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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 2 (2026)
Issuance of right of use for the local government of Pidie district for land that has been certified as ownership rights at the pidie district land office
Authors
Imam Mauzal, Ilyas Ismail, Siti Rahmah
Abstract

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.

It is recommended that the National Land Agency of Pidie Regency tighten the issuance of Rights of Use Certificates through careful juridical and physical examinations, and accelerate the digitalization and integration of land data mapping to prevent overlaps and ensure legal certainty.
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Pages:92-96
How to cite this article:
Imam Mauzal, Ilyas Ismail, Siti Rahmah "Issuance of right of use for the local government of Pidie district for land that has been certified as ownership rights at the pidie district land office". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 92-96
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