ANALISIS YURIDIS TERHADAP PENDIRIAN PERMUKIMAN DI PESISIR PANTAI KOTA SIBOLGA (Studi di Kelurahan Pancuran Bambu Kecamatan Sibolga Sambas Kota Sibolga)

Abstract

Houses as a support for community livelihoods in water areas and places for the development of life are very much needed by people who live in water areas, so that people in the Sibolga City
area build houses on the coast and coastal borders. The research was conducted using legal
research, namely normative juridical and empirical juridical, descriptive analytical research is
research that aims to describe a situation or symptom or to determine whether there is a
relationship between a symptom and other symptoms. Data collection techniques used are
literature studies and field studies in the form of data collection and interviews with the Head of
the Housing, Settlement and Environmental Office of Sibolga City. The results of the research
and discussion show that the regulation of the use of coastal areas for community settlements in
Sibolga City is regulated in Law Number 1 of 2011 concerning Housing and Settlement Areas,
Presidential Regulation Number 51 of 2016 concerning Coastal Boundaries and Sibolga Mayor
Regulation Number 16 of 2018 Regarding the Utilization of Coastal Areas and Coastal Borders in
Sibolga City. The legal status of control of coastal waters for residential areas in Sibolga City can
be granted for residential housing if based on Article 5 paragraph (2) of the Minister of ATR/BPN
Number 17 of 2016 is a land right according to Article 16 of the BAL. However, when viewed from
the presence of houses built on water, not on land (land). The earth's surface referred to in the
LoGA is land which includes the surface of the earth on land and also the surface of the earth
under water, including sea water. So, in this case the floating house can be given land rights. The
appropriate right to be given to the floating house is the right to use the land. The policy of
granting land rights to coastal areas in Sibolga City is only to give use rights to fishermen who
live in the border of the orphanage and not property rights.