Open AccessCancellation of Land Ownership Certificate by the State Administrative Court Reviewed from the State Administrative Justice Law
Author(s) -
Nurul Fitrah Muzakkir,
Yanis Rinaldi,
Adwani Adwani
Publication year - 2021
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v8i4.2624
Subject(s) - law , lawsuit , certificate , plaintiff , settlement (finance) , political science , business , waiver , public administration , finance , algorithm , computer science , payment
Based on Article 32 paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration states, in the event that a land area has been issued a certificate legally and on behalf of a person or legal entity who acquires the land in good faith and expressly controls it, then the other party who feels that it has the right to the land, can no longer demand the exercise of the right if within a period of 5 years from the issuance of the certificate does not object in writing to the holder of the certificate or the Head of the Land Office concerned or does not file a lawsuit to the Court regarding the mastery or issuance of the certificate. Legal problems arise that a certificate that has been issued a certificate for 5 years can not be sued in court on an validity basis. The results showed that the cancellation of land rights certificate by tun court based on The State Administrative Court Law, cancellation of land certificates by deliberation and other efforts and unilateral settlement by the National Land Agency (BPN) has been carried out, where the plaintiffs held a review of the State Administrative Decision that has been issued can not be received by the plaintiff or the disputing party. Prior to the ruling that has legal force it remains prohibited for the relevant State Administration officials to carry out mutations on the land in question, it is to avoid the occurrence of problems in the future that cause harm to the litigants and third parties.