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International Journal of
Law, Policy and Social Review
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VOL. 7, ISSUE 4 (2025)
Issuance of multiple land rights certificates which cause legal uncertainty in land ownership (A research at the Banda Aceh City Land Office)
Authors
Munawar Auliasyahputra, Ilyas, Ria Fitri
Abstract

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.

It is recommended that BPN always apply the principle of caution in carrying out the process of making land title certificates, so that the aim of land registration in Indonesia, namely legal certainty, is fulfilled. To prevent duplicate certificates, which would be detrimental to the parties and result 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.
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Pages:1-4
How to cite this article:
Munawar Auliasyahputra, Ilyas, Ria Fitri "Issuance of multiple land rights certificates which cause legal uncertainty in land ownership (A research at the Banda Aceh City Land Office)". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 1-4
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