KEPEMILIKAN TANAH SECARA GUNTAI (ABSENTEE) DI KECAMATAN GUNUNG TOAR BERDASARKAN PERATURAN PEMERINTAH NOMOR 224 TAHUN 1961 JO PERATURANPEMERINTAH NOMOR 41 TAHUN 1964 TENTANG PELAKSANAAN PEMBAGIAN TANAH DAN PEMBERIAN GANTI KERUGIAN

Abstract

Land has an important role for human life because human life cannot be separated from land.
In the regulations that have been set forth in Article 10 paragraph 1 of Law number 5 of 1960
concerning Basic Agrarian Regulations it stipulates that: "Every person and legal entity that has a
right to agricultural land is in principle obliged to work or actively cultivate it himself by prevent
extortion. According to the Basic Agrarian Law, it expressly prohibits land aggregation. The aim is to
find out the factors of the occurrence of guntai land (absentee) in Gunung Toar District and to find out
the Prevention Efforts Against Guntai Land Ownership (absentee) in Gunung Toar District.
The research method is an important factor for scientific writing. A scientific work must contain
truth that can be accounted for scientifically so that the results of the scientific work can approach a
real truth. Legal research is carried out in the context of efforts to develop law and respond to new
legal issues that are developing in society. Without legal research, legal development will not be
optimal. The author uses a type of sociological or empirical legal research. Sociological research is
research on law observing what are the characteristics of a community's behavior in an area in an
aspect of social life. The location of the research conducted by the author is in Gunung Toar District,
Kuantan Singingi Regency because in Gunung Toar District there is still absentee land ownership.
Laws and regulations as guidelines for the implementation of clear and firm regulations
regarding restrictions on land ownership which are increasing on the control of agricultural land. In
articles 12 and 13 of the UUPA the government in the agrarian field which is monopoly can only be
carried out by law. Kuantan Singingi Regency, especially in Gunung Toar Subdistrict, there are still
many absentee/guntai lands. So far, the Defense Office has indeed not done anything concrete to
support the effectiveness of the ban on absentee/guntai land ownership. The results of the interview with
Mr. Riko Syahrudin S.H explained that there were several steps that had been taken by the ATR/BPN of
the Kuantan Singingi Regency in carrying out prevention and control of agricultural land by people or
families who lived outside the area where the land was located or also called absentee/guntai land. In
line with the objectives to be achieved through the Defense Orderly Chess program, especially defense
and orderly use of land, the Agrarian Spatial Office/National Land Agency of Kuantan Singingi
Regency has made efforts, namely: law enforcement by holding directed and widely continuous legal
counseling.
Keywords: Land, Guntai (Absentee), Ownership.