L. Safari Ayunan, Anang Husni, Kaharuddin

Abstract:

The purpose of this research is to analyse the basis of legal considerations of the judges in the decision Number 01/B/2013/PT.TUN.SBY in the cancellation of the Licensed Replacement Property Number 49/2011 and to analyse the legal procedure in cancelling the surrogate Certificate under applicable regulations.

The type of research used by the authors is normative research. Normative legal research is a legal research that lays law as a norm system building. The system of norms is about the principles, norms, and rules of legislation, court decisions, agreements and doctrines (teachings). Using approaches: Statutory Approach, Case Approach, and Conceptual Approach.

The result of the research that Judge Consideration On decision Number 01/B/2013/PT.TUN.SBY Hakim in this ruling gives consideration that judex facti decision/ Surabaya High Administrative Court which strengthen Judex Facti decision/Mataram Administrative Court has appropriately considered judex facti decision in consideration of judges of Administrative Court of Mataram that the issuance of a substitute certificate on behalf of Mr. Nurhaeni defect law and administration for not getting the land in good faith because on behalf of Mr. Nurhaeni is not the heir of the real owner. And the procedure for cancellation of Land title certificate or land title certificate is the cancellation of land rights due to the defect of administrative law pursuant to Article 107 Nominal number 9 of 1999 and the cancellation of land rights because the court decision which has obtained legal force is still issued upon the request of interest, where the application is submitted directly to the Minister or Head of Regional Office or through the Land Office.

Keywords:  Land Rights, Cancellation of Certificates

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