TRANSFER OF RIGHTS TO TRANSMIGRATION LAND WHOSE EXISTENCE IS UNKNOWN TO THE SUBJECT OF RIGHTS BASED ON A COURT DECISION OF PERMANENT LEGAL FORCE

Abstract

Transmigration is an important part of the development of rural areas in Indonesia. Limited economic access and location resulted in transmigrants feeling uncomfortable to cultivate their land and choosing to return to their hometowns. Transmigrants who are in Sorong Regency who are still surviving and have purchased certificates belonging to other transmigrants who are no longer at the transmigration site or have returned to their home areas, find it difficult to transfer rights to the land at the National Land Agency Office in Sorong Regency, and to provide legal certainty between the subject of rights and land objects, registration of land rights transfer is carried out based on court decisions with legal force remain. The purpose of this study is to determine the obstacles that occur in the transfer of land rights based on court decisions with permanent legal force, the method used is an empirical legal research method. This research uses a statute approach and a case approach which is carried out by examining all laws and regulations related to this research. Land registration law in Indonesia only guarantees legal certainty over physical and juridical data recorded in certificates as evidence of property rights, while court decisions with permanent legal force (inkrahct van gewijsde) are only material evidence or confirm the party entitled to the land object.