Contrarius Actus Principle as BPN's Basis in Settlement of Dual Certificate Disputes (Case Study of Maluku BPN Dispute No. Reg. Case: 02/SKP/2018)

Abstract

The writing of this study aims to examine and analyze the role of BPN in resolving dual certificate disputes using the Contrarius Actus Principle (case study of BPN Maluku Dispute No. Reg. Case: 02/SKP/2018). This research is an empirical legal research, using a sociological approach. Based on the results of the study, it can be concluded as follows: The resolution of the dual certificate dispute No. Reg. Case: 02/SKP/2018 by the Maluku BPN is based on the Contrarius Actus principle, so that the recommendation from the Maluku BPN states that in the context of orderly land administration the existence of a Property Rights Certificate Number 893/Tawiri on behalf of Simon Sipasulta as the last owner overlapping on the land of Ownership Certificate Number. 346/Tawiri on behalf of Marthen Hentiana is deemed necessary to be immediately canceled in accordance with the mechanism as stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of BPN RI Number. 11 of 2016 concerning Settlement of Land Cases.