ANALISIS YURIDIS KEPASTIAN HUKUM TANAH YANG BELUM BERSERTIFIKAT (STUDI KASUS DI DESA LONGOS, KECAMATAN GAPURA, KABUPATEN SUMENEP)

Moh. Jamalul Muttaqin, NIM.: 20103040136 (2026) ANALISIS YURIDIS KEPASTIAN HUKUM TANAH YANG BELUM BERSERTIFIKAT (STUDI KASUS DI DESA LONGOS, KECAMATAN GAPURA, KABUPATEN SUMENEP). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

To ensure legal certainty, the state has regulated land tenure in Indonesia through Law No. 5 of 1960 on Basic Agrarian Principles (UUPA) and Government Regulation No. 24 of 1997 on Land Registration. However, the implementation of these regulations has not been optimal at the village level. One example of this is in Longos Village, where land ownership in the community is only marked by a document called Letter C. Since the enactment of the UUPA, Letter C, which was originally recognized as proof of land ownership rights, has decreased in legal value to become a document of reference in proving old rights in the land registration process. The purpose of this study is to determine the causes of uncertified land and the legal certainty of uncertified land rights. The type of research used in the preparation of this thesis is juridical-empirical, using primary and secondary data. The data analysis used is descriptive analysis. The data collection techniques used are observation, interviews, and documentation. This research was conducted by directly observing what happened in the field with the aim of providing a clear and complete picture of the issues being studied. The results of the study show that the amount of uncertified land is influenced by three aspects, namely: First, the legal substance, in that the regulations governing land are not known to the entire community of Longos Village. Second, the legal structure, namely the lack of coordination between the government in the field of land affairs and the Longos Village officials in realizing orderly land registration administration. Third, the legal culture, namely the lack of public awareness due to a lack of knowledge regarding certificates as strong evidence and an understanding of the purpose and function of certificates, which makes the community reluctant to register their land. Furthermore, uncertified land still has legal certainty and is a valid property right because it can be proven by physical control and documents such as Letter C as written proof of ownership, which can be converted into a land certificate through land registration as stipulated in Article 24 of Government Regulation Number 24 of 1997 concerning Land Registration.

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