Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-7 | Issue-08 | 297-302
Original Research Article
Legal Reconstruction of Grondkaart as Ownership Evidence of Land Asset of Pt. Kereta Api Indonesia in the Inventory Process in Operation Area V of Purwokerto Based on Justice Values
Sugeng Nugroho, Gunarto, Jawade Hafidz
Published : Aug. 2, 2024
Abstract
This research analyzes the weaknesses of The Grondkaart Regulation As Ownership Evidence Of Land Asset Of Pt. Kereta Api Indonesia In The Inventory Process In Operation Area V Of Purwokerto in Indonesia currently and how to reconstruct the law Based On Justice Value in a constructivism paradigm where the type of research method used is normative juridical and the specifications of this research have a prescriptive analytical nature with the approach used by the author being a statutory approach. The research results found that the weaknesses of the Grondkaart regulation as evidence of ownership of land assets of PT. Kereta Api Indonesia in the inventory process in the operation area V of Purwokerto currently is in regard of the Types of Land Rights. According to the perspective of the various aspects of Land Rights, there are several periods of conflict between the principle of actual transfer and the principle of legal transfer, the Aspect of Government Capital Participation in the Form of Land to BUMN, Article 8 of PP Number 20 of 2021 concerning the Regulation of Abandoned Areas and Land makes the grandkaard object one of the objects of the regulation of abandoned land. Therefore the Reconstruction of the law must be done through the Construction of the dronkaart Regulation as evidence in the inventory of PT. Kereta Api Indonesia Operation area V of Purwokerto assets are based on the Pancasila justice value in addition to being in accordance with religious values, divine values, justice values, and humanitarian values contained in the philosophy of the State of Indonesia. and the reconstruction proposed was namely Article 8 of PP RI Number 20 of 2021 concerning the Regulation of Abandoned Areas and Land so that Article 8 becomes Land Management Rights that are excluded from the object of regulation of Abandoned Land including: a. land Management Rights of customary law communities; b. Rights to Grondkaart Land; and c. land Management Rights that are Land Bank Assets.