Legal Status of Land Rights Affected by Natural Disasters

Abstract

National Agency for Disaster Management noted that during 2020 there were 4,650 disasters in Indonesia. The other effect of the loss of lives is the loss of property owned, including land. The physical condition of land parcels can change, shift, and even be destroyed, which can invalidate legal certainty from ownership of land rights. This paper discusses the legal status of land rights affected by natural disasters. The research method used was a normative method with a legal science approach in solving land problems related to the status of land rights created due to disasters. The legal status of land rights affected by the earthquake is not abolished. This is because the land object still exists, it is necessary to reconstruct the boundaries to restore the field boundaries. In the case of an abrasion disaster, the legal status of the land is destroyed because the land is also destroyed. The power of a mortgage certificate whose object is destroyed due to a natural disaster is null and void by law. This is because the Deed of Allowing Mortgage as the basis for the issuance of a mortgage certificate is null and void. After all, it does not meet the legal requirements of an agreement, namely a certain matter.