Registration Conflict of Sultan Grant Land in Melayu Deli
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Advances in Social Science, Education and Humanities Research, volume 413 1st International Conference on Law, Governance and Islamic Society (ICOLGIS 2019) Registration Conflict of Sultan Grant Land in Melayu Deli Rafiqi 12 OK . Saidin1 M.Yamin Lubis1 Edy Ikhsan1 1 Faculty of Law, Universitas Sumatera Utara, Indonesia 2Faculty of Law, Universitas Medan Area, Medan, Indonesia Email: [email protected] ABSTRACT Humans and land have a cosmic, magical, religious, and legal relationship. The Sultan Grant in the territory of the native Malayu kingdom was under the direct rule of the Sultan. Since the establishment of the Basic Agrarian Law, land rights have been changed. The Sultan's Grant is an Indigenous Melayu land issued by the Sultan, but to date it not yet registered. The problem addressed in this study was how to convert the Sultan Grant land based on the Basic Agrarian Law Number 5 of the Year 1960. This study employed normative juridical research using descriptive analysis. The results revealed that the issuance of certificates in the location of grants must fulfill land registration procedures adhering to the Government Regulation (Peraturan Pemerintah), Number 24 of the Year 1997. In Summary, the Sultan Grant lands must be registered through the National Land Agency in following the Government Regulations. It is suggested for the government to socialize to the Sultan Grant owners about registering their land. Keywords: registration, Melayu Deli, Sultan Grant land 1. INTRODUCTION of East Sumatra and the Sultan of Malaysia, which was once a British colony. Land rights in East Sumatra have their own In 1890, the sultan issued a certificate of characteristics due to the arrival of foreign surrendering land to someone. So, a piece of land was capital. Residents in areas ruled by kings, many coming handed over as a gift or called kurnia but in reality, the land from the Middle East and Europe, which at a certain time had actually been used and occupied for a long time, in the history were the conquered in the regulations issued whereas Sultan Grant's request was only to be submitted if by the Indies Gebernemen, while Swapraja has the right to he intended to sell the land. self-government ( zelfbestuur), has the personnel only to The study of the rules regarding Sultan Grant's residents who are classified as "the servant of the king" and Registration Conflict in Melayu Deli Community is due to thus, the European people and foreigner from the East several things, as follows. living in the unoccupied areas as if they have proper The ongoing First Sultan Grant Holders do not extraterritoriality [1] register the Sultan Grant, when the first Sultan Grant holder Therefore, it is not subject to the law of self- dies, the heirs of Sultan Grant holders want to sell the land, government, the land right, which is usually owned by the only to be registered by the second or third heirs who do not natives, cannot be owned by Europe or Middle Eastern control the land even do not know the location of the land, people. In 1889 the Dutch governor implemented a so Sultan Grant is claimed to be a fake. Grant cannot enroll deed. This deed is referred to as the English word "Grant", the Sultan Grant land because the land is not mastered to get which was taken over from the Semananjung land of the recognition of land rights held by the owner of Sultan Malaya. Grant, both public Adat Melayu Deli and Deli One of the customary ownership rights is land Sultanate. There has not been a normative solution related with Grant status. The grant applies in Eastern Sumatera , to the conversion of Sultan Grant's land as Sultan Grant's which is in the Sultanate of Deli. Grant rights most entitled holder, to ensure legal certainty, so that a in East Sumatera are rights to the land, which is based on prolonged dispute arises and becomes the benchmarks of the grants of the king to the Sultan for his vow, as well as to the position of Sultan Grant's Land in the Melayu Deli foreign nations. community. The use of the term "grant: derived from English Based on the background of the problems may be related to the historical background where there is mentioned earlied, this paper discussed the implementation a close family relationship between the Sultan of the Sultan Grant Land registration in the Melayu Deli society. Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 149 Advances in Social Science, Education and Humanities Research, volume 413 2. The History Of Sultan Grant 3) Sultan's Grant , which is a grant given by the Sultan for his vows, which is an embodiment of determining One of the customary ownership rights is land indigenous rights to land. This right can be converted with grant status. The grant applies in Eastern Sumatra , into ownership right and right to build in accordance namely in the Deli Sultanate region . Grant rights with the subject of rights and designation. in East Sumatra , are rights to land, which is based on the 4) Concessie-Agriculture , which is a lease right with grant of the king to the Sultan to his vows, as well as to conditions. The plantation lands were rented by the foreign nations. The use of the term “grant” derived from plantation of the head of indigenous people in East English may be due to the historical background, where Sumatra, as stated in the concession deed. The Sultan there is a close familial relationship between the Sultan or head of the customary community leased the land of East Sumatra and the Sultan of Malaysia, which was for a period of 75 or 99 years and he acted for and on once a British colony. behalf of the customary law community known to the Sultan Grant in the native Melayu kingdom Governor-General. territory was under the direct control of the Sultan. Thus, In accordance with the provisions of the existing the Sultan Grant issued to Kuala Swaparaja was only legislation, if a bumiputera (indigenous) who has land with signed and stamped directly by the Sultan. The original the status of western rights, then they are considered to Melayu kingdom included "Percut, Sungai Tuan, Bedagai have submitted themselves to the law of Burgerlijke and Padang (now called Tebing Tinggi). WetBoek or Civil Code, as a consequence of ex-western Besides, there was also Sultan Grant who was not lands are subject to the Civil Code (Western). The directly issued by the Sultan, but by the chief Sultanate of Deli issued several forms of deeds leaders. Urung is an area of the sultanate's territory, which establishing the property rights, known as Sultan Grant. Sultan Grant Deli was first published in 1909. Grant was inhabited by the indigenous tribal community st governed by the Malays. The leader was failed a leader Number 1 was dated January 1 , 1909, located in for the non-Melayu swapraja community, which was Junainah Village, Deli Tua District, Deli Serdang generally Bataknese, especially those who were under the Regency, on behalf of Tengku Redhwan and Encik Puan sovereignty and power of the Sultan. Around 1890, the Nemah. For more information, see Sultan Deli Azmy sultan issued a certificate of surrendering a land to Perkasa Alam Alhaj Letter Number 027.2 / IM-SD / VII / someone. So, the land was handed over as a gift or called 1996, dated July 6, 1996 and Sultan Deli Otteman kurnia , but in reality, the land had actually been used and Mahmud Perkasa Alam's Letter Number 23 / IM-SD / occupied for a long time, whereas Sultan Grant's request 2003, dated April 28, 2003, concerning the Introduction to was only to be submitted if he intended to sell the Circular Minutes of the Existence of Important Letters and land. Archives of the Sultanate of Deli (according to our Most customary lands are not registered because statement in Belawan Polresta No. 24.6 / IM-SD / 2011 they are subject to unwritten customary land law. Thus, concerning the explanation of the Sultanate of Deli on the customary land is also Indonesian land rights. This Validity of Sultan Grant dated May 19, 2011). This Sultan customary land is different from customary land, because Grant was a form of individual land ownership and the customary land can be categorized as ownership rights and grant was not issued on the concession land. then registered. For example, the land of Swapraja has the There are rights issued on the concession land status of Grant, in East Sumatra , as well as in the called eigendom verponding . It was a right that was placed sultanates of Yogyakarta and Surakarta. on a concession. Eigendom verponding was included in the Unap referred to as Swapraja land is the entire category of the tail agreement whose parent was a regulation on land that specifically applied in the region of concession agreement (as outlined in the concession deed). Swapraja . In the Swapraja area the land law was created During the period when tobacco plantations and other by the Swapraja Government and partly by the Dutch. The plantations had been successfully established by Dutch Sultanate of Deli was an area that has a separate plantation entrepreneurs, the plantation entrepreneurs government regarding land, implementing the swapraja wanted to establish transportation businesses, such as land law. The land defense in the Sultanate of Deli used trains. At that time, the entrepreneurs gathered to establish land ownership in East Sumatra .