LEGAL PROTECTION FOR OWNERS OF LAND RIGHTS CERTIFICATES WHO OBTAINED IN GOOD FAITH IN THE FRAMEWORK OF JUST LEGAL CERTAINTY

Authors

  • Pito Syahda Master of Laws at Langlangbuana University
  • Nugraha Pranadita Master of Laws at Langlangbuana University
  • Juli Asril Master of Laws at Langlangbuana University

Keywords:

Legal Protection, Certificate of Land Rights, Legal Certainty

Abstract

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

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Published

2024-05-08

How to Cite

Syahda, P. ., Pranadita, N., & Asril, J. (2024). LEGAL PROTECTION FOR OWNERS OF LAND RIGHTS CERTIFICATES WHO OBTAINED IN GOOD FAITH IN THE FRAMEWORK OF JUST LEGAL CERTAINTY. International Journal of Asia Pasific Collaboration, 2(3). Retrieved from http://ijapcollaboration.com/index.php/IJAPC/article/view/49

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