LEGAL REVIEW OF LAND RIGHTS RELATED TO THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM BASED ON LEGAL CERTAIN VALUES

Authors

  • Wulan Laraswati Rengganis Faculty of Law, Universitas Swadaya Gunung Jati, Cirebon, Indonesia
  • Tina Marlina Faculty of Law, Universitas Swadaya Gunung Jati, Cirebon, Indonesia
  • Irma Maulida Faculty of Law, Universitas Swadaya Gunung Jati, Cirebon, Indonesia
  • Endang Sutrisno Faculty of Law, Universitas Swadaya Gunung Jati, Cirebon, Indonesia

DOI:

https://doi.org/10.33603/hermeneutika.v7i2.8728

Keywords:

Land Rights, PTSL, Legal Certainty

Abstract

The Ministry of ATR/BPN is authorized by the government to grant land rights and land registration activities. Therefore, the PTSL Program was created as a land registration program to achieve legal certainty. The results of the PTSL Program can be issued certificates which are proof of ownership that has legal certainty, but in fact even though they already have legal certainty they can still cause land disputes such as certificates that overlap ownership. Seeing the problems above, the author is interested in analyzing how the PTSL program is implemented for the purpose of legal certainty and efforts to resolve legal disputes in the PTSL program regarding overlapping land rights based on Permen ATR/BPN Number 21 of 2020?. The research method used is normative juridical. The results of the study show that the PTSL program with overlapping certificates of ownership has not fully obtained legal certainty due to administrative defects. Therefore, to obtain legal certainty, one of the certificates must be canceled and the process carried out according to the procedure. Efforts to resolve legal disputes in the PTSL Program regarding overlapping land rights in accordance with Article 6 Paragraph (1), Article 29 Paragraph (1), Article 34, and Article 35 of Permen ATR/BPN Number 21 of 2020. It was concluded that the PTSL Program even though can cause overlapping certificates of ownership, you can still get legal certainty with the handling regulated by Permen ATR/BPN Number 21 of 2020.

References

Dessy Normawati, Irma Maulida, 2019, Perlindungan Bagi Pemilik Tanah Yang Tertutup Dalam Memeperoleh Akses Jalan Ditinjau Dari Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok Agraria, Vol 10 (No.2), Hlm 71.

Septiana Maryanti P., Arsan Nurrokhman, Febi Nur A., 2020, Penelitian Peningkatan Kepastian dan Perlindungan Hukum Hak Tanah dan Ruang, Puslitbang ATR/BPN Press, Bogor.

Zainuddin Ali, 2016, Metode Penelitian Hukum, Sinar Grafika, Jakarta.

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Published

2023-08-27

Issue

Vol. 7 No. 2 (2023): HERMENEUTIKA : JURNAL ILMU HUKUM

Section

Artikel

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