ANALISIS YURIDIS SENGKETA LAHAN ANTARA PT BORNEO INDOBARA (PT. BIB) DENGAN PEMEGANG SURAT KETERANGAN TANAH DI KABUPATEN TANAH BUMBU

Abstract

The conclusion from the research regarding the juridical analysis of land disputes between PT Borneo Indobara (PT. BIB) and holders of land certificates in Tanah Bumbu Regency is that the juridical basis of the communities holding SKTs is not strong enough. In accordance with Article 50 of Law no. 48 of 2009 concerning Judicial Power, which states that in addition to court decisions must contain the reasons and basis for the decision, it also contains certain articles of the relevant laws and regulations or unwritten sources of law which are used as the basis for adjudicating. What is meant by unwritten sources of law here is the attitude of the community in the form of initiatives from holders of land documents prior to the enactment of the BAL to register land/land ownership with the customary elders or the sub-district where the land is located. Therefore, this dispute ended peacefully through mediation conducted by the Batulicin District Court.