Legal Certainty of Land Rights After an Earthquake Disaster (Study of Regulation of the Head of BPN Number 6 of 2010 Concerning Disaster Management and Restoration of Community Rights in Land Assets in Disaster Areas in the Village of Gala KLU)

Abstract

This study aims to determine and analyze the Implementation of the Head of BPN Regulation No. 6 of 2010 concerning Disaster Management and the restoration of community rights to land assets in the disaster area in the village of KLU Galaa, knowing and analyzing the resolution of disputes over land rights in the aftermath of the earthquake, and for find out and analyze the legal certainty of land rights in the aftermath of the earthquake in the KLU Gala Desa. This study uses an empirical normative method, with a conceptual approach, a statutory approach, and a sociological approach. The results of this study are the First, Implementation of Law No. 6 of 2010 Concerning Disaster Management and restoration of community rights to land assets in the disaster area in the village of KLU Penggala not running. The post-disaster land rights dispute resolution that occurred in the village of Penggala KLU was settled by community consultation. The existence of BPN as an Institution in resolving land cases does not perform its role properly. BPN and / or the KLU Land Office have never come down to the people of the village of Menggala after the earthquake disaster. The MKD formed by the village also did not perform its role properly. MKD never went down to the people of the village of Menggala to resolve existing disputes. Third, the legal certainty of land rights in the aftermath of an earthquake that occurred in the village of Penggala KLU cannot be granted or guaranteed by law. This happened because most of the people of Gala KLala Village did not have land title certificates. In addition, certainty in the form of physical data on the land in the KLU Gala Village is also unresolved which is the main thing in the registration of rights.