Legal Protection for Buyers Against Cancellation of The Certificate of Land Rights Due to Administrative Defects
Abstract
The purpose of this research is to analyze the position of land rights certificates which were canceled by BPN due to administrative defects related to the status of land rights and legal protection for buyer. This research makes use of a normative juridical approach as its methodology. In this research, it is stated that Land Rights established on Management Rights and then transferred to third parties/buyers without permission from the Management Rights holder can be categorized as genuine but fake certificates (asphalt), so that such certificates are declared administratively defective and must be cancelled. Regarding protection for buyers whose certificates are later cancelled, legal protection can be implemented repressively, namely by the buyer getting compensation for the canceled certificate which should be the buyer's right.
References
Adrian Sutedi, “Legal Strength of Validity of Certificates as Proof of Land Rights: In Analysis of Cancellation of Land Rights Registration”, Jakarta:Cipta Jaya, 2006.
Boedi Harsono, “Indonesian Agrarian Law: History of the Formation of Basic Agrarian Laws, Content and Implementation”, Jakarta: Djangkat, 2008.
Fina Ayu Safitri, (et.al), “Legal Consequences of Using a Negative Publication System with Positive Elements in Land Registration in the City of Semarang”, Notarius, Volume 13 Number 2, 2020.
Khairina, “Legal Defect Certificate in Land Law in Indonesia”, Juris, Volume 13, Number 1, 2014
Made Ari Putra Sudana and Ketut Wetan Sastrawan, “Process of Cancellation of Land Ownership Certificates and Legal Protection Based on Court Decisions at the Singaraja District Court”, Legal Journal, Vol.5, No.2, 2017.
Mhd, Yamin Lubis and Abd. Rahim Lubis, Land Registration Law, Bandung: Mandar Maju, 2012.
Mukti Fajar and Yulianto Achmad, Dualism of Legal Research: Normative & Empirical , Yogyakarta: Student Library, 2010.
Ni Made Silvia Gayatri (et.al), “Cancellation of Land Ownership Certificate Due to Administrative Defects”, Legal Analogy Journal , Volume 3 Number 1, 2021.
Ningrum Ambarsari and Noor Aziza, “The Urgency of Registration on Uncertified Land”, Al'adl , Volume X Number 1, 2019.
Rusmadi Murrad, “Land Administration Implementation in Practice”, Mandar Maju : Jakarta 1997.
_____, “Settlement of Legal Disputes Over Land”, Bandung: Alumni, 1991.
Satjipto Rahardjo, “Legal Studies”, Bandung: Citra Aditya Bakti, 2000 .
Soerjono Soekanto, “Introduction to Legal Research”, Jakarta: UI Press, 1986.
Urip Santoso, “Registration and Transfer of Land Rights”, Jakarta: Kencana, 2011.
Zainudin Ali, “Legal Research Methods”, Jakarta : Sinar Graphics, 2011.
Copyright (c) 2024 Moch Januar Ramadani, Yani Pujiwati, Yenni Yunithawati Rukmana
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.