| dc.description.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. | en_US |
