Status Hukum Tanah Musnah Berdasarkan Permen ATR/BPN No. 17 Tahun 2021

Abstract

Everyone has the right to obtain recognition of guarantees, protection and fair legal treatment, and obtain legal certainty. The tidal flood disaster that occurred in Pekalongan City resulted in the land owners losing their right to control, use or take advantage of the land because the surface of the land and/or buildings erected on it was either partially or completely inundated by tidal water. This article aims to identify the legal status of pieces of land that are affected by tidal flood according to the Ministry of ATR/BPN Regulation Number 17 of 2021 of Procedures for Determination of Destroyed Land and to analyze the legal protections that can be obtained by owners of Land Rights on destroyed land as the result of a disaster. This is a normative juridical research with conceptual and statutory approaches by examining all the relevant laws and regulations. The results of this study conclude that the pieces of land affected by the tidal flood disaster in Pekalongan City has met the requirements to be considered as destroyed land based on the land requirements in Ministry of ATR/BPN Regulation Number 17 of 2021, the holders of the land are then given priority to carry out reconstruction or reclamation within a period of 1 (one) year, receive spiritual funds if the pieces of land is to be used and/or reconstruction or reclamation is carried out by the Government