TINJAUAN YURIDIS PENDAFTARAN PERALIHAN HAKkMILIK TANAH MELALUI LELANG YANG DILAKUKAN OLEH KEMENTERIAN ATR/BPN KANTOR PERTANAHAN KABUPATENESRAGEN

Studi Kasus: BPN Kabupaten Sragen

Abstrak

This study aims to determine the procedures and obstacles to the transfer of ownership of land rights through auction at the Sragen Regency Land Office. This research is motivated by the object of land auction is land rights both registered and unregistered. Juridically, the auctioned land rights are not the land. There are several parties involved, including buyers, sellers, auction officials and supervisors in its implementation.

The research method consists of empirical juridical research, descriptive research nature. The data sources used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection was achieved by field studies (interviews and observations), and literature studies.  This research uses qualitative analysis with an interactive model.

The results show that the procedure for transferring land rights through auction at the Sragen Regency Land Office follows the regulations stipulated in Government Regulation No. 24 of 1997. To be able to register the transfer of land rights through auction, there must be evidence such as excerpts of minutes of auction, certificates of ownership rights to land or apartment units, acertificate fromethe Headeoffthe Auction Office if the certificate is not given, and juridical data stored in registration maps, land registers, measurement letters, and land books from the Land Office. After the auction is conducted, the seller fulfills the auction requirements by obtaining a Land Registration Certificate (SKPT) from the Land Office. Constraints, such as: processing applications and auction management are not timely; application files that have not been plotted in the KKP (Land Office Computerization) system; delays from officers in completing applications, lack of consistency in processing applications, and weak responses from officers to complaints filed by applicants.