KEWENANGAN PENGADILAN DALAM MEMBATALKAN SERTIPIKAT HAK ATAS TANAH YANG TELAH DITERBITKAN LEBIH DARI LIMA TAHUN

  • Amalya Djati Program studi magister kenotariatan Fakultas Hukum Universitas Surabaya
Keywords: land registration, certificate of land rights, strength of proof

Abstract

The purpose of this study is to analyze the strength of evidence of certificates of land rights before the court and analyze the ratio of decisions of judges who cancel certificates of land rights that have been issued for more than 5 (five) years. The type of research is normative juridical, using the statutory approach, conceptual approach and case approach. From the results of research and discussion found First: certificate of land rights that have been issued for more than 5 (five) years and meet the elements stipulated in Article 32 paragraph (2) Government Regulation Number 24 of 1997 concerning Land Registration has absolute proof power can not be cancelled. Second: the 2 (two) court decisions reviewed show that the strength of proof of certificate of land rights even though it has fulfilled the elements as evidence that has absolute power and cannot be canceled, but in fact the certificate of land rights can still be canceled by the court. In the first case examined, the judge gave consideration in responding to the Defendant's exception stating that Article 32 paragraph (2) was the domain / scope of the state administrative court, while the object of the dispute was a dispute over ownership so the exception was rejected. In the second review that was reviewed, the Supreme Court gave legal considerations that the application of Article 32 paragraph (2) did not provide a sense of justice, so the Supreme Court ruled out the validity of Article 32 paragraph (2) and canceled the certificate of rights that had been issued more than 5 (five) year because it is considered a juridical defect.

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Published
2020-05-30
How to Cite
Djati, A. (2020). KEWENANGAN PENGADILAN DALAM MEMBATALKAN SERTIPIKAT HAK ATAS TANAH YANG TELAH DITERBITKAN LEBIH DARI LIMA TAHUN. JURNAL MEDIA HUKUM DAN PERADILAN, 6(1), 11-27. Retrieved from http://ejournal-pps.unsuri.id/index.php/jmhp/article/view/132
Section
Articles