Legal Security Of Land Ownership By The System Law In Indonesia And Judicia Practice

Abstract

Cases of land title certificates issued by the National Land Agency are still officially available in several regions in Indonesia. A certificate of ownership is a guarantee to provide legal certainty and protection to the holder of a right to a plot of land so that the party who proves is the true owner of the parcel of land. In this study, having proof of land ownership in the form of a Certificate of Ownership over land does not guarantee legal certainty for landowners. This study aims to determine the legal certainty of ownership of certificates of land rights based on several applicable laws and regulations, and based on the decision of the Medan District Court Number 784/Pdt.G/2019/PNMdn; Pekanbaru District Court decision Number 178/Pdt.G/2021/PNPbr; and Jambi District Court decision Number 40/Pdt.G/2021/PNJmb. The results of this study are that legal certainty of ownership of land rights according to the legal system in Indonesia does not provide absolute certainty of rights because even if someone already has a letter as proof of land ownership, other parties can still sue the owner of the land.