Based
on Article 52 paragraph (2) of Government Regulation Number 18 of 2021
concerning Management Rights, Land Rights, Apartment Units, and Land
Registration, a right of use (Hak Pakai) "as long as it is used" is
granted for an indefinite period, as long as the land continues to be used and
utilized. However, in practice in Pidie Regency, granting a right of use
"as long as it is used" is not supported by an agreement that clearly
defines its legal status, leading to overlapping land rights.
This
research examines the issuance of Rights of Use over land that has already been
certified with Ownership Rights (Hak Milik) by the National Land Agency (Badan
Pertanahan Nasional/BPN) of Pidie Regency, the factors causing the issuance of
Rights of Use Certificates in the name of the Pidie Regency Government over
land already encumbered with Ownership Rights, and the efforts undertaken by
the National Land Agency of Pidie Regency to resolve disputes arising from
overlaps between Ownership Rights Certificates and Rights of Use Certificates
granted “as long as they are used.”
The
research method employed is empirical juridical research with a qualitative
approach. Primary data were obtained through interviews with officials of the
National Land Agency of Pidie Regency. In contrast, secondary and tertiary data
were analyzed using a descriptive-analytical approach to provide a
comprehensive overview of the issues under study.
The
results of the research indicate that: (1) the issuance of Rights of Use
Certificates over land with Ownership Rights in Pidie Regency has not been
fully supported by spatial certainty, due to limitations in physical data and
land mapping that has not yet been integrated; (2) the issuance of Rights of
Use Certificates is influenced by juridical, administrative, and technical
constraints, particularly related to land archives and field verification,
which the National Land Agency addresses through document examination, data
verification, and mediation; and (3) disputes over overlapping Ownership Rights
Certificates and Rights of Use Certificates are caused by weaknesses in land
registration administration and are resolved through administrative, non-litigation,
and litigation mechanisms to ensure legal certainty.
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