PEMBATALAN SERTIPIKAT HAK ATAS TANAH DALAM RANGKA PELAKSANAAN PUTUSAN PENGADILAN NO. 29/G/2017/PTUN – PTK ( STUDI KASUS DI KANTOR PERTANAHAN KABUPATEN KUBURAYA)

MUHAMMAD ALKHAIRI ABDILLAH SAID, 21303796 (2025) PEMBATALAN SERTIPIKAT HAK ATAS TANAH DALAM RANGKA PELAKSANAAN PUTUSAN PENGADILAN NO. 29/G/2017/PTUN – PTK ( STUDI KASUS DI KANTOR PERTANAHAN KABUPATEN KUBURAYA). Diploma thesis, Sekolah Tinggi Pertanahan Nasional.

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Abstract

Land registration is conducted to ensure legal certainty of land rights. However, this principle is challenged by the negative publication system with positive tendencies in Indonesia, in which the state does not guarantee the accuracy of physical and juridical data contained in land title certificates. Consequently, certificates as legal products of the Ministry of ATR/BPN may be contested through legal proceedings. One example is Case Number 29/G/2017/PTUN-PTK, which concerned disputes over Land Title Certificate No. 1446 of Teluk Kapuas Village and Certificate No. 31847 of Arang Limbung Village. This study aims to identify the factors that triggered the lawsuit and to analyze the mechanism for revoking land title certificates following Court Decision No. 29/G/2017/PTUN-PTK as well as after the deed of settlement. The type of research applied in this study is normative-empirical legal research, using a statutory approach and a case study approach. The statutory approach is carried out by analyzing all relevant regulations to understand the provisions related to the cancellation of land rights, while the case study approach aims to observe the judge's reasoning in handling cases until they produce court decisions and the implementation of those decisions at the Kubu Raya Regency Land Office. For data collection, the methods used are document study and interviews. Primary data consists of rights registration documents and documents related to the cancellation of rights. Primary legal sources, namely regulations and court decisions, are obtained through document study as a basis for conducting legal analysis, while secondary legal sources include literature books and scientific works such as journals and theses. The results of this study indicate that the cancellation of Land Ownership Certificate No. 1446 of Teluk Kapuas Village and No. 31847 of Arang Limbung Village is based on a court decision that has permanent legal force due to an overlap with Land Ownership Certificate No. 33169/Sungai Raya, which is contrary to the provisions of UUPA, PP No. 24 of 1997, and the principle of legal certainty. The cancellation mechanism is implemented through the issuance of a Decree of the Head of the ATR/BPN Regional Office, which functions to cancel the proof of rights and their registration, without removing civil rights to the land, and is followed up by the Land Office by recording the deletion in the land book and certificate. Keywords : Revocation of Land Title Certificates, Court Decisions, Case Settlement, Land Dispute Indonesia.

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