Case study and Researching Dispute and their illegal practices in obtaining land certificates SHM in Kentingan Baru
Written by: KPH.Danoewidjojo, SH, MH
The discussion begins with the contents in the text of the Proclamation of Independence of the Republic of Indonesia, namely: "... transfer of power and others are held in good measure and within a short time ...".In the case stipulated in the text of the Proclamation of Independence of the Republic of Indonesia and moreover the Government Karaton Kasunanan Surakarta Hadiningrat and Praja Mangkunegaran (Swapraja Government) included in this Central Java Provincial Government and within the Government of Surakarta City, and now it only becomes only a cultural heritage, resulting in political power and lands Karaton Kasunanan Surakarta Hadiningrat and Eigendom lands owned by personal "sentana" / relative of the King Karaton Kasunanan Surakarta Hadiningrat too, became chaotic and eventually controlled by the State and became the State Land (TN). Similarly, what happened to the people who used to live in Magersari within the campus of UNS and also Kentingan Baru experienced the pressure and terror of the PKI's issue, so they were afraid and run away from their dwelling.In short, they moved from one place to another, still inside the Eigendom No.9 in 1882 in Djebres village which in the name of Heer Koesen, finally after the fall of the New Order around 1999, some of them (citizens of Magersari. red) settled in Kampung Gendingan changed by Magersari residents (based on agreement with Heir Eigendom Owner), became named Kampung Kentingan Baru.One of the Magersari residents whose father had once received the assignment from the Eigendom Owner, heard that there was an issue that his Kentingan Baru would be used by officials, who later discovered that they were getting land -the land because they buy at PT.Bengawan Permai through a mediator (brokers or land mafia who cooperate with elements of the National Land Agency). This is proven by their acknowledgment (in their Replik when they sued the Magersari citizens in Kentingan Baru, that they got the land not from the state grant, and it was a land swap with the land of Taman Jurug Wildlife in the 80s. the 70s of Surakarta City Government wanted to move animals from Taman Sriwedari to Jurug with management through investors, including land acquisition / village of Jurug park (they are plaintiff / certificate holder in this case are officials and business people .red, get the land by purchasing through PT.Bengawan Permai and not through procedural application to the National Land Agency, by occupying the first and having girik or letter c first, but through the land mafia in cooperation with the National Land Agency) .But because in the journey is not profitable, finally investors and Pt.Bengawan Permai asked to Pemkot to refund funds / shares pembanggaasan Jurug land. And at that time the city government no funds, then Pemkot exchange it with land Kentingan Baru.
The above statement is very odd, as according to the applicable law, a person who wishes to own a piece of land from the State Land (TN) becomes a proprietary right, the condition that the applicant must possess the juridical and physical control over the State Land (TN) and it is proven that the Replik in the principal matter is in the origin of the Persil mentioned the granting of land rights which is directly controlled by the State, thus the disputed land is the state land and not the land owned by the Government of Surakarta City, it is also not possible the exchange of guling with the Government of Surakarta read also at: http://m.harianjogja.com/baca/2010/05/20/warga-geruduk-didang-didang-tanah-kadang-baru-22052), matter lawsuit number 04 / Pdt.G / 2010 /PN.Ska it lies in the existence of a parcel of land that already has property number 4263 area of 396 square meters claimed to belong to Sri Suryani in block 8 area Kentingan Baru.majelis judge firmly rejected the lawsuit of the land certificate owner in Kentingan Baru, Sri Suryani when the trial continued the land dispute in the District Court (PN) Solo, Thursday 20/5/2010. The material of the lawsuit of the owner of the certificate with the property number 4263 and the 396 square meters area is considered less party and less complete."Taking into consideration the facts at the hearing in the previous session, the panel of judges finally adjudicated an exception to the six defendants to be accepted. On the contrary, the plaintiff's claim is unacceptable for lack of combat. To that end, the grantor is charged a fine of Rp 966,000 on this issue, "said Chairman of the Panel of Judges, Sugeng B on the sidelines of the verdict in the Solo District Court, on Thursday 20/5/2010.And according to the plaintiff's attorney, Sobirin acknowledges the lack of material material of the lawsuit.In this case the court case number 04 / Pdt.G / 2010 / PN.Ska in the Surakarta District Court can be concluded that: the material of Plaintiff's claim Sri Suryani less party and less complete, because Plaintiff Sri Suryani not reside and have population in Kentingan Baru (in Jl.KH.Maskur or Rt.03 / Rw.16 Jebres Sub-District Jebres Sub-district, Surakarta City.) Not controlled by juridical or physical object of disputed land, because Sri Suryani get certificate illegally or not procedurally, that the state land can not be exchanged for bolster, so the certificate is flawed by law, and full of engineering.If from the legal perspective of the Defendants (citizens of Magersari .red) meenpati disputed land is not against the law to the Plaintiff Sri Suryani and has no obligation to pay compensation to the plaintiff because the land dispute is the State Land (TN).
So it is clear from the above problems that the Magersari are entitled to their rights to certify their land and to have a clear status of residence in Kentingan Baru, by having their own neighborhood unit (RT).In addition, the citizens of Magersari are part of the Indigenous People of Karaton Kasunanan Surakarta Hadiningrat who are in the auspices of the Eigendom No.9 (Heir) No. 1882 on behalf of Heer Koesen in Djebres Village (because the Kentingan Baru area is within the Eigendom Village of Djebres, the Eigendom the extent of 6,896,250 m2 .red), and those residents of Magersari have obtained the Letter of Grant from the Eigendom Owner (The heir).
