Peralihan Hak Guna Usaha Sekaligus Dilakukan Alih Fungsi Penggunaan Tanah

Abstract

Concession Right is the right to work on state-owned land for a certain period of time (Article 29 UUPA) given to a corforate body or an individual for the purpose of agricultural, fishery,and animal husbandry businesses. In its implementation, Concession Right is the object of right to land than can bring financial benefit to the party holding the right and it can also be transfereed to the another party. In a special case, the transfer Concession of Concession Right simultaneously done with the shifting of land use function like what was done by PT. Anugerah Tambak Prakasindo to PT.Perkebunan Sungai Wang. This descriptive study with normative juridical approach was to describe the symptoms, fact, aspects and legal attempts related to the transfer of Concession Right through trading agrement and the shifting of land use function simultaneously done by PT. Anugerah Tambak Prakasindo to PT. Perkebunan Sungai Wang. The result of study showed that the procedure of the transfer of Concession Right was based on the application lodged by the party holding the Concession Right with the enclosures of the license issued by the National Land Bord (BPN) and the latter of consent issued by the local goverment and Plantation Service. Legal consequence resulted from the transfer of Concession Right was that the holder of Concession Right, in this case was PT.Anugerah Tambak Prakasindo, was required to hand the land with the Concession Right promised to the buyer,in this case, PT. Perkebunan Sungai Wang with the condition that the application for the permit to transfer the Concession Right must first be filed to the Office of Land Bord.The role of Notary and Land Certificate Issuing Official (PPAT) in terms of transfer of Concession Right and at the same time to shift the land use function was limited to the marking and issuing of act/certificate professionally as the evidence in the from of Trading Agreement/Act that the right to the land has been transferred without intervention and responsibility to register the transfer to the Office of Land Board. All of the parties involved are suggested to pay agood attention to the procedure of transfer of Concession Right. The agencies related to the process of the shifting of land use function are suggested to be more selective in issuing the license of the shifting of land used function that the parties involved cannot abuse it. Notary and land certificate Issuing Official(PPAT) are suggested to provide some extension on legal advice to the society members. If the society members do not understand the procedure, it is better for them to make the trading agreement before a notary can help them do it and the agreement/act made before the notary can guarantee a legal certainty more