AKIBAT PUTUSAN MAHKAMAH KONSTITUSI TERHADAP PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN BAGI ORANG ASING MENURUT PERATURAN MENTERI AGRARIA NOMOR 29 TAHUN 2016

rika kauliani, Muhammad Yamin, Mariati zendrato

Abstract


ABSTRACT

AKIBAT PUTUSAN MAHKAMAH KONSTITUSI TERHADAP PEMILIKAN RUMAH TEMPAT TINGGAL ATAU HUNIAN BAGI ORANG ASING MENURUT PERATURAN MENTERI AGRARIA NOMOR 29 TAHUN 2016

Rizka Kauliani*

Prof. Dr. Muhammad Yamin, SH., MS., CN**

Mariati Zendrato, SH., M.Hum***

Ownership of land begins by occupying a territory by an indigenous community which is then called communal land (common property). In rural areas outside Java, land is recognized by customary law unwritten either on the basis of inheritance or territorial relationships. Along with the changing socio-economic patterns in every society, the common property of the common people together is gradually overrun by members of the community through rotating cultivation. The system of individual ownership then became known in the communal ownership system. the right to ownership of land is absolute so that it indirectly excludes the possibility of ownership of a land disturbed by other parties who have no interest in the land. Land rights consist of various kinds. Such rights may be obtained on the basis of transactions, legal acts, or statutory provisions governing them.

The problem in this research is how the position and the result of law of Constitution Court decision on the ownership of the house of residence or occupancy for foreigner, and how the procedure of granting, discharging and transferring the right to residential ownership or occupancy based on Regulation of the Minister of Agrarian No. 29 of 2016 This research is a normative legal research. Primary, secondary and tertiary data. Data collection method used is literature study. Data analysis in this study was conducted qualitatively.

In resolving ownership of residential house or residence for foreigners domiciled in Indonesia, therefore it has been stipulated in Article 3 paragraph (1) (2) and (3) and Article 4 paragraph (1) Regulation of the Minister of Agriculture No. 29 of 2016 which contains about residential homes or occupancy that can be owned by foreigners, but only limited to use rights, building rights and use rights. And firmly has been said in Article 21 paragraph (1) (3) and (4) Basic Agrarian Law.



Keywords: Ownership, Land Rights, Decisions of the Constitutional Court



* Student of Faculty of Law University of North Sumatra

** Supervisor I, Faculty of Law Lecturer USU

*** Supervisor II, Faculty of Law Lecturer USU


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