Property Rights on Land 1. Definition of Property Rights According to Article 20 paragraph (1) of the LoGA, the definition of property rights is as follows: hereditary, strongest and fullest rights that can be owned by people on land by considering the provisions in Article 6. Based on these provisions that the properties of property rights distinguish them from other rights. Property rights are hereditary, strongest and fullest rights that people can have on land. The granting of this attribute does not mean that the right is an absolute, unlimited and inviolable right. The words hereditary mean that property rights to land do not only last for the life of the right holder, but if a legal event occurs, namely with the death of the right holder, it can be continued by the heirs. If we examine the provisions of the LoGA, we will find that there are a number of principles relating to property rights, namely: 1) Property rights to land are based on state control rights (article 4 paragraph 1) 2) Property rights are only granted within certain limits. which is determined by the UUPA and other legal regulations (article 4 paragraph 2) 3) Property rights to land have a social function (article 6) 4) Land ownership rights must not harm the public interest and therefore cannot be used excessively (article 7 5) Property rights are hereditary, strongest and most complete rights that can be owned by people on land by keeping in mind the provisions that property rights have a social function (article 20 paragraph 1) 6) Property rights can be transferred and transferred to other parties (article 20 paragraph 2 7) Only Indonesian citizens can have property rights (Article 21 paragraph 1) 8) Legal entities can have property rights under certain conditions based on government regulations (Article 21 paragraph 2) 9) People who are not Citizens who obtain ownership rights to land are obliged to relinquish their rights (Article 21 paragraph 3-4) 10) Property rights occur according to customary law, government stipulations and statutory provisions (Article 22) 11) Property rights along with their transfer, are abolished and encumbrance with other rights must be registered. The registration serves as strong evidence regarding the abolition of property rights and the legality of the transfer and encumbrance of these rights (article 23). right of ownership; 2) The government determines legal entities that can have property rights; 3) Foreigners who after the enactment of this law acquire property rights due to inheritance without a will or mixing of assets due to marriage, as well as Indonesian citizens who have property rights
Discuss and explain the Definition of Property Rights.