PERLINDUNGAN HUKUM BAGI PEMEGANG HAK AKIBAT PENERBITAN SERTIPIKAT HAK ATAS TANAH YANG CACAT ADMINISTRASI (STUDI KASUS PUTUSAN PENGADILAN NEGERI SURAKARTA NOMOR: 149/PID.B/2023/PN.SKT)

ALYSIA DELLY RASENDRIA, 20293432 (2024) PERLINDUNGAN HUKUM BAGI PEMEGANG HAK AKIBAT PENERBITAN SERTIPIKAT HAK ATAS TANAH YANG CACAT ADMINISTRASI (STUDI KASUS PUTUSAN PENGADILAN NEGERI SURAKARTA NOMOR: 149/PID.B/2023/PN.SKT). Diploma thesis, Sekolah Tinggi Pertanahan NAsional.

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Abstract

Registration of the transfer of land rights provides certainty regarding the status of land rights. This is in line with the aims and objectives of the UUPA to create legal certainty and protection for land rights holders. The government guarantees legal and strong legal protection and certainty for land rights holders through an order to register the transfer of land rights with the aim that if in the future there are disputes, conflicts and land cases, land rights holders can obtain legal protection. This is what happened in the criminal case of the Surakarta District Court Decision Number: 149/PID.B/2023/PN.SKT where the issuance of a land title certificate which contained administrative defects was a result of the criminal act of inserting false information into an authentic SKTLK deed which had occurred in the City Surakarta. This case causes land rights holders to lose their rights so they need to be given legal protection. This research aims to review legal protection for parties who suffer losses due to the issuance of administratively defective land title certificates due to the criminal act of forgery of authentic deeds in the form of SKTLK. Researchers use normative-empirical legal research methods with two approaches. The case approach is implemented to observe a case that occurred at a certain place and time by searching for contextual material regarding the background of the case by integrating material from information sources to obtain detailed case illustrations. The statute approach is used to examine all statutory regulations relevant to the case that occurred, which are listed in UUPA, PP Number 24 of 1997, PP Number 18 of 2021 and Minister of ATR/BPN Regulation Number 21 of 2020. Based on the research results, the legal protection that can be provided by the Surakarta City Land Office to parties who suffer losses due to the issuance of certificates that indicate administrative defects based on Surakarta District Court Decision Number: 149/PID.B/2023/PN SKT is by not doing anything about it. the certificate and make it (status quo) as long as there is no PTUN decision ordering the Surakarta City Land Office to cancel the rights to the certificate. The legal protection provided by the Prosecutor's Office and the Surakarta District Court is to try from the criminal aspect, namely punishing the defendant in accordance with Article 266 paragraph (1) of the Criminal Code and charging the defendant a case fee of IDR 5,000 (five thousand rupiah). Keywords: court verdict, legal protection, legal certainty.

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