AKIBAT HUKUM PERALIHAN HAK ATAS TANAH ABSENTEE DI DESA BALEKAMBANG KABUPATEN BOGOR

Abstract

Absentee land is agricultural land owned by individuals and families where there the farm was outside the seat of the district area landowners. Government regulation No.224 of 1961 on the implementation of the division of land and compensation asserted that the ban on absentee land ownership. Fact researchers found the practice of buying and selling land in the village absentee balekambang, this is what caused the change and agricultural land designation. The Problem of this research is 1) legal effect transfer of rights over land absentee. 2). Constraints that influence the ineffectiviness of the law enforcement process by absentee land. Methods used in this research is the empirical juridical approach that comes from the collection of data that was obtained from primary and secondary data, and then analyzed by qualitative analysis method. Data collection techniques used are field studies (interviews). Data analysis techniques using qualitative data analysis. The findings of researchers showed that absentee land resulted in land-agricultural land where there is a change of land use designation and for the development of urban areas and residential areas in the village balekambang bogor district. Constrains absentee law enforcement on the ground is the lack of public awareness cultural factors, factors of infrastructure, personal or law enforcement factors and economic factors. Advice to the government should the provisions of sanctios against violations of the ban on absentee land ownership updated and adjusted to the progress of the current development, and implementation in order to be affirmed. Therefore in terms of material, the overall regulations governing the ban on absentee land ownership/guntai is the product of about 1960, so the thinking at that time turned out to be in reality is no longer appropriate to the conditions and needs of today’s society.