang-Undangan (Suatu Penelitian di Kabupaten Aceh Selatan)

Abstract

The bill no. 28 the year 1977 regarding land for community use and th bill no. 24 the year 1977 related to registering land for community use are aime at organizing the existence of a land and guaranteeing a certainty of la enforcement for the Indonesian people. The aim of land registration at the offic of Badan Pertanahan Nasional or National Land Body is to guarantee certainty of law enforcement. However, in South Aceh land certification has n been properly implemented. The purpose of this study is to further conceive th process of land certification for community use in the regency of South Aceh, th causes that lead the land certification not to be aptly processed or granted a Badan Pertainahan Nasional in South Aceh and the influence of law enforcemen to do fact findings on the community land which is not granted with certificate by the office. The method utilized in this research is normative jurisdiction an sociological jurisdiction which specificalJy use a descriptive analysis. Thi research is conducted in Kecamatan (district) Kluet Utara, Labuhanhaji an Tapaktuan. Primary data are obtained from field study by using interviews an lists of questionnaires while secondary data are gained from the references an sources related to the registration of land for community use. The respondent and informants of this study are selected by using purposive sampling. The result of this study shows that 95, 82% of land for community use i South Aceh regency has been mostly registered before PPAIW and has bee granted with a certificate of AIW/APAIW. However, only 71, 91% of land area for community use have not been granted with certificates from Bada Pertanahan Nasional. The factors that inhibit the land certification process are lack of know-how about law and lack of law awareness. Moreover, it takes a long time to process the land certification. Next, the land certification is costly. The power of law institution functioning to prove the land ownership is very weak so that it can cause polemic conflict which leads to a vague case of the ownership of the land. This easily allows any members of the family who has declared the land for community use or other members of the community who have bad schemes to confiscate the land. The recommendations of this research are that, first, the local government provides extra financial aids to Badan Pertanahan Nasional in the process of land registration for community use in the regency of South Aceh to hold trainings and law guidance and counseling to its staff and the wider community as to the obligation of the community to register the land. Next, it is recommended that the community register the land for community use on the basis of rules and regulation stipulated.