Peralihan Hak Atas Tanah Situ Oleh Badan Hukum Komersial (Studi Kasus Putusan Perkara Nomor 60/Pdt/2019/PT.BTN)

Abstrak

The purpose of this scientific journal is to analyze the transfer of cultivation rights over the lake land by PT. Cihuni Mas in Tangerang Regency. This scientific journal uses normative legal research methods. Situ Ownership by Commercial Legal Entities In terms of the Water Resources Law and Permen ATR No. 30 of 2019 cannot be justified because based on Article 2 paragraph (2) Permen No. 30 of 2019 Applications for SDEW land registration are made by interested government agencies that control land parcels. Commercial legal entities only have permits for the use of water resources for business needs as long as water for daily basic needs and smallholder agriculture has been fulfilled and as long as the availability of water is still sufficient as stipulated in Article 47 jo. Article 49 of the Law on Water Resources. The legal considerations of the panel of judges in case number 60/PDT/2019/PT.BTN PT. Cihuni Mas, because he had bought land from cultivators with compensation for cultivation rights, the proof of ownership was only in the form of a nameplate (nameplate) at the location of the object of the case, the judge decided that PT. Cihuni is a party who has the right to control the lake land and has violated Law Number 17 of 2019 concerning Water Resources and Law of the Republic of Indonesia Number 6 of 2023 concerning Stipulation of Government Regulation in lieu of Law Number 2 of 2022 concerning Job Creation to Become a Law The current law has become law number 6 of 2023 concerning the establishment of a Perppu because the objects purchased cannot be privatized which are public assets.