Analisis Yuridis terhadap Klausula Jangka Waktu Peralihan dalam Sertipikat Hak Milik Atas Tanah Pertanian Redistribusi Program Reforma Agraria

Abstract

This study aims to analyze legal considerations on the existence of transitional period clauses in the certificate of ownership of redistributed agricultural land for the Agrarian Reform program. This journal uses qualitative research methods and normative juridical research approaches using secondary legal materials or literature studies, namely in the form of laws and regulations, books, journals and scientific articles as research data. The results of the study show that there is a gap between Government Regulation Number 224 of 1961 and Presidential Regulation Number 62 of 2023 and the concrete event that actually occurred, namely the existence of a clause in the certificate of ownership of redistributed land that states the prohibition of transfer for a period of 10 years. This problem becomes even more important when the prohibition does not directly originate from the Laws and Regulations which expressly stipulate a 10-year period clause in the certificate of ownership of redistributed land, but comes from the Technical Guidelines for the Implementation of Land Redistribution. This causes an inconsistency between the rule of law and its implementation, causing injustice for the community as the holder of Property Rights over redistributed agricultural land who want to make a transition to the redistributed land.