Compensation Due To Lower Community Land Ownership Status In Batam

According to the Minister of Home Affairs Decree No. 43 of 1977 Governing Management and Use of Land in the Industrial Area of Batam City, BP Batam has authority to manage that can only be issued in the form of land use rights and usufructuary rights. The party granting the right in this instance is BP Batam, however, in reality, property ownership rights still exist in Batam City. On a 26,544,897 square feet piece of land, a total of 10,800 SHM in various Batam sub-district as of 2021. This study aims to determine the analysis of the regulation of the decline in community property rights in Batam City and to determine compensation due to the decrease in community property rights in Batam. The research method used is normative research. Results of the study: The Minister of Agrarian Decree Number 6 of 1998, Government Regulation Number 18 of 2021, and Ministry of Agricultural Affairs and Spatial Planning/Head of BPN Number 18 of 2021 all provide the legal basis for the granting of ownership of land rights in Batam. Losses will occur from the trend of declining building use rights or usufructuary rights, for instance in terms of time duration, given that land ownership rights do not have a time period whereas other land interests do. The party who suffers injury as a result of default with legal force emerges as a result of the prosecution to pursue the right to compensation for material or intangible damages.

Policy and Legislation
2023
Syiah Kuala Law Journal

Main themes / areas of study

  • Compensations
  • Decrease in land property rights
  • community property rights

Country

  • Indonesia