Implications of Ownership Certificates that Overlap with Business Use Rights Certificates

Abstract

ABSTRACT Land title certificates are a form of legal certainty provided by the state to its people in relation to land ownership, but legal issues are still common regarding these land title certificates, such as overlapping with other land title certificates and frequent overlaps. with a usufructuary certificate. So that the purpose of this research is to analyze how the position of certificates of ownership rights overlaps with certificates of cultivation rights and how is the legal protection for the ownership of certificates of ownership rights which overlaps with certificates of cultivation rights. The method used in this research is a normative research method. The results of this analysis are that first, the position of ownership certificates with overlapping usufructuary rights means that there is no power and does not provide legal certainty, because the purpose of someone carrying out land registration is to obtain a certificate as a perfect means of proof. Second, the government provides preventive legal protection where before issuing a State Administrative Decree, in this case, the National Land Agency will issue various kinds of announcements intended to give the public the widest possible freedom of information. So that the National Land Agency must be more careful and more selective in carrying out land registration for land rights that will carry out registration and for the community so that they can optimize the use of land owned so that it is not used by other irresponsible parties.