Muhammad Rizal
Abstract:
At present there are often legal issues that do not have legal certainty, one of which we can see in the problems that occur in the area of the Marejebonga forest area. The beginning of this problem arises when the Marejebonga forest area is designated as a forest area based on the Ministry of Forestry Decree Number SK 3100/Menhut-VII/KUH/2014. So that the consequences are not allowed to have individual ownership rights in the Marejebonga forest area. However, after the establishment of the Marejebonga forest area, there were several land ownership certificates listed on behalf of the community in the Marejebonga forest area. The certificate of ownership owned by the community was issued in 2005 prior to the Decree issued by the Ministry of Forestry.
So that in connection with this matter, the issuance of the certificate of land ownership in the Marejebonga forest area is legally valid, because: the process of issuing the certificate is carried out before the Marejebonga forest area is designated as a forest area, determined by the authorized official, and made in accordance with the procedures determined by the legislation in force. Whereas the form of legal protection for holders of land title certificates in the Marejebonga forest area is by issuing land that has been issued a certificate of ownership from the Marejebonga forest area based on the Decree of the Minister of Forestry Number: SK. 3100 / Menhut-VII / KUH / 2014 in consideration of deciding on the third point which reads: in the matter there are still rights of legitimate third parties, in the determination of this forest area is issued from forest area in accordance with the legislation. The factors that cause the issuance of certificates in the Marejebonga forest area are: Because at the time of issuance of the certificate, the Marejebonga forest area has not been confirmed or designated as a forest area and the application for filing the land registration has fulfilled the requirements and through the procedures determined by the legislation invitations in force so that there is no reason for the National Land Agency to reject the application for issuing the certificate.
Keywords: Validity of certificates, legal protection and forest areas
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