TINJAUAN TENTANG KEPEMILIKAN TANAH SECARA ABSENTEE / GUNTAI DI DESA PANDAU JAYA KECAMATAN SIAK HULU BERDASARKAN PERATURAN PEMERINTAH NOMOR 41 TAHUN 1964 TENTANG PERUBAHAN DAN TAMBAHAN PERATURAN PEMERINTAH NOMOR 224 TAHUN 1961 TENTANG PELAKSANAAN PEMBAGIAN TANAH DAN PEMBERIANGANTI KERUGIAN

Abstract

As an implementation of Law Number 5 of 1960 concerning Basic Regulations
on Agrarian Principles (UUPA), the government issued Law Number 56 of 1960
concerning Determination of Agricultural Land Area with the Implementation of PP
Number 224 of 1961 concerning Implementation of Land Distribution and Providing
Compensation, in Article 3 paragraph (1) of PP Number 224 of 1961 in conjunction
with Article PP Number 41 of 1964 regulates the Prohibition of Absentee Land
Ownership, in reality There are still people who own agricultural land in absentee in
Pandau Jaya Village, Siak Hulu District, so in practice the regulations regarding the
prohibition of absentee land cannot be implemented effectively.
This type of research is classified as sociological legal research. In
sociological legal research, the data sources are primary data sources and secondary
data sources consisting of primary legal materials, secondary legal materials and
tertiary legal materials. Collecting normative legal research data uses data
collection techniques by interview and literature study. Data obtained through
literature study will be analyzed qualitatively. In drawing conclusions the author uses
an inductive thinking method, namely a way of thinking that draws conclusions from
a specific statement or proposition to a general statement.
Based on the research results, it can be understood that the factors that occur
in absentee land ownership by inheritance in Pandau Jaya Village, Siak Hulu
District, Kampar Regency include: buying and selling factors, inheritance factors,
village coordination factors, absentee land data completeness factors and legal
consequences of absentee land ownership by inheritance in the Village Pandau Jaya,
Siak Hulu District, Kampar Regency. In accordance with the principles of land
reform contained in article 10 of the Basic Agrarian Law Number 5 of 1960 which
prohibits owning land in absentee. So, indirectly, absentee ownership of land results
in the agricultural land not being able to be registered with BPN Kampar Regency as
a Certificate of Ownership.
Keywords: Ownership – Absentee Land – Pandau Jaya Village