Release of Land Rights for Development through Notarial Deed in Padang City

Widia Lestari, Kurnia Warman, Beatrix Benni

Abstract


Land is a very important means to carry out development, and the problem of land acquisition for these needs is not easy to solve because with the increasing development of land demand is also increasing while the land supply is very limited. Regarding the existence and function of land, there is a legal relationship between humans with land, including the act of transferring rights and release of land rights, in order to provide legal certainty for the act referred to, it is necessary to set forth in the form of a deed made before a Notary or before the District Head or before the Head of the National Land Agency. But today, the public is more entrusted to make this SPPHT before a Notary Public in order to ensure legal certainty, and also the Land Agency has suggested making a transitional deed through a Notary Deed to be more efficient. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus of this research is to find out and analyze how the process of releasing land rights for development through a notarial deed in the city of Padang. The results showed that  1) the release of rights before the Notary Public through the Signing of the Deed of Relinquishment of Land Rights which first checked all the requirements by the Notary, then the deed is perfectly signed into an authentic deed and guarantees legal certainty. 2) The process of land registration is based on the deed of release of rights made by a Notary in the City of Padang by submitting an application along with the Deed of Relinquishment of Land Rights and other requirements, then reviewing the field and issuing maps by the Land Agency.


Keywords


Land; Land Right; Development; Notarial Deed

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References


Books

I Wayan Suandra, Indonesian Land Law, Rineka cipta, Jakarta, Page. 11.

Interview

Interview with Mr. Dito Syaferli, S.H M.Kn, Head of the Land Legal Relations Section, Padang City Land Agency, on August 27, 2019 at 10.30

Interview with Mr. Dasman, S.H M.Kn, Notary and PPAT in Padang City, on September 17 2019 at 09.15

Interview with Mr. Alexander, S.H M.Kn, Notary and PPAT in Padang City, on August 25 2019 at 09.15

Interview with Mr. Harry Merdeka Samik Ibrahim, S.H M.Kn, Notary and PPAT in Padang City, on August 26, 2019 at 13:00




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1085

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