Baqqi Zabidi Rois, Dahniarti Hasana, Denny Suwondo, I. Maerani
{"title":"国家土地局在解决因证书重叠而引起的土地所有权纠纷中的角色和责任","authors":"Baqqi Zabidi Rois, Dahniarti Hasana, Denny Suwondo, I. Maerani","doi":"10.30659/sanlar.4.1.22-35","DOIUrl":null,"url":null,"abstract":"This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. The occurrence of overlapping land ownership as the cause of land disputes is absolutely the responsibility of the Head of the National Land Agency. So in the case of the overlapping certificate dispute in Cilacap Regency based on the decision Number: 28/G/2021/PTUN.SMG, BPN Cilacap must be responsible for implementing the court's decision by revoking the State Administrative Decision in the form of Property Rights Certificate (SHM) Number: 00898 / Karangpakis Village, BPN remains responsible for implementing the Administrative Court's decision on the cancellation of overlapping certificates, despite non-litigation efforts.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Roles & Responsibilities of National Land Agency in Efforts to Settle Land Ownership Disputes Due to Overlapping Certificates\",\"authors\":\"Baqqi Zabidi Rois, Dahniarti Hasana, Denny Suwondo, I. Maerani\",\"doi\":\"10.30659/sanlar.4.1.22-35\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. 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引用次数: 0
摘要
本研究旨在分析:1)其法律含义是存在重叠的土地证书。2)在解决土地证书重叠引起的土地权属纠纷中,土地机构的角色和责任。探讨这一研究问题所采用的研究方法是社会学法学方法。本研究采用描述性分析研究。这种类型的数据使用了主要和次要数据。本研究使用的数据分析方法是定性数据分析。研究结果表明:1)由Cilacap县国家土地局颁发的土地证书重叠且其中一张证书无效的法律影响。行政法律上的缺陷可能导致土地所有权证书无效。此外,土地证书的重叠也给土地证书带来了法律上的不确定性。根据国家行政法院第28/G/2021/PTUN.SMG号判决书,取消了《产权证》签发中存在的行政法律缺陷。2)在解决重叠土地权属纠纷中,中国土地代理机构的作用和职责是在适用法律法规的基础上,兼顾正义感,尊重各方的权利和义务,寻求解决土地纠纷的办法。BPN解决争议的最初步骤是审议/调解。除了寻求解决方案外,Cilacap摄政BPN还在尽量减少土地纠纷方面发挥作用。作为土地纠纷原因的土地所有权重叠问题的发生,绝对是国土厅厅长的责任。因此,根据第28/G/2021/PTUN号决定,在Cilacap摄政的重叠证书纠纷中。SMG, BPN Cilacap必须负责执行法院的决定,撤销国家行政决定的产权证书(SHM)编号:00898 / Karangpakis Village, BPN仍然负责执行行政法院关于取消重叠证书的决定,尽管没有诉讼努力。
Roles & Responsibilities of National Land Agency in Efforts to Settle Land Ownership Disputes Due to Overlapping Certificates
This study aims to analyze: 1) The juridical implication is the existence of overlapping land certificates issued by the Cilacap Regency National Land Agency. 2) The roles and responsibilities of the Land Agency of Cilacap Regency in efforts to resolve land ownership disputes caused by overlapping land certificates. The approach method used in discussing this research problem is a sociological juridical approach. The specification of the research used descriptive analytical research. This type of data used primary and secondary data. The data analysis method used in this research is qualitative data analysis. The results of the study concluded: 1) The juridical implications of overlapping land certificates issued by the National Land Agency of Cilacap Regency and in one of the certificates being invalid. There are administrative legal defects that can result in the invalidity of a land title certificate. In addition, overlapping land certificates also creates legal uncertainty for land certificates. The existence of administrative legal defects in the issuance of the Certificate of Ownership has been canceled based on the Decision of the State Administrative Court Number: 28/G/2021/PTUN.SMG. 2). The roles and responsibilities of the Cilacap Regency Land Agency in Efforts to Settle Land Ownership Disputes resulting from Overlapping Land Certificates is to seek solutions to land dispute resolutions based on applicable laws and regulations by taking into account a sense of justice and respecting the rights and obligations of each party. The initial steps in dispute resolution that the BPN takes are deliberation / mediation. In addition to seeking settlement solutions, the Cilacap Regency BPN also plays a role in minimizing land disputes. The occurrence of overlapping land ownership as the cause of land disputes is absolutely the responsibility of the Head of the National Land Agency. So in the case of the overlapping certificate dispute in Cilacap Regency based on the decision Number: 28/G/2021/PTUN.SMG, BPN Cilacap must be responsible for implementing the court's decision by revoking the State Administrative Decision in the form of Property Rights Certificate (SHM) Number: 00898 / Karangpakis Village, BPN remains responsible for implementing the Administrative Court's decision on the cancellation of overlapping certificates, despite non-litigation efforts.