PELAKSANAAN ALIH FUNGSI TANAH PERTANIAN (HAK MILIK) KE NON PERTANIAN UNTUK RUMAH TINGGAL DI KOTA PEMATANGSIANTAR DENGAN BERLAKUNYA PERATURAN DAERAH NOMOR 1 TAHUN 2013 TENTANG RENCANA TATA RUANG WILAYAH KOTA PEMATANGSIANTAR

SARAGIH, NOVIDA (2015) PELAKSANAAN ALIH FUNGSI TANAH PERTANIAN (HAK MILIK) KE NON PERTANIAN UNTUK RUMAH TINGGAL DI KOTA PEMATANGSIANTAR DENGAN BERLAKUNYA PERATURAN DAERAH NOMOR 1 TAHUN 2013 TENTANG RENCANA TATA RUANG WILAYAH KOTA PEMATANGSIANTAR. Jurnal Ilmu Hukum. p1-18.

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Abstract

The little of this legal writing is “The Practice of Converting a Certified Farmland into a Residential Land in Pematangsiantar According to the Prescribed Local Governmental Regulation Number 1 in 2013 about Urban Spatial Planning in Pematangsiantar”, was written to answer this research question: “How did the practice of converting a certified farmland into a residential land in Pematangsiantar according to the prescribed Local Governmental Regulation Number 1 in 2013 about urban spatial planning in Pematangsiantar apply?” The aim of this study was to know, investigate, and analyze the practice of converting a certified farmland into a residential land in Pematangsiantar according to the prescribed Local Governmental Regulation Number 1 in 2013 about urban spatial planning in Pematangsiantar. This study was an empirical legal study which focused on the behavior of the legal community. A primary data as the main data was needed in this study besides the secondary one. The data in this study was then analyzed by using qualitative analysis method in which a description of the respondents’ written and spoken respond and also their behavior towards the practice of converting a certified farmland into a residential land in Pematangsiantar as the obtained data was then analyzed hermeneutically. Inductive method of thinking or inductive reasoning was applied in this study to conclude the finding from the general facts to the particular ones. This study found that converting a farmland into a residential land must be preceding by receiving a legal permission, Land Use Designation Permits (Izin Peruntukkan Penggunaan Tanah), from the Indonesian National Land Office since based on the Local Governmental Regulation Number 1 in 2013 about urban spatial planning in Pematangsiantar, a landfarm is a cultivation region. From 10 respondents involved in this study, there were eighth respondents (80%) who already had hold the permission while the other two respondents (20%) had not hold it yet. Those two respondents had not hold the permission from the Indonesian National Land Office because their proposal for the permission was rejected due to the location which was not designed and planned for residential and due to the time consuming process and expensive charge.

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