Permohonan Memperoleh Tanah Negara Menjadi Hak Milik Individual (Studi Kasus Di Kota Kupang)

LAY, Benediktus Peter (2024) Permohonan Memperoleh Tanah Negara Menjadi Hak Milik Individual (Studi Kasus Di Kota Kupang). Jurnal Penelitian Multidisiplin Terpadu, 8 (7). pp. 1-10. ISSN ISSN: 2118-7452

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Abstract

The land dispute between the Kupang Regency Government and the former Mayor of Kupang, Jonas Salean, which has been going on for a long time in the City of Kupang, East Nusa Tenggara (NTT), has not yet found a solution, because the former mayor of Kupang for the 2012-2017 period, Jonas Salean, distributed plots of land to 2 of his colleagues, the land distributed by Jonas Salean was land intended for public purposes, aka for the construction of a Population and Civil Registration office. Until now the land has had permanent legal ties but the land has been confiscated by the Kupang Regency Government and claims it is not private property. So this research uses a normative research method which takes issues from law as a system of norms used to provide prescriptive "justification" about a legal event. The research results show that the land with an area of 420 M2 should and should belong to Jonas Salean, this is in accordance with the principles of just and civilized humanity in resolving land issues in accordance with the second principle of Pancasila, and is also in accordance with Article 33 The 1945 Constitution which states "Earth, water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. You also need to remember that the land has permanent legal ties or incracht, which means that legally, through the decision of the Supreme Court of the Republic of Indonesia, the land cannot be sued any more and legally belongs to Jonas Salean.

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