Aulia Sekar Tiani, Rini Endang Susilowati, Dakum Dakum

PERLINDUNGAN HUKUM TERHADAP PEMILIKAN HAK ATAS TANAH DENGAN TERBITNYA SERTIFIKAT GANDA

Introduction

Perlindungan hukum terhadap pemilikan hak atas tanah dengan terbitnya sertifikat ganda. Analisis perlindungan hukum hak atas tanah di tengah terbitnya sertifikat ganda. Temukan penyebab kesalahan & solusi pemerintah untuk pendaftaran tanah yang lebih baik. Berdasarkan PP No. 24/1997.

Abstract

To protect and guarantee legal provisions, the government requires registration of land rights as regulated by Government Regulation No. 24 of 1997. The publication of two land certificates on a parcel of land can lead to a legal case such as in Magelang City. The approach used is a qualitative approach to legal protection of control and ownership of land rights, on the issuance of multiple certificates in one object of the same land, followed by qualitative descriptive analysis of primary data from notaries and document review. The results of this study are the factors that cause the occurrence of multiple land certificates, namely the mistake of the landowner, inaccuracy and lack of accuracy of land officers when conducting examinations and studies of the proposed land. Legal protection that can be done by the government to prevent the issuance of multiple certificates involves synchronization and completeness of legal products, as well as increased integrity in land registration.

Review

This paper addresses a highly pertinent issue in land administration and property law: the legal protection afforded to land rights holders in the face of multiple certificates for the same parcel of land. The study's focus on the causes and preventative measures for such occurrences, as exemplified by a case in Magelang City, is commendable given the significant legal and socio-economic implications of land disputes arising from dual certification. The application of a qualitative approach, combining primary data from notaries with document review, provides a suitable methodological framework for exploring the complexities of this problem and gathering nuanced insights into the practical challenges faced by stakeholders. The research effectively identifies key factors contributing to the issuance of multiple land certificates. Attributing causes to both landowner error and, critically, the inaccuracy and lack of diligence by land officers during examination and study phases, offers a balanced perspective on systemic and individual failings. Furthermore, the proposed solutions—synchronization and completeness of legal products, alongside increased integrity in land registration—are practical and directly actionable by the government. These findings are valuable, providing a clear roadmap for policymakers and land registration authorities seeking to enhance the security and reliability of land ownership records and prevent future occurrences of certificate duplication. While the abstract clearly outlines the problem, methodology, and key findings, a full paper would benefit from elaborating on certain aspects. Specifically, the "legal protection" for the *owner* once a dual certificate has been issued could be explored in greater depth, moving beyond mere prevention to discuss remedies and resolution mechanisms available to the affected party. Furthermore, a more detailed explanation of the qualitative descriptive analysis, including the specific nature of primary data collected from notaries (e.g., case studies, opinions, statistical insights from their practice), would enhance the transparency and robustness of the methodology. Expanding on the implications of the Magelang City case, perhaps as a detailed illustration of the identified factors and the need for the proposed solutions, would also add significant value.

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