PELAKSANAAN PERALIHAN HAK MILIK ADAT KARENA JUAL BELI SETELAH PEMEKARAN WILAYAH KABUPATEN SARMI PROVINSI PAPUA

WEYASU, MEILANI HUBERTIN GERDA (2015) PELAKSANAAN PERALIHAN HAK MILIK ADAT KARENA JUAL BELI SETELAH PEMEKARAN WILAYAH KABUPATEN SARMI PROVINSI PAPUA. jurnal Ilmu Hukum. p1-14.

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Abstract

Transition implementation of customary property rights (selling and purchasing) after area expansion of Kabupaten Sarmi, Papua Province. How was the transition implementation of customary property rights (selling and purchasing) after area expansion of Kabupaten Sarmi? And Whether the transition implementation of customary property rights (selling and purchasing) on that Kabupaten has established legal certainty?. The purpose of this research is to observe the transition implementation of customary property rights after area expansion of Kabupaten Sarmi. The transition implementation of customary property rights after area expansion of Kabupaten Sarmi in 2012 was not suitable with UUPA and Government Regulation No. 24 Year 1997 about land registry, as well as KMNA/KBPN No. 3 Year 1997 about the implemeting provision of Government Regulation No. 24 Year 1997 about land registry. There were 20 respondents which obtaining customary property rights due to selling and purchasing of customary property rights transition using letter of customary land deliverance which is written by and written in front of the Head of the Village. The implemetation process of customary land ownership transition in Kabupaten Sarmi use letter of customary land deliverance written in front of the Head of the Willage because there was no chairman of district such as Camat that’s served as interim PPAT. In the law-making process of selling and purchasing of land shows that the role of the Head of Village and Camat/Cairman of district can be interpreted as interim PPAT that is determined by Article 7 Verse (2) in Government Regulation No. 24 Year 1997 i.e. for the villages that have no PPAT. The deliverance letter must be transformed into certificate thus can establish the legal certainty to the property rights holder which is obtained because of the law of selling and purchasing. The transition implementation of customary property rights (selling and purchasing) in Kabupaten Sarmi year 2012 was not establishing the legal certainty because 20 respondents did not transformed the letter of deliverance into certificate as mentioned by UUPA provision and Government Regulation No. 24 year 1997.

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