The discussion begins with the contents in the text of the Proclamation of Independence of the Republic of Indonesia, namely: "... transfer of power and others are held in good measure and within a short time ...".In the case stipulated in the text of the Proclamation of Independence of the Republic of Indonesia and moreover the Government Karaton Kasunanan Surakarta Hadiningrat and Praja Mangkunegaran (Swapraja Government) included in this Central Java Provincial Government and within the Government of Surakarta City, and now it only becomes only a cultural heritage, resulting in political power and lands Karaton Kasunanan Surakarta Hadiningrat and Eigendom lands owned by personal "sentana" / relative of the King Karaton Kasunanan Surakarta Hadiningrat too, became chaotic and eventually controlled by the State and became the State Land (TN). Similarly, what happened to the people who used to live in Magersari within the campus of UNS and also Kentingan Baru experienced the pressure and terror of the PKI's issue, so they were afraid and run away from their dwelling.In short, they moved from one place to another, still inside the Eigendom No.9 in 1882 in Djebres village which in the name of Heer Koesen, finally after the fall of the New Order around 1999, some of them (citizens of Magersari. red) settled in Kampung Gendingan changed by Magersari residents (based on agreement with Heir Eigendom Owner), became named Kampung Kentingan Baru.One of the Magersari residents whose father had once received the assignment from the Eigendom Owner, heard that there was an issue that his Kentingan Baru would be used by officials, who later discovered that they were getting land -the land because they buy at PT.Bengawan Permai through a mediator (brokers or land mafia who cooperate with elements of the National Land Agency). This is proven by their acknowledgment (in their Replik when they sued the Magersari citizens in Kentingan Baru, that they got the land not from the state grant, and it was a land swap with the land of Taman Jurug Wildlife in the 80s. the 70s of Surakarta City Government wanted to move animals from Taman Sriwedari to Jurug with management through investors, including land acquisition / village of Jurug park (they are plaintiff / certificate holder in this case are officials and business people .red, get the land by purchasing through PT.Bengawan Permai and not through procedural application to the National Land Agency, by occupying the first and having girik or letter c first, but through the land mafia in cooperation with the National Land Agency) .But because in the journey is not profitable, finally investors and Pt.Bengawan Permai asked to Pemkot to refund funds / shares pembanggaasan Jurug land. And at that time the city government no funds, then Pemkot exchange it with land Kentingan Baru.
The above statement is very odd, as according to the applicable law, a person who wishes to own a piece of land from the State Land (TN) becomes a proprietary right, the condition that the applicant must possess the juridical and physical control over the State Land (TN) and it is proven that the Replik in the principal matter is in the origin of the Persil mentioned the granting of land rights which is directly controlled by the State, thus the disputed land is the state land and not the land owned by the Government of Surakarta City, it is also not possible the exchange of guling with the Government of Surakarta read also at: http://m.harianjogja.com/baca/2010/05/20/warga-geruduk-didang-didang-tanah-kadang-baru-22052), matter lawsuit number 04 / Pdt.G / 2010 /PN.Ska it lies in the existence of a parcel of land that already has property number 4263 area of 396 square meters claimed to belong to Sri Suryani in block 8 area Kentingan Baru.majelis judge firmly rejected the lawsuit of the land certificate owner in Kentingan Baru, Sri Suryani when the trial continued the land dispute in the District Court (PN) Solo, Thursday 20/5/2010. The material of the lawsuit of the owner of the certificate with the property number 4263 and the 396 square meters area is considered less party and less complete."Taking into consideration the facts at the hearing in the previous session, the panel of judges finally adjudicated an exception to the six defendants to be accepted. On the contrary, the plaintiff's claim is unacceptable for lack of combat. To that end, the grantor is charged a fine of Rp 966,000 on this issue, "said Chairman of the Panel of Judges, Sugeng B on the sidelines of the verdict in the Solo District Court, on Thursday 20/5/2010.And according to the plaintiff's attorney, Sobirin acknowledges the lack of material material of the lawsuit.In this case the court case number 04 / Pdt.G / 2010 / PN.Ska in the Surakarta District Court can be concluded that: the material of Plaintiff's claim Sri Suryani less party and less complete, because Plaintiff Sri Suryani not reside and have population in Kentingan Baru (in Jl.KH.Maskur or Rt.03 / Rw.16 Jebres Sub-District Jebres Sub-district, Surakarta City.) Not controlled by juridical or physical object of disputed land, because Sri Suryani get certificate illegally or not procedurally, that the state land can not be exchanged for bolster, so the certificate is flawed by law, and full of engineering.If from the legal perspective of the Defendants (citizens of Magersari .red) meenpati disputed land is not against the law to the Plaintiff Sri Suryani and has no obligation to pay compensation to the plaintiff because the land dispute is the State Land (TN).
So it is clear from the above problems that the Magersari are entitled to their rights to certify their land and to have a clear status of residence in Kentingan Baru, by having their own neighborhood unit (RT).In addition, the citizens of Magersari are part of the Indigenous People of Karaton Kasunanan Surakarta Hadiningrat who are in the auspices of the Eigendom No.9 (Heir) No. 1882 on behalf of Heer Koesen in Djebres Village (because the Kentingan Baru area is within the Eigendom Village of Djebres, the Eigendom the extent of 6,896,250 m2 .red), and those residents of Magersari have obtained the Letter of Grant from the Eigendom Owner (The heir).
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