Open AccessPerlindungan Hukum Bagi Pemegang Hak Atas Tanah terhadap Penerbitan Sertipikat Ganda (Studi Putusan Pengadilan Negeri Banjarbaru Nomor 26/Pdt.Eks/2009/PN. Bjb)
Author(s) -
Gita Alyosha Putu Wikasulanda
Publication year - 2017
Publication title -
lambung mangkurat law journal
Language(s) - English
Resource type - Journals
eISSN - 2502-3128
pISSN - 2502-3136
DOI - 10.32801/lamlaj.v2i2.46
Subject(s) - certificate , obligation , normative , law , political science , business , mathematics , algorithm
The aims of this research are to study, comprehend, and analyze thematters which cause the issuance of double certificates by National Land Agency(Badan Pertanahan Nasional-BPN) of Banjarbaru Municipality and the legal protectionto the holder of the land right who is known to face the event of doublecertificates. This reseach is normative legal reseach and the type of the research isvague norm as stipulated in Article 1 figure 20 of Government Regulation Number24 of 1997 concerning Basic Agrarian Regulations (UUPA). Based on the results ofthe research it can be concluded that the matters which cause the issuance of doublecertificates by BPN of Banjarbaru Municipality is because the BPN is negligent andhas made mistake in performing its obligation and authority sipulated in Article 19paragraph (1) of UUPA and Article 3 and 20 of Government Regulation Number 10of 2006 concerning BPN, namely the obligation and authority to perform nationalpolicy to conduct the formulation of national policy in land sector. Legal protectionto the holder of land right who experiences the issuance of double certificates regulatedin Article 19 paragraph (2) letter c of UUPA and Article 1 figure 20 of GovernmentRegulation Number 24 of 1997 concerning Land Registration which certifiesthat the certificate of land right ownership possessed by the holder of land right inrelation to the issuance of double certificate is legal because the said certificate isissued by the competent and legal institution in this matter BPN.