LEGAL PROTECTION OF STATE OWNERSHIP OF LAND AND BUILDINGS FUNCTIONED FOR PUBLIC INTEREST DUE TO LAWS OF OTHER PARTIES

Abstract

The government is obliged to manage and secure State Property (BMN) in accordance with their respective authorities, to create administrative order, physical order and legal order. Law Number 1 of 2004 concerning State Treasury and Government Regulation Number 27 of 2014 concerning State / Regional Property Management stipulates that BMN in the form of land must be certified on behalf of the Government of the Republic of Indonesia or the relevant Regional Government. Article 32 of Government Regulation Number 24 of 1997 concerning Land Registration stipulates that a certificate is a strong means of evidence regarding the physical data and juridical data contained in it, and the power period of the certificate can be challenged is 5 (five) years. The problems discussed in this research are regarding the implementation of BMN ownership arrangements in the form of land and buildings as well as legal protection for BMN in the form of land and buildings that are used for public interest whose ownership is being sued by other parties. The approach method used in this research is normative juridical supported by empirically. The research specification used in this research is descriptive analysis. The data used are secondary data consisting of primary and secondary legal materials. The data were analyzed using qualitative juridical methods. The framework for analyzing this research uses legal certainty theory and legal protection theory. The results of the author's research indicate that the management of government assets in the form of land and buildings which constitute BMN has actually been completely regulated in various kinds of laws and regulations. However, this cannot guarantee legal certainty and cannot provide optimal legal protection for right holders (certificate owners). The author takes 2 (two) cases as a reference. First, PT. Hasrat Tata Jaya (HTJ), who sued the ownership of a plot of land used as the Faculty of Law, University of Riau based on a Certificate of Compensation (SKGR). Second, the heirs of the late. Minata Aliredja sued the ownership of a plot of land used as the Agency for Research and Development of Agricultural Biotechnology and Genetic Resources under the SPPT-PBB. In the implementation in the community, the Compensation Certificate (SKGR) and SPPT-PBB can be more recognized as proof of ownership of land rights by the Panel of Judges rather than the Right to Use Certificate on behalf of the BMN user agency