Problema sosial – yuridis  “sengketa hak atas tanah”  yang disampaikan kepada Badan Pertanahan Nasional (BPN) untuk dimintakan penyelesaiannya, apabila bisa dipertemukan pihak – pihak yang bersengketa, maka sangat baik apabila diselesaikan melalui cara musyawarah. Melalui mekanisme  penyelesaian dengan musyawarah ini maka BPN diminta sebagai  MEDIATOR dalam sengketa hak atas tanah dalam rangka menemukan  formulasi DAMAI  (dading) dengan prinsip saling menghormati hak – hak pihak yang bersengketa.

Secara prosedural  penyelesaian secara musyawarah “sengketa hak atas tanah” yang difasilitasi BPN sebagai Mediator, “harus”  disertai bukti – bukti tertulis sejak permulaan, antara lain surat pemberitahuan untuk para pihak, Berita Acara Rapat, dan selanjutnya bukti adanya perdamaian yang dinyatakan dalam Akta Pernyataan Perdamaian yang dalam hal ini sebaiknya dibuat oleh dan dihadapan Notaris sehingga mempunyai hukum dan  kekuatan  kekuatan pembuktian yang sempurna.

In actu, banyak orang atau Badan Hukum yang merasa kepentingannya dirugikan terhadap hak atas tanah tertentu, mengajukan keberatan langsung kepada Kepala BPN. Demikian juga mengenai permohonan pembatalan sertifikat hak atas tanah yang didasarkan pada adanya PUTUSAN PENGADILAN yang telah berkekuatan hukum tetap.  Sebagian besar keberatan tersebut diajukan langsung oleh yang bersangkutan kepada Kepala BPN, akan tetapi ada pula yang diajukan melalui Kepala Kantor Pertanahan Kabupaten/Kotamadya setempat yang selanjutnya diteruskan melalui Kakanwil BPN Propinsi yang bersangkutan.

DASAR HUKUM kewenangan Kepala BPN untuk melakukan Pencabutan atau Pembatalan Surat Keputusan Tata Usaha Negara dibidang pertanahan karena adanya cacat hukum atau cacat administrasi dalam penerbitannya, yaitu:

  1. Undang – Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok – Pokok Agraria;
  2. Peraturan Pemerintah Nomor 24 Tahun 1997 Tentang Pendaftaran Tanah;
  3. Keputusan Presiden Nomor 26 Tahun 1988 Tentang Pembentukan Badan Pertanahan (Pasal 16 sub C);
  4. Peraturan Menteri Negara Agraria/Kepala  BPN Nomor 3 Tahun 1999  Tentang Pelimpahan Kewenangan Pemberian dan Pembatalan Keputusan Pemberian Hak Atas Tanah Negara;


About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA).


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