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Case Study of Administrative High Court Decision for Legal Protection for Land Right Holders In The Event Of Multiple Certificates

The phenomenon that exists in Indonesia Regarding the "double certificate" case, causing a civil dispute between
the parties, to prove the guarantee of legal certainty over the land is resolved through the judiciary.The formulation
of the research problem is based on what factors led to the issuance of dual certificates of land rights? and how is
the legal protection for the holders of land rights? The research on this case is an empirical juridical law research
with descriptive analysis method. Sources of research data come from interviews and documentation as well as
literature study data. Data collection techniques using interviews and documentation. The research results that
have been collected are then analyzed qualitatively. The resultsof this study are that the existence of multiple
certificates is caused by (a) factors from the land office in the form of being not careful and not careful in
conducting an investigation of the history of land parcels and mapping the boundaries of land ownership in the
context of issuing the certificate of disputed objects and theLand Office does not conduct research or see image of
the map of the land registration owned. (b) Factors from the Owner/Holder of Land Rights, namely the land owners
do not provide boundaries for the parcels ofland they control as regulated in PP RI No. 24 of 1997 Article 17
paragraph (3), giving rise to cases of overlapping land tenure/double certificates. (2) Legal protection for rights
holders as stipulated in Government Regulation Number 24 of 1997, and Article 19 paragraph (2) letter c, 23
paragraph (2), Article32 paragraph (2) and Article 38 paragraph (2) UUPA, that the letters of proof of rights apply
as a strong means of proof. Second, the holders of land rights that are the object of dispute do not get legal
protection after thedecision to revoke the land certificate because it adheres to a publication system in land
registration, namelya negative (not absolute) publication system that contains positive elements. Suggestions for
this research are Land Office officials should be more thorough, careful and thorough, especially when
measuring and mapping.
Key Word: Legal Protection, Land Rights and Dual Certificates

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Detail Information
Series Title
Case Study of Administrative High Court Decision for Legal Protection for Land Right Holders In The Event Of Multiple Certificates
Call Number
Hukum
Publisher
: IOSR Journal Of Humanities And Social Science (IOSR-JHSS).,
Collation
9-14
Language
English
ISBN/ISSN
2279-0837
Classification
Hukum
Content Type
-
Media Type
-
Carrier Type
-
Edition
Vol. 28 No. 4
Subject(s)
Case Study of Administrative High Court Decision f
Specific Detail Info
-
Statement of Responsibility
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