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 fulfil legal certainty regarding the subject of rights, and
the existence of this is a strong fibre. 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 well as certificates
issued through land registration.
The
purpose of this research is to explain the legal consequences of the issuance
of double certificates by BPN, the factors that cause the issuance of double
certificates for land rights, and the process of resolving problems related to
the issuance of double certificates.
This
empirical juridical research employs a field approach, utilising interviews and
document collection. The data obtained consists of both primary and secondary
data, which are described qualitatively.
The
research results indicate that the legal consequence of holding a double certificate
is that the purpose of land registration is not fulfilled, specifically,
ensuring legal certainty and protection for land ownership, which can be
detrimental to the holder or owner of the land rights. With the existence of a
duplicate certificate, it must be resolved as soon as possible, with the aim of
cancelling 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 initially be conducted through deliberation at the
village level. If no results are obtained, the process will be continued at
BPN. However, if you don't achieve peace, the last option is to file a lawsuit
at the District Court.
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