THE RISK OF BUYING AND SELLING LAND ARISES

  THE RISK OF BUYING AND SELLING LAND ARISES

Embossed soil or growing soil (English: deltaber or channelbar, Dutch: aanslibbing) is the resulting soil of silt sedimentation as a result of river flooding or overflow of water that stops somewhere and settles and then appears into soil or as a result of human-deliberate hoarding to turn an area of water into a land area.

Juridically formal understanding of land arises can be seen in the explanation of Article 12 of Government Regulation No. 16 of 2004 on Land Stewardship which states that embossed land is land that is formed naturally or artificially because the deposition process in rivers, lakes, beaches and or islands arises.

Against the land arises, in general, people assume that people who work or strive so that the embossed soil can be like soil in general, by hoarding or planting it with several types of plants that can accelerate the growth of soil layers arise then the person who has the right to control the land arises. In general, the control of land arises into two, namely:

1. Person who owns a plot of land that is directly adjacent to the embossed land and

2. People who do not have a plot of land that is directly adjacent to the land arises.

For people who own land directly adjacent to the embossed land in general habits the community is considered to have a priority right to control it. If he wants to work on and manage the new land, he just simply tells his intentions to the owner of the land bordering him. The purpose of this notice is intended so that they (both parties) know clearly the boundaries of the land that is part of the land. That way, in the future there will be no dispute or dispute between the two bordering parties. As for the procedure that is usually done, before doing cultivation / mastery, provides boundary signs such as sticking bamboo or wood at the four corners of the embossed land that will be controlled or that will be worked on by pulling straight from the previously owned plot of land, both from the right and left side of the boundary of the land field.

Thus it can be known that legally, embossed land is land controlled directly by the state. Therefore, everyone who will control the land arises must obtain the most complete permit first from the competent government apparatus, namely the National Land Agency. So, legally, the person who seeks the land arises will not necessarily be the holder of property rights to the land arises. To become the holder of land rights arises, must apply first.

In principle, the application for land rights arises submitted to the Land Office whose jurisdiction includes the location of the land. The procedure for land rights application arises following the procedures stipulated in the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency No. 9 of 1999 on The Procedure for Granting and Cancellation of State Land Rights and Management Rights. .