Kajian Hukum Atas Hak dan Kedudukan Pemilik Pertama Atas Tanah yang Belum Bersertifikat Berdasarkan Asas Rechtsverwerking di Kota Medan

Abstract

There are still people in Medan who have plots of land but cannot register them since they have no legal standing of written evidence which can cause land dispute in the future. The research problems are as follows: how about the right and position of the first owner of uncertified land based on the principle of rechtsverwerking, how about the juridical analysis on the first owner of uncertified land based on PP 24/1997 on Land Registration Concerning other laws, and how about the right and position of Mr. A who is already in the process of having a legal relationship between him and his land based on the principle of rechtsverwerking and linked to the law on land and building tax? Theses three problems were answered by using juridical normative method, supported by interview. The research used primary and secondary data obtained from books, legal provisions, and scientific writings through library research and primary data obtained from the result of interview in the field research. The result of the research shows that, first, a person who has controlled enjoyed, utilized a plot of land continuously, and he got it with good faith, without any objection from other people will have had the land rights, proved by the controlled of the land physically based on original acquisition of rights. If one day someone else proves that he is the first owner of the land, the former, the person will lose his right based on the principle of rechtsverwerking. Secondly Law on Agrarian Affairs and the nasional Agrarian Law based on the customary law, the principle of rechtsverwerking in the customary law can be applied in the process of state land acquisition. Thirdly, the national land that is no longer cultivated by the owner can be controlled by the community based on the principle of rechverwerking.