Electronic Theses and Dissertation

PENERBITAN SERTIPIKAT HAK ATAS TANAH GANDA YANG MENIMBULKAN KETIDAK PASTIAN HUKUM
DALAM PEMILIKAN TANAH
(Suatu Penelitian Di Badan Pertanahan Nasional Kota Banda Aceh)

ISSUANCE OF MULTIPLE LAND RIGHTS CERTIFICATES WHICH CAUSE LEGAL UNCERTAINTY IN LAND OWNERSHIP (A RESEARCH AT THE BANDA ACEH CITY LAND OFFICE) MUNAWAR AULIASYAHPUTRA.* ILYAS** RIA FITRI*** ABSTRACK Article 19 paragraph (1) and paragraph (2) letter c of Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations explains that the purpose of land registration is to fulfill legal certainty regarding the subject of rights and the existence of this is a strong fiber. Article 34 paragraph (1) of the Minister of Agrarian Affairs and Spatial Planning Regulation of the Head of the National Land Agency Number 21 of 2020 confirms that in principle, one plot of land can only be issued with one land title certificate. However, in reality there are certificates issued by BPN for the same land, as certificates issued through land registration The purpose of this research is to explain the legal consequences of the birth of double certificates issued by BPN, the factors that cause the birth of double certificates for land rights and the process of resolving problems regarding the birth of double certificates. This empirical juridical research uses a field approach through interviews and document collection. The data obtained is only primary and secondary data which is described qualitatively. The results of the research show that the legal consequence of having a double certificate is that the purpose of land registration is not fulfilled, namely legal certainty and legal protection for the ownership of a piece of land, so that it will be detrimental to the holder or owner of the land rights. With the existence of a double certificate it must be resolved as soon as possible, this aims to cancel the second certificate. So the certificate will be null and void by law. The factors that cause double certificates to occur are due to the inaccuracy and inaccuracy of the land office in verifying land data submitted by land registration applicants, administrative errors, changes in land boundaries due to systematic land registration (prona), factors that do not present the parties bordering the land when the land is measured and deliberate actions carried out by the parties. The case resolution process regarding double certificates will first be carried out by deliberation at the village level, if no results are obtained then it will be continued at BPN, but if you don't get peace then the last option is to file a lawsuit at the District Court. It is recommended that BPN always apply the principle of caution in carrying out the process of making land title certificates, this is so that the aim of land registration in Indonesia, namely legal certainty, is fulfilled. So that there will no longer be duplicate certificates which will be detrimental to the parties, resulting in legal uncertainty. It is recommended that BPN always be careful in carrying out their duties and positions, because sometimes there are administrative errors or personal errors when carrying out their duties and positions. It is recommended that people who have been harmed should be given legal protection, either by providing consultation, mediators and other parties. Keywoard : Issuance of certificates, double land right, legal uncertainly