Kepastian Hukum Dan Perlindungan Hukum Terhadap Masyarakat Yang Menguasai Tanah Wedi Kengser (Tanah Timbul) di Kota Yogyakarta

The aim of this research is to determine and to analysis the legal certainty and legal protection that has been felt by the peoples who dominate/ use the wedi kengser land in Yogyakarta and to know what are the problem that faced by the people themselves and the Yogyakarta city government in providi...

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Bibliographic Details
Main Author: ASTUTI, AJENG PENY
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2015
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Summary:The aim of this research is to determine and to analysis the legal certainty and legal protection that has been felt by the peoples who dominate/ use the wedi kengser land in Yogyakarta and to know what are the problem that faced by the people themselves and the Yogyakarta city government in providing legal certainty and legal protection to the people and the wedi kengser land they used so far, and how to solve the problems. This research is empirical juridical study, with quality description method. This research was conducted in Bintaran, Wirogunan Village, Mergangsan District, Yogyakarta and Prawirodirjan Village, Gondomanan District, Yogyakarta. The respondents are people who dominate or use the wedi wengser land chosen by purposive sampling. Interviews were also done with the informant/ the related person or apparatus namely Bintaran Village Government, apparatus of the Land Agency, and apparatus Irrigation Sector of Department of Settlement and Regional Infrastructure Regency of Yogyakarta Province. This research consisted of field research and library research. Primary data obtained directly from respondents and informants were combined with the secondary data from library research, and then were analyzed qualitatively using a model of interactive analysis. First step of this analysis is start from collecting the data source and then it selected and in accord with object or research purpose. From that selected data it can draw a conclusion. Based on the research results, 1) Peoples who have land certificate already got legal certainty and legal protection, and peoples who have not land certificate they have not get it. Forms of legal certainty and legal the protection is “Rights of Use” land certificate of wedi kengser land for 10 years period. 2) Constraints the Yogyakarta City Government to give legal certainty and legal protection of the peoples who dominate or use wedi kengser land they are no legislation that specifically regulates the wedi kengser land and regulation of the river, as well as wedi kengser land which petitioned for rights straightening are in river area are not accordance with Public Work Ministry Regulation No. 63 / PRT / 1993 on River Belt Line, River Benefits Area, Mastery of the River Region and The Former River. 3) To solve those problems the government postpone the rights petitioned of wedi kengser land until territory regulation about land affairs and territory regulation about river formed, and they are also make socialization to the peoples about the rules, rights, duties, and prohibition of wedi kengser uses.