Ni Nengah Sugihartini, H. M. Arba, H. M. Galang Asmara

Abstract:

The purpose of this study is to know and analyze the arrangement of replacement and cancellation of land title certificate based on positive law, the legal effect for the parties from cancellation of replacement certificate by PTUN pursuant to PTUN Decision No.16/G/2011/PTUN.MTR. and to find out the legal procedures for the issuance of new land title certificates after the verdict of cancellation of the rights on the old certificate by the Administrative Court. This research used the investigation of the normative. Legal research by using the statute approach, conceptual approach, and case study. Based on the result of the research: (1) The replacement of the certificate is Government Regulation Number 24 of 1997 concerning Land Registration and The Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 3 of 1997 concerning Provisions on the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. The cancellation of land title certificate is the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 9 of 1999 and the regulated based on the Regulation of the Minister of Agrarian Affairs and Spatial / Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 on the Settlement of Land Cases; (2) The legal consequences for the parties in the cancellation of a replacement certificate under the decision of PTUN No.16/G/2011/PTUN.MTR. which has obtained a permanent legal force is that the Substitute Land title certificates issued by the National Land Agency are canceled and annihilated; (3) Procedures for the issuance of new land title certificates after the verdict of the cancellation of the right on the old certificate by the Administrative Court shall be made by applying for the cancellation of the land title certificate to the National Land Agency after the land title certificate has been declared canceled and then issuance of the new land title certificate.

Keywords: decisions, cancellations, certificates, substitutes

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