Blocking of Certificates of Land Rights in Dispute for the Order of Land Administration at the Land Office of Padang Pariaman District

Abstract

Land is a gift from God Almighty to humans, human interests in land also increase from the growth of human population, no wonder if the interests of every human being in land can cause a conflict of interest over the use, ownership and control of land, Indonesia itself regulates land provisions through law -Law Number 5 of 1960. The existence of this LoGA is the main provision of the use and regulation of land in Indonesia, in addition to regulating land management an agency known as the National Land Agency is formed, this agency is given the authority to regulate and manage services for the implementation of every land affairs, one of which is for land registration activities. Land registration activities are aimed at providing legal certainty and protection for every holder of land rights with the final result being the issuance of a certificate. However, this publication often creates a problem that results in the interests of other parties in the land being disturbed, resulting in the act of recording blocking of a certificate. This blocking activity is accommodated by the Regulation of the Minister of Agrarian Affairs Number 13 of 2017. The purpose of this study is to determine whether the process of blocking land rights certificates has been able to create an orderly land administration and whether it can provide legal protection to land rights holders. The method of this research is empirical juridical, namely the juridical approach that is meant is that the law is seen as a norm or das sollen, because in carrying out discussions on blockers of land rights certificates and efforts to bring order to the Land Administration in dispute at the Land Office of Padang Pariaman Regency. especially in accordance with the provisions of existing laws and regulations. Based on the results of the research found in Kantah Kab.Padang Pariaman, the blocking of the certificate itself was due to a conflict of interest over land, especially on land that was jointly controlled, as well as on land whose inheritance distribution had not been completed. there is no unilateral transfer of rights so that it can protect other rights holders so that legal certainty in agrarian affairs and legal protection can be implemented. However, as for the weaknesses that occur in the services carried out by the official party, where in the electronic implementation through the KKP web the implementation of the service has not been carried out automatically, where if the application for blocking removal is not made, the holder of land rights cannot carry out legal actions or events on their land after blocking period is over.