Efektifitas Hukum terhadap Kepemilikan Tanah Pertanian Berdasarkan Keputusan Menteri Negara Agraria Nomor: 134/Hpl/Bpn/Tahun 1993 Tentang Pemberian Hak Pengelolaan Atas Nama Transmigrasi dan Pemukiman Perambah Hutan Studi Kasuslegalitas Kepemilikan Lahan Warga Pasir Indah dan Muara Dilam

Abstract

Soil is the pillar and source of human life. For the peasants, the land is their life. Therefore, it is not strange that the question of land has always been the basis of disputes, becoming a struggle. The issuance of the Decree of the Regent of Rokan Hulu Number 76 of 2010 concerning the Cultivation Plantation Business Permit (IUP-B) of PT. Sumber Alam Makmur Sentosa, without taking into account the philosophical aspects, social aspects and juridical aspects in issuing the decision which is in violation of the provisions of the legislation, especially the Decree of the State Minister of Agrarian Affairs/Head of the National Land Agency Number: 134/HPL/BPN/Year 1993 concerning Granting Management Rights on behalf of the Department of Transmigration and Settlement of Forest Squatters, on Land in Kampar Regency, which results in legal uncertainty over ownership of agricultural land for land cultivators. Based on the above background, the problem being researched is how the legal protection of agricultural land ownership is based on the Decree of the State Minister of Agrarian Affairs Number: 134/HPL/BPN/Year 1993 concerning the Granting of Management Rights in the Name of Transmigration and Settlement of Forest Squatters in Pasir Indah Village and what factors What are the factors that affect the effectiveness of the law on the enactment of control over agricultural land based on the decree of the Minister of State for Agrarian Affairs number: 134/hpl/bpn/1993 concerning the granting of management rights in the name of transmigration and settlement of forest squatters (Case Study of Legality of Land Ownership of the Residents of Pasir Indah and Muara Dilam). The problems that have been formulated will be answered and solved by using an empirical juridical research approach which in other words is sociological legal research and can also be called field research. This research finally concludes that the Decree of the Regent of Rokan Hulu Number 76 of 2010 concerning the Business License for Cultivation Plantation (IUP-B) PT. Sumber Alam Makmur Sentosa violates the Decree of the State Minister of Agrarian Affairs Number 134/HPL/BPN/Year 1993 concerning the Granting of Management Rights in the Name of Transmigration and Settlement of Forest Squatters and the factors that affect the effectiveness of the law on the enactment of agricultural land tenure over the land ownership of the residents of Pasir Indah and Muara Dilam is the lack of orderly land administration in the past, Human Resources who have minimal legal knowledge, Land tenure that is not optimal for transmigration.