Land Registration_Student Assignment_Lecturer Ricco Survival Yubaidi (6).pdf

1. 20410603 - Muhammad Firlian Afghan Gibrand
Land
Registration's
Dispute in
Makassar

2. Table of
Contents
Introduction
Definition, Regulation, and Dispute on Land Registration The Resume from Discussion
Conclussion
Dispute on Land Registration, Factors Leading
to the Land Registration's Dispute, Case of
Land Registration Dispute, Legal Consequences
of Dual Certificates on Land Rights, The party
responsible for the loss of the losing party if it
is resolved through the State Court and/or the
State Administrative Court, and
Recommendation.
Discussion

3. Introduction
Land law must be in line with the constitution in force in our country Article 33 (3) of the 1945 Constitution, affirms that:
"Earth, water and natural resources contained therein, whose control is assigned to the State of the Republic of
Indonesia, must be used for the greatest prosperity of the people.”
The basis of national land law with the mechanism of control by the state is then further elaborated in articles 1, 2, and 3
of Law no. 5 /1960 concerning Basic of Agrarian Principles (UUPA). The procedures that can be used to obtain land with
the status of Land Rights include through, transfer of rights (sales and purchases, exchange grants, exchange). Every
land right obtained through the application for rights must be registered at the Land Agency Office (BPN) in each
Regency.
To obtain legal certainty and certainty of land rights, the community needs to register land to obtain land rights
certificates which function as a strong means of proof of ownership of land rights. Certificates of land rights apply as
strong evidence as confirmed in Article 19 paragraph (2) letter c of the BAL and Article 32 paragraph (1) of Government
Regulation No. 10/1961 on land registration, which has now been revoked and reaffirmed in this Regulation. Government
No. 24/1997.
In everyday life, land certificates often become disputes. This arises because the land has a very important function in
people's lives, which makes people try to acquire land in various ways, even by taking other people's land. Many people
try to obtain proof of land ownership by having fake certificates, genuine but fake, or multiple certificates where the data
in the certificate does not match what is in the land book.
Definition, Regulations, and Dispute on Land Registration.

4. Dispute on Land Registration
Land conflicts are regulated in the Penal Code, namely land conflicts (delict) which are regulated in several articles scattered in the Penal Code
(KUHP).
Land conflicts that are regulated outside the Penal Code, namely land conflicts (delict) specifically related to land laws and regulations outside
the Penal Code.
Physical data disputes, namely disputes involving information regarding the location, boundaries, and area of the registered land parcel,
including information regarding the existence of a building or part of the building above it. The types of disputes that fall into this category are:
Boundary disputes, namely concerning the occurrence of errors in measuring the boundaries of land parcels caused by the absence of an
agreement between the land owner concerned and the adjacent land owner.
A compensation Dispute involves an agreement on the amount of compensation and the procedure for payment.
Juridical data disputes, namely disputes concerning the information regarding the legal status of registered land parcels and flats. Disputes that
fall into this category are:
Inheritance disputes, namely disputes regarding who is entitled to the inheritance land left by the testator based on applicable regulations.
Disputes on Land Tenure Regulations, namely disputes concerning land owners who do not comply with the provisions, for example
,absentee land ownership and land ownership exceeding the maximum limit.
Dual Certificate Dispute, which occurs due to falsification of the right to obtain a certificate on land by an irresponsible person.
Conflict according to the legal understanding is a difference of opinion, disagreement, or dispute between two parties regarding rights and
obligations at the same time and under circumstances. Conflict according to the legal understanding is a difference of opinion, disagreement, or
dispute between two parties regarding rights and obligations at the same time and under circumstances. According to A. Hamzah, land conflicts are
termed offenses in the land sector, which can be broadly divided into two parts which include:
1.
2.
Government Regulation no. 24/1997 concerning Land Registration, regulates activities covering the collection, processing, and presentation of
physical and juridical data, as well as disputes that occur. In this activity, there are 2 (two) types of problems/disputes that will occur, namely:
1.
a.
b.
2.
a.
b.
c.

5. Discussion
The fault of the land owner himself who did not pay attention to his land and did not use it properly so that it was
taken over by someone else and then used because he felt that the land had no owner or no owner. Because he feels
that he has controlled the land for a long time, the person then claims that the land is his and issues a certificate on
the land without knowing that there is already a certificate on the land, or when measurements or research in the field
are carried out, the applicant intentionally or unintentionally indicates the location of the land. wrong land and land
boundaries, as well as the intentional existence of land owners to re-register certificates that actually already exist by
taking advantage of the weaknesses of the National Land Agency.
The National Land Agency because there is no database on land parcels, both registered and unregistered. Lands
registered with the Land Office should be recorded and written off on registration maps so that if the land is
registered again, it can be seen whether the land has been certified or not.
Local government factors, kelurahan, or villages that do not have data on lands that have been certified and already
have control or data that is not valid. If there are people who ask to make a land tenure certificate which is then
issued, then suddenly because there are people with bad intentions who come claiming to own the land and want to
make a land tenure certificate.
Most of the Dual Certificates Dispute are caused by:
1.
2.
3.
Factors Leading to the Land Registration Dispute.

