Accountability of the national land agency for the issuance of an overlapping certificate of land rights

Abstract

The National Land Agency (BPN) as the agency in charge of land registration has an important role in preventing overlapping certificates. However, if there is an overlapping of certificates, BPN can only be a consultant and witness who is being questioned until the overlapping certificates can be issued. The purpose of this research is to find out the legal protection of ownership of land rights against the emergence of overlapping certificates. The research method used is empirical legal research. The analysis used is descriptive analysis, namely the data that has been collected is processed for the formulation of research conclusions. Then the research data were analyzed in depth. The results show that the legal protection of ownership of land rights against overlapping certificates is that the owner of the certificate can file a lawsuit because of the existence of the same certificate in the same field and provide evidence in court for the disputing parties. The authority of BPN is to carry out land administration activities starting from land collection to the issuance of certificates. In addition, BPN also acts as a mediator or witness when there is a certificate overlapping dispute because BPN only issues 3 certificates after the data is completely valid. BPN will wait for the far a court decision which has permanent legal force (inkrah) to subsequently cancel the issuance of the disputed certificate in court.