ANALISIS PEMBATALAN SERTIPIKAT HAK ATAS TANAH DI KANTOR PERTANAHAN KOTA SURABAYA I (STUDI KASUS PUTUSAN PENGADILAN PTUN NO. 53/G/2020/PTUN.SBY)

MARSELLA PARAMITA SUBAGYO PUTRI, 20293604 (2024) ANALISIS PEMBATALAN SERTIPIKAT HAK ATAS TANAH DI KANTOR PERTANAHAN KOTA SURABAYA I (STUDI KASUS PUTUSAN PENGADILAN PTUN NO. 53/G/2020/PTUN.SBY). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

Preview

Text Marsella _ 20293604_1.pdf Download (739kB) | Preview

Abstract

Land registration is carried out to ensure legal certainty of land rights. This is contradictory to the negative publication system with positive tendencies in Indonesia, where the state does not guarantee the validity of physical and juridical data recorded in land rights certificates. As a result, certificates as legal products of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency can be challenged through judicial institutions. One case of a lawsuit against the issuance of a land rights certificate is the case with registration number 53/G/2020/PTUN.SBY, with the object of dispute being the Freehold Title Certificate No. 54 of Bangkingan Village. The research in this thesis aims to determine the causes of the lawsuit, the mechanism for canceling land rights certificates in the context of implementing court decisions that have permanent legal force, and its legal consequences. The type of research used in this study is normative-empirical legal research, with a statutory approach and a case study approach. The statutory approach is carried out by examining all relevant laws and regulations to understand the provisions for implementing land rights cancellation, while the case study approach is used to examine the judges' considerations in handling cases until court decisions are rendered and the implementation of court decisions at the Surabaya I City Land Office. Data collection uses document studies and interviews. Primary data consists of rights registration files and rights cancellation implementation documents. Primary legal materials in the form of laws and regulations and court decisions are obtained through document studies as a basis for conducting legal analysis, and secondary legal materials in the form of literature books and scientific works (journals, thesis, etc.). The results of this research show that the lawsuit for land rights cancellation was caused by administrative errors in issuing the certificate of the disputed object. At the request of the winning party or interested party, the implementation of land rights cancellation is followed up by the Surabaya I City Land Office through case handling stages in accordance with the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of National Land Agency No. 21 of 2020. The decision to cancel the rights registration is issued by the Head of the East Java Provincial Office of the National Land Agency according to their authority, and is followed by land administration actions by the Head of the Surabaya I City Land Office. The legal consequences of land rights cancellation in this case include recording the cancellation in the Land Book, Input Lists, and General Lists in the land administration, withdrawing the certificate from circulation as it no longer serves as valid proof of land rights, and the status of the rights reverting to former Yasan Rights land. Keywords: land rights cancellation, court decisions, case handling

Actions (login required)

View Item