Legal Protection to the Holder of Freehold Estate Certificate for Land in Nagari Gadut of Agam Regency

Abstract

This research affirmed that at the end of 2013, the Indonesian Air Force claimed land located in Nagari Gadut, especially in the area of Jorong PSB (Pulai Sungai Talang Bukit Lurah) and Jorong PGRM (Pandam Gadang Ranggo Malai) as land owned by Indonesian Air Force. In fact, the local community already has a freehold estate certificate for the land. The problems in this research include: (1) how is the process of freehold estate registration in Nagari Gadut of Agam Regency claimed by the Indonesian Air Force? (2) What is the status of the community land in Nagari Gadut of Agam Regency after the claim from the Indonesian Air Force? (3) What is the legal protection for the holder of freehold estate certificate for land in Nagari Gadut of Agam Regency? This research applies an empirical juridical method and is included in descriptive analytical research. The data collection was carried out through document study and interview techniques. The data processing techniques included editing and coding. Based on the research results, it is concluded that: (1) In the process of registering land in the Japanese government’s former booty area, the rights were derived through conversion. In general, the registration of land from which rights are derived through conversion is carried out through two stages, i.e. activities at the customary level and activities at the government level. (2) After the claims from Indonesian Air Force at the end of 2013, community’s land in Nagari Gadut especially Jorong PSB and Jorong PGRM was in the status quo. (3) As long as there is no inkracht decision by the court, the land remains the property of the community. In addition, if the land is required by the Indonesian Air Force for public purposes, it can be resolved through a land acquisition mechanism.