LEGAL PROTECTION FOR OWNERS OF LAND RIGHTS CERTIFICATES WHO OBTAINED IN GOOD FAITH IN THE FRAMEWORK OF JUST LEGAL CERTAINTY
Keywords:
Legal Protection, Certificate of Land Rights, Legal CertaintyAbstract
Certificate according to Article 1 point 20 PP No. 24 of 1997 is a certificate of proof of rights as intended in article 19 paragraph (2) letter c UUPA for land rights, management rights, waqf land, ownership rights to apartment units and mortgage rights, each of which has been recorded in the land book. concerned. Based on Article 32 Paragraph (2) PP No. 24 of 1997, certificates that have been issued for more than 5 years cannot be sued, but in reality there are certificates that have been sued and decided by a judge who stated that the certificate was legally defective and had no legal force. This research examines the legal protection for owners of land title certificates who obtain them in good faith within the framework of just legal certainty, especially in relation to lawsuits against land title certificates that have been issued for more than 5 years. This research aims to examine and assess the legal certainty of land title certificates, especially regarding lawsuits in court. This research is normative juridical research that is descriptive in nature. The author uses secondary data consisting of primary legal materials in the form of norms or basic rules, basic regulations, statutory regulations, jurisprudence, and court decisions and secondary legal materials in the form of literature consisting of draft laws, books, scientific works. legal scholars, research results, journals, magazines and so on.
References
Books :
Aartje Tehupeiory, The Importance of Land Registration in Indonesia , Jakarta, Achieving Hope of Success, 2012
Adrian Sutedi, Transfer of Land Rights and Registration , Jakarta, Sinar Graphics, 2017
Adrian Sutedi, Land Rights Certificate , Cet. Second, Jakarta, Sinar Gafika, 2015
Asikin Zainal, Introduction to Indonesian Legal System , Jakarta, Rajawali Press, 2015
Elza Syarief, Certification of Land Ex-Eigendom Rights , Cet. First, Jakarta, Gramedia Popular Literature, 2014
Fadli Yazid, Introduction to Agrarian Law , Medan, Undhar Press, 2020
James Julianto Irawan, Securities A Juridical and Practical Review , Jakarta, Prenadamedia Group, 2014
Peter Mahmud Marzuki, Introduction to Legal Studies , Jakarta, Kencana, 2013
Philipus M. Hadjon. Legal Protection for the Indonesian People; A Study of its principles, Handling by the Court in the General Court Environment , Surabaya, Bina Ilmu, 2017
Satjipto Raharjo, Legal Studies , Bandung, Citra Aditya Bakti, 2019
Sigit Sapto Nugroho et al, Indonesian Agrarian Law , Cet. First, Solo, Pustaka Iltizam, 2017
Sudikno Mertokusumo and H. Salim HS, Development of Theory in Legal Science , Jakarta, PT Raja Grafindo Persada, 2010
Umar Ma'ruf, Legal Politics in the Land Sector , Cet. First, Semarang, Diponegoro University Publishing Agency, 2016
Urip Santoso, Comprehensive Study of Agrarian Law , Cet. 6th, Jakarta, Prenadamedia Group, 2012
Zainudin Ali, Legal Research Methods , Jakarta, Sinar Graphics, 2021
Journal :
Bahder Johan Nasution, "Philosophical Study of the Concept of Justice from Classical Thought to Modern Thought" , Yustisia Journal Vol. 3, no. 2, May-August 2014
Ibrahim Ahmad, "Principles of Justice in Settlement of Land Disputes for Development Purposes" , Legality Journal Vol 3, No. 2
Ni Luh Juliani and I Gusti Ngurah Dharma Laksana, " The Function of Implementing Complete Systematic Land Registration (Ptsl) in Tabanan Regency in Spatial Planning for the Community ", Jurnal Kertha Negara 9 Vol. 9, no. 1, 2021
Legislation :
The 1945 Constitution of the Republic of Indonesia
Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations
Government Regulation Number 24 of 1997 concerning Land Registration
Internet :
Irma Devita, Complete Systematic Land Registration (PTSL) , Complete Systematic Land Registration (PTSL) – Irma Devita – Notarial and Land Information , accessed on January 14 2024, at 22.35 WIB
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Pito Syahda, Nugraha Pranadita, Juli Asril
This work is licensed under a Creative Commons Attribution 4.0 International License.