SAPRIANI, 030810024 M (2010) KEWENANGAN PEMERINTAH DAERAH DI BIDANG PERTANAHAN (Studi Kasus Di Kota Surabaya). Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Since falling down the new sociopolitical government, reformation wave has been attacking violently Indonesia which demands change in all life arrangement in this country. Carrying out of state structure system which has been from the beginning centralistic to be decentralized, started being released Law No. 22, 1999 which was changed later become Law No. 32, 2004 on Local Government, with center of gravity in autonomy which is held by local or city government. In this Act was decided duty of administration which became duty of central government, whereas the rest become authority of the local government (province and regency/city). One of government's duties which is given to region to become its duty is land service field but actually the case is known, according to Subsection 3 of Article 33 of the Constitution jo. Law No. 5, 1960 jo. President Regulation No. 10, 2006, land field is authority of center government (c.q. BPN). So that, there has been overlapping authority in land field between center government (c.q. BPN) with local government (province and regency/city). The research is law research (legal research), the process to find legal arrangement, legal principle, as well as legal doctrine to answer legal issue which is faced. The approach which is used in this research is statute approach especially rule of Act caught with local government and authority to manage land field in autonomy period and then analyzed by using descriptive comparative. Investigation toward rules of Act in land field indicates that giving 9 (nine) authorities the land service field to region to become duty of government must be through Law No. 22, 1999 jo. Law No. 34, 2004 jo. Government Regulation No. 38,2007 has created ambivalent attitude and inconsistency from center government. The attitude of center government especially caught application of the principle of subject, with should be deconcentration and medebewind to be deconcentration and autonomy. From this case, the first appeard of the rule of Act in land field form which has overlapping case. And the next about implementation of 9 (nine) duties in the land service field in Surabaya is not found urgent problem, as land service field which becomes local government authority shared in some SKPD, which its authority agree with like managed in The Government Regulation No. 41, 2007 jo. The Regulation of Home Secretary No. 57, 2007. While the land in service field which becomes duty and function of The Building Management Official and Land City of Surabaya included in scope of the rest government, so more concentration to management asset only of Surabaya city.

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