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TINJAUAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG POKOK-POKOK AGRARIA TERHADAP HAK ATAS TANAH YANG BELUM BERSERTIFIKAT
Land as a resource that has many benefits must be managed properly through the protection of land rights. The state has guaranteed legal certainty through Law No. 5/1960 on Basic Agrarian Principles Article 19 paragraph (1). In reality, there are still many people who do not register their land. Factors that influence the decline in public interest are ignorance about the importance of having proof of ownership of land rights. This study aims to find out the review of Law No. 5 of 1960 on uncertified land rights and understand the perspective of Al Maslahah on uncertified land rights based on Law No. 5 of 1960. The two main problem formulations raised are: (1) What is the review of Law No. 5 of 1960 on uncertified land rights? (2) What is the perspective of Al Maslahah on uncertified land rights based on Law No. 5 of 1960? This research uses a qualitative method with a statutory approach. Data is collected by applying data or texts related to Law No. 5 of 1965 concerning Basic Regulations on Agrarian Principles, be it implementing regulations, books, journals or magazines related to this research. There are two theories used, namely property rights theory and al maslahah theory. The theory of property rights is used to understand the legal position of uncertified land, including the rights of control, use, and protection based on the UUPA and the theory of al maslahah to understand the rights to uncertified land can provide benefits for individuals and society according to the principle of al maslahah. The results show that the Basic Agrarian Law (UUPA) provides a legal basis for the management and protection of land rights, including uncertified land. Although it does not explicitly regulate uncertified land. Article 19 of the Basic Agrarian Law emphasizes the importance of land registration for legal certainty. However, in its implementation there are still many uncertified lands because the implementation of its implementing regulations still requires a lot of improvement, especially in terms of clarity of rules, capacity of institutions, and equitable distribution of land certification programs. The Basic Agrarian Law is categorized as a maslahah legal product because it meets the requirements to create justice and welfare for the community, although its implementation has not fully achieved the goal of benefit. Keywords: Land rights, Uncertified land, Property rights, al maslahah.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGAYOGYAKARTA
TINJAUAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG POKOK-POKOK AGRARIA TERHADAP HAK ATAS TANAH YANG BELUM BERSERTIFIKAT (Text)
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