6. Case of Double Certificate of Land in the State Administrative Court of Makassar, Court Decision no.:
35/G.TUN/2005/P.TUN.Mks
The main issues and things that are recognized or the arguments that are not denied.
There is a juridical analysis of all aspects concerning all facts/things that are proven in the trial.
There are judges' considerations in a juridical manner with a starting point on the opinions of doctrines, evidence and jurisprudence.
The existence of all parts of the Plaintiff's petitum must be considered or tried one by one so that the judge can draw conclusions about whether it
is proven or not and whether or not the claim can be granted in the decision.
In practice, the settlement of land disputes is not only carried out by the National Land Agency but can also be resolved by the General Courts and
State Administrative Courts. Nowadays, most land disputes in this case dual certificates can be resolved directly by the parties through deliberation
conducted outside the court with or without a mediator, where the mediator is usually from parties who have influence, for example the village
head/lurah, customary leader and of course the National Land Agency. Furthermore, the dispute resolution through the judiciary, for example the
dispute over the dual certificates, namely through the State Administrative Court.
The process of resolving the dual certificate dispute at the Makassar State Administrative Court is the same as the other lawsuit settlement process
where the aspects that influence the judge determine the choice of action in the resolution of a dual certificate dispute, namely in terms of evidence,
because facts and events as a case will be known by the judge from the evidence submitted by the parties to the dispute. When a lawsuit is granted, it
is sometimes accepted in its entirety or partially rejected.
Judge's consideration which is one of the most important aspects in determining the realization of the value of a judge's decision that contains justice
and contains legal certainty, besides that it must also contain benefits for the parties concerned so that the judge's considerations must be handled
carefully, well and carefully. In essence, the judge's consideration should include the following matters:
1.
2.
3.
4.
However, sometimes the decision has not satisfied one party or even both parties. To provide legal protection to parties who are not satisfied with the
judge's decision, they can take further legal efforts.

7. The legal consequence of having a double certificate is that it does not provide legal certainty because the purpose of
someone doing land registration is to obtain a certificate as a perfect means of proof. But with the emergence of dual
certificates, creates legal uncertainty in terms of land registration. It is said to not provide legal certainty because there
are no two legal statuses on one land.
The next impact is loss, meaning that someone expects to get legal status on their land but because of the existence of a
double certificate and then declared defeated in the trial with the consequence that the certificate is declared void, the
person automatically suffers a loss because what about the land registration process costs money, especially if the land is
large and it is most likely that on the land a business or a place to earn a living will be built. Not to mention the court fees
that must be paid by the Defendant as the losing party in the trial. In addition, it is said to cause losses because the land
in litigation will be very difficult to sell and even if it is possible the selling price of the land will be low, especially
considering that in the previous case the Plaintiff intended to sell the land but from the results of the re-measurement of
the location, the Plaintiff was surprised that it was based on the news. In the event, it is known that on the land owned by
the Plaintiff there are certificates from other people.
Legal Consequences of Dual Certificates on Land Rights

8. The party responsible for the loss of the losing party if it is resolved through the State Court, and or the
State Administrative Court
The occurrence of a land dispute between two parties, if it can be resolved amicably and the National Land Agency as a mediator, then
this kind of settlement can certainly satisfy both parties. If the settlement must go through legal channels in accordance with
applicable provisions, it can be ascertained that the parties require additional costs, especially using the services of legal advisors, the
costs required are sometimes beyond the ability of the service user, while the expected results are not always in their favor.
The decision of the Panel of Judges, both the Panel of Judges of the District Court, and the Panel of Judges of the State Administrative
Court which has the authority to cancel the decision of a state official in this case canceling one of the certificates of property rights, it
is impossible to win both parties, one of them must lose and the losing party feels has been harmed, although there are still legal
remedies that can be taken, the loser still feels aggrieved. What if this loss is due to negligence, inaccuracy and/or because the
measurement officer does not heed the provisions that apply in the measurement process.
If the loss of the losing party is caused by negligence, inaccuracy and or intentionality on the part of the National Land Agency, then
the one who is morally and materially responsible is the National Land Agency itself. The application for compensation can be
submitted by filing a lawsuit through the local District Court.

9. Recommendation
Pay attention first to the factors that cause the emergence of dual certificates, where these factors must be corrected, for
example in land registration, before being processed or measured, a check must be made on the land registration map to
find out whether the plot of land has been registered (certified) or not yet in the National Land Agency.
Be more careful and thorough when buying land. After the sale and purchase of land, it is best to try to change the name
by registering it with the local land office. Failure to take care of the name transfer will indeed increase the chances of
someone else claiming a letter or land certificate in the future.
The orderly land law should be implemented properly. Because until now there is still a lot of land tenure without going
through a predetermined procedure, buying land with absolute power, controlling land without legal rights and so on. All
of these still indicate the occurrence of land tenure and the transfer of land rights that are not in accordance with the
provisions of the applicable legislation, thus bringing negative consequences that can cause losses to other parties and
become a source of dispute.
Try to use the land we have. If it is not for living, then make sure it is used for other needs or at least protected in the form
of a perimeter fence.
1.
2.
3.
4.
Prevent the risk of dual certificate disputes

10. Conclussion
There are many factors that can cause double certificates to occur, but most of the things that often cause double certificates are: The fault of the
land owner himself who does not pay attention to his land and does not use it properly so that it is taken over by someone else. Or because of the
carelessness of the Land Office Officials in issuing land certificates, besides that there are still people who act for personal gain so that they act
deviantly in the sense of not carrying out their duties and responsibilities. Then the factor of the local government, kelurahan or village that does
not have data on lands that have been certified and already have control or invalid data.
The form of settlement of the Dual Certificate of Land Rights can be carried out directly by the parties by deliberation or mediation carried out
outside the court with or without a mediator. If a settlement is also not reached, you are welcome to file a lawsuit through the State Administrative
Court. Where the aspect that influences the judge to determine the choice of action in the settlement of a dual certificate dispute is in terms of the
evidence.
Legal consequences with the existence of Dual Certificates of Land Rights are: Causing legal uncertainty because there is more than one legal
status in one plot of land, Losses for both parties to the dispute, especially for those who are declared defeated in the trial and Cancellation or
revocation of certificates based on the Decision of the Administrative Court A state that has permanent legal force (inkracht van gewijsde)
1.
2.
3.