Dispute over the Transfer of Rights to Land which is the Object of Ruislag: Study of Cassation Decision Number: 2391 K/Pdt/2013

The aim of this research is to identify and explain the factors causing the dispute over the transfer of land rights to be used as an object of ruislag (exchange), to analyze and explain the legal considerations by the judge in Decision No.2391/K/Pdt/2013. This case started with the acquisition of land for public purposes using land that already had rights. So compensation must be given to the land owner (Article 36 of Law No. 2 of 2012 concerning Land Acquisition for Development in the Public Interest). If the land does not have rights, it must be land owned by a region which has the right to transfer land rights (Article 49 paragraph (1) of Law Number 1 of 2004 concerning State Treasury). However, the Banda Aceh Municipality Government carried out a ruislag (exchange) with land belonging to H. Syamsul Kahar which will be used for development at Ujung Jalan Mohd. Hours, for the public interest it turns out that land already has rights but ownership data has not been updated by the land owner, thus causing cases to arise which are used as material in this research.