3. MEANING
INTRODUCTION
Government Regulation No 24 of 1997, Land registration is a series of
activities carried out by the Government continuously, continuously and
regularly, including the collection, processing, bookkeeping, and presentation
and maintenance of physical data and juridical data, in the form of maps
and lists, regarding land parcels. and apartment units, including the issuance
of proof of title for parcels of land that already have rights and ownership
rights to the apartment units as well as certain rights that encumber them.
4. PRINCIPLE
INTRODUCTION
According to article 2 of Government Regulation Number 24 of 1997 states
that: "Land registration is carried out based on;
1. simple principle,
2. safe,
3. affordable,
4. up-to-date and
5. open
5. PURPOSE
INTRODUCTION
The purpose of land registration is so that the owner gets land rights, besides that it also fulfills
the publiciteit principle so that land registration is known to the public, and the specialiteit
principle aims to know where the position of the land is located.
Land rights are proven by certificates of ownership of land rights which become authentic
evidence, to ensure legal certainty and protection for rights holders which refers to the
provisions of Article 32 Paragraph (1) PP 24 of 1997. The process of issuing the land certificate
is through a Notary/PPAT then forwarded to BPN so that a land certificate is made as
evidence that has strong evidentiary power. If there is an error or mistake in issuing the
certificate, then Government Regulation Number 24 of 1997 instructs and requires the official
of the National Land Agency to correct it.
6. LEGAL BASIS
Agrarian Law
UUPA
Land Registration
Law 24 of 1997
regarding amendments to the mayor's
regulation number 71 of 2011 concerning
systems and procedures for managing fees for
the acquisition of land and building rights
South Tangerang Mayor Regulation No. 22 of 2013
7. PT. Sapta Jaya Sarana, owner of land parcels with an area of approximately 20,011 (twenty thousand and eleven square meters)
in which there are 11 (eleven) SHGB with an area of approximately 12,481m2 with other land parcels based on PPJB with an area
of approximately 7530 m2 , located at Jl. Kencana Loka Raya No. 8, Sector 12. Bumi Serpong Damai/BSD CITY, RT: 002, RW:
002, Kel. Rawabuntu, Kec. Serpong, South Tangerang City. PT. Sapta Jaya Sarana as the land owner represented by Sukidjo
Tupang (Plaintiff) sued the Head of the South Tangerang City Land Office (Defendant) and Sahara Imanuddin (Defendant II
Intervention) through the State Administrative Court (PTUN) in case Number 36/G/2019/PTUN .SRG because the Defendant is
considered to have issued:
Cases
1. Certificate of Ownership/SHM No. 2,
ISSUANCE OF Certificate dated 6 June 1974, Situation Drawing, 6 June 1974, No. 1548, Area 1505 M2, (one thousand five
hundred and five square meters) on behalf of SAHARA IMANUDDIN, the following have been issued: Substitute Ownership
Certificate/SHM Substitute, No. 00002, Ds/Ex. Rawabuntu, Published, dated 12 August 2014, Letter of Measurement, dated 05
August 2014, No. 38/Rawabuntu/2014, Area: 1505 M2, (one thousand five hundred and five square meters), on behalf of
SAHARA IMANUDDIN, and:
8. Cases
2. Certificate of Ownership/SHM No. 3, ISSUANCE OF Certificate, dated 6 June 1974, Situation Drawing, 6 June 1974, No. 1549,
Area: 1,075 M2, (One thousand seventy-five square meters), in the name of SAHARA IMANUDDIN, the following have been
issued: Substitute Ownership Certificate/SHM Substitute No. 00003, Ds/Ex. Rawabuntu, Published, dated 12 August 2014,
Letter of Measurement, dated 05 August 2014, No. 39/Rawabuntu/2014, Area: 1,075 M2, (one thousand seventy-five square
meters), on behalf of SAHARA IMANUDDIN;
above the 11 SHBG parcels of land owned by the Plaintiff. The four certificates issued by the Defendant who became the object of
the a quo TUN dispute were proven to have NO reason for their rights, or no girik, no history of the plot of land, no certificate of
dispute and others as is customary for the issuance/issuance of land certificates in general as stipulated in the provisions. the
prevailing laws and regulations, namely Article 19 Paragraph (2) of Law no. 5 of 1960 concerning the LoGA.
9. The factors causing the emergence of multiple certificates in the same land object that
the author found after conducting a study, namely:
a. Public ignorance of
the latest information on changes in land registration regulation regulations greatly
influences the potential for multiple certificates to arise.
b. There was an error from the South Tangerang City Land Office in terms of collecting
and processing physical data in the form of measuring and mapping land objects
where the South Tangerang City Land Office was wrong in terms of measuring land
and determining the boundaries of land parcels.
c. The inaccuracy of Land Office officials in issuing land certificates, namely the
documents that are the basis for the issuance of certificates are not examined carefully
which may not meet the requirements as determined by the provisions of the
legislation.
d. Weak land administration system at BPN.
ANALYSIS
Cases of overlapping land ownership generally occur as a result of buying and selling events
or overlapping documents and evidence of land ownership certificates. Land issues like this
can trigger social unrest for the community because it creates ownership uncertainty as
well as legal uncertainty.
10. CONCLUSION
- NAMA PENULIS DI SINI
in south tangerang there is a lot of double certificate cases, this is due to the
factors that cause land certificates to overlap in the same land object, namely
public ignorance of information on changes in land registration regulations,
mistakes from the Land Office South Tangerang in processing and collecting
physical data on land objects, the inaccuracy of the South Tangerang Land
Office Officials in issuing/issuing land certificates, the weakness of the
administrative system at BPN and the domicile of one of the parties, namely
Defendant II Intervention who lives abroad.