Cancellation of Land Certificate Based on The Court Decision in Indonesian Legal System

Panji Utama Silva, Rene Descartes, Debby Dwita Sari Daulay

Abstract


Judge's decision has many benefits in achieving legal certainty, including in the case of the cancellation of certificate of ownership, but for the cancellation of the certificate must be canceled through the Land Office, because legally formally the cancellation is not enough with a court decision only, based on the Regulation of the National Land Agency Number 11 of 2016 concerning Settlement of Land Cases there are rules on how to revoke certificates of ownership based on court decisions that have permanent legal force. Object of research is how the to cancel the certificates of land based on court decisions that have permanent legal force, then the legal status of certificates of ownership rights that have not been canceled based on decisions that have permanent legal force. The cancellation certificates of land based on court decisions that have legal force must still be carried out based on the qualifications of Article 49 of Law Number 11 of 2016. The legal reason for refusing to cancel the certificate is to be qualified according to Article 49 paragraph 2 and Article 58 of Law Number 11 In 2016. The status of the certificate that has not been canceled, then legally formally it still belongs to the party listed on the certificate so that legally transferring rights can still be carried out on behalf of the parties listed on the certificate. The suggestion in this research is that the process of canceling the certificate is by requesting the determination of the court to cancel the certificate contained in the object of the case so that a formal juridical cancellation can be carried out at the Land Office based on Law No. 11 of 2016.


Keywords


Cancellation; Land Certificate; Court Decision

Full Text:

PDF

References


Achmad Ali, Revealing Legal Theory and Legal Theory (Judicial Prudence) including Interpretation of the Law (Legis Prudences), Kencana, Jakarta, 2009, page 31.

Adrian Sutedi, Certificate of Land Rights, Sinar Grafika, Second Printing, Jakarta 2012, page 43.

Ali Zainuddin Ali, Legal Research Methods, Sinar Grafika, Jakarta, 2009, page 78.

Boedi Harsono, Indonesian Agrarian Law, History of the Establishment of the Basic Agrarian Law and Its Implementation. Djambat, Jakarta, 1997, page 56.

Boedi Harsono, Indonesian Agrarian Law, History of the Establishment of the Basic Agrarian Law Content and Implementation, Djambat, Jakarta, 2008. page. 72.

Djenal Hoesno Koesomahatmadja, Principles of State Administration Law Volume 1, Alumni, Bandung, 2009, page 74.

Dominikus Rato, Philosophy of Law Finding and Understanding Law, Laksbang Presindo, Yogyakarta, 2010, page 98.

Eddy Ruchiyat, National Land Politics Until the New Order, Bandung, PT Alumni, 2006, page 51.

Muh. Ikhsan Saleh and Hamzah Halim, Politics of Land Law, Makassar, Pukap Indonesia, 2009, page 63.

Moh. Taufik Makarao, Principles of Judicial Power, PT Bineka Cipta, Jakarta, 2009, page 97.

Munir Fuady, Contemporary Sociology, Interaction of Power, and Society. Citra Aditya Bakti, Bandung, 2007, page 73.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1114

Refbacks

  • There are currently no refbacks.


Copyright (c) 2019 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
https://ijmmu.com
[email protected]
dx.doi.org/10.18415/ijmmu
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.