IMPLEMENTASI PASAL 32 AYAT (2) PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PEMBATALAN SERTIPIKAT HAK ATAS TANAH DALAM PUTUSAN NOMOR 450 K/TUN/2013 jo. 83/B/2013/PT.TUN.SBY jo. 68/G/2012/PTUN.SBY
| Main Author: | Ridwan, Mohamad |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/39939/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/39939/2/BAB%20I.pdf http://eprints.umm.ac.id/39939/3/BAB%20II.pdf http://eprints.umm.ac.id/39939/4/BAB%20III.pdf http://eprints.umm.ac.id/39939/5/BAB%20IV.pdf http://eprints.umm.ac.id/39939/6/LAMPIRAN.pdf http://eprints.umm.ac.id/39939/ |
Daftar Isi:
- Certificate is a proof of land rights that consisting the copy of land registry and survey certificate, that covered, and bind into one, that the shape is defined by The Agrarian State Minister/Head of The National Land Agency as the strong evidence material. In publishing the certificate, the land dispute is often happening that causing the cancellation of one of the land rights certificate. As for the problem in this research is how the analysis of judge consideration in deciding the case number 68/G/2012/PTUN.SBY jo. 83/B/2013/PT.TUN.SBY jo. 450 K/TUN/2013 about the cancellation of land rights certificate reviewed from the principle of certainty and justice and how the consequences of the cancellation of land rights certificate in the decision number 68/G/2012/PTUN.SBY jo. 83/B/2013/PT.TUN.SBY jo. 450 K/TUN/2013 related to provision in the article 32 verse (2) government regulation number 24, 1997. This research using normative legal research as the approach, by studying and reviewing the legislation that applicable and competent to used as the basis of problem solving. The result of the research found that in the inkracht verdict number: 450/K/TUN/2013 Panel of Judges of Administrative Court of Surabaya in consider the law that in publication of Certificate of Right to Build Number 4937 on behalf of Madam Yuli Puspa (that derived from Certificate of Right to Build Number 2107 and Certificate of Ownership Number 5 on behalf of: Lindawati (that derived from Certificate of Right to Build Number 2106 on behalf of Lindawati by The Head of National Land Agency of Surabaya containing the faulty on law and/or against the governance general principles so the certificate must be cancelled. The consequences with the cancellation of the Certificate of Ownership in the verdict number: 450/K/TUN/2013 is not giving any law certainty, because the purpose of doing registration is get the certificate as the perfect proving material. However, with that cancellation causing law uncertainty in case of registering the land. Another consequence is certificate revocation. So, with that powerful verdict (inkracht van gewijsde) The National Land Agency in this case defendant as the responsible for publishing certificate for their fault or omission must revoke or cancel the certificate that declared invalid by The Administrative Court.