Legal Protection for Holders of Ownership Right Certificates Against Non-Procedural Land Execution

The title of this study is “legal protection for land ownership right certificate holder according to Article 32 clause (2) Government Regulation Number 24 Year 1997”. There is a contradiction between the negative publication system which is adopted in Indonesian land registration system and the indefeasable title that is given after the certificate is published for more than five years according to Article 32 clause (2) Government Regulation Number 24 Year 1997 about Land Registration. Therefore some issues are occured, which is the legal certainty and legal protection of the land ownership right certificate holder after the five years period according to Article 32 clause (2) Government Regulation Number 24 Year 1997. The research method used in this study is normative legal research focusing on investigation of legislature as the primary legal material and supported with the legal doctrine as secondary legal material. The approaching methods used is legal concepts approach and statute approach. From the legal material research can be concluded that in normative basis the aim of article 32 clause (2) Government Regulation Number 24 year 1997 is to give a legal protection and legal certainty, but in the process the article is contradictory to the negative publication system and the clauses in the article itself is contradictory, therefore it does not give adequate legal protection and legal certainty for the holder of the land ownership right certificate after the five years period.

Legal certainty in land transactions is a fundamental principle of civil law systems. However, in practice, the misuse of authority by Land Deed Officials often creates legal defects that place ordinary buyers who act in good faith as the disadvantaged party. This study examines the legal protection of good faith buyers in Indonesia, focusing on a land dispute adjudicated in Decision No. 100/Pdt.G/2021/PN.Skt, strengthened by subsequent appellate and cassation rulings. This research employs a normative legal method (doctrinal legal research) with a statute approach (analyzing the Civil Code, the Criminal Code, PP No. 24/1997 on Land Registration, and PP No. 37/1998 on PPAT), a case approach (reviewing judicial decisions), and a conceptual approach (using the theories of Dworkin, Hart, and Rawls). Primary sources include court decisions and legislation, while secondary data derive from academic journals and books. Findings indicate that the court’s reasoning, which declared the sale and purchase null and void while categorizing the good faith buyer as committing an unlawful act, undermines substantive justice and erodes public trust in land registration. The novelty of this study lies in reframing the buyer not as a wrongdoer but as a legal consumer deserving protection under the principles of justice and rule of law. The study concludes that stronger supervisory mechanisms over PPAT and land registration authorities are required to ensure legal certainty and protect bona fide purchasers

Land that contains various elements, including natural resources, and whose surface can be used for buildings or agriculture often causes disputes. Therefore, to regulate land issues, the state has established a legal regulation called the Basic Agrarian Law. To provide legal certainty and as a follow-up to the provisions regarding land ownership through land rights, the UUPA also regulates the registration of land parcels, whereby the registering party will obtain a certificate as proof of legal and valid land ownership. The UUPA also regulates the government's obligation to carry out land registration throughout Indonesia as a form of legal certainty regarding land rights. Researchers will use normative legal research methods to answer the questions in this study. Normative legal research methods involve using legal principles and doctrines to answer the legal questions examined in this study. The answers are expected to produce a theory or concept that can be used as a guideline for problems encountered in the future. Cancellation of building rights certificate (SHGB) due to administrative defects result in the loss of legal validity of the rights that have been granted, because the process of issuing certificates is not carried out according to the procedure, using unauthorized documents, or without careful verification of juridical and physical data. In practice, a SHGB issued on a flawed legal basis would lose legitimacy and could be annulled through an administrative decision by the Minister of ATR/BPN or through a court ruling. This confirms that accuracy in the examination and validation of physical and juridical data is very important so as not to cause legal conflicts in the future. Thus, the cancellation of the SHGB not only cancels the right to land, but also serves as a reminder that the land administration system must be run with the principles of prudence, legality, and legal certainty.

Notaries, as public officials authorized to draft authentic deeds, hold an important position within the Indonesian legal system. However, in practice, notaries often encounter legal issues arising from the execution of their duties, whether in criminal, civil, or professional ethical contexts. This paper aims to analyze the regulation of legal protection for notaries in performing official duties to ensure legal certainty and justice and to propose normative reconstruction ideas aligned with the principles of legal certainty and justice. The research method employed is a normative approach, utilizing analyses of laws and regulations, legal doctrines, and case studies. The findings indicate that the Regulation of Legal Protection for Notaries in Performing Official Duties to Ensure Legal Certainty and Justice under Law Number 2 of 2014, amending Law Number 30 of 2004 concerning the Notary Position, remains partial and fails to provide comprehensive protection. Policy reconstruction is therefore necessary by strengthening legal protection norms that encompass aspects of office accountability, equitable supervision mechanisms, and limitations on law enforcement intervention. Consequently, enhanced legal protection for notaries will better guarantee legal certainty and justice for all parties and the wider community.

The data recorded and written in a certificate must be free from a typo or an error in the data collection on the land object in question, meaning that both physical data and juridical data of its existence can be guaranteed legal protection. Legal protection guarantees in land registration are that the owner of the certificate does not easily get interference or lawsuits from other parties, the certificate owner can defend his rights from interference or lawsuits from other parties. The purpose of this study To know Implementation of sporadic land registration for the first time on uncertified land at the Ciebon City Land Office and Application of the principle of safe sporadic implementation of land registration for the first time at the Cirebon City Land Office? The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty and Theory of Justice. The results of this study indicate that the first sporadic implementation of land registration can be submitted by the right holder or through proxies to the Land Office. Meanwhile, the method of the community in carrying out land registration is carried out sporadically. For people who carry out sporadic land registration, it can be done directly by the land owner or through the PPAT Office.The application of the safe and open principle at the Cirebon City Land Office is not in accordance with what was expected, where in the implementation of the principle of safety, the Land Office was not thorough and careful in processing the physical data files and juridical data of the applicant.

The data recorded and written in a certificate must be free from a typo or an error in the data collection on the land object in question, meaning that both physical data and juridical data of its existence can be guaranteed legal protection. Legal protection guarantees in land registration are that the owner of the certificate does not easily get interference or lawsuits from other parties, the certificate owner can defend his rights from interference or lawsuits from other parties. The purpose of this study To know Implementation of sporadic land registration for the first time on uncertified land at the Ciebon City Land Office and Application of the principle of safe sporadic implementation of land registration for the first time at the Cirebon City Land Office? The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty and Theory of Justice. The results of this study indicate that the first sporadic implementation of land registration can be submitted by the right holder or through proxies to the Land Office. Meanwhile, the method of the community in carrying out land registration is carried out sporadically. For people who carry out sporadic land registration, it can be done directly by the land owner or through the PPAT Office.The application of the safe and open principle at the Cirebon City Land Office is not in accordance with what was expected, where in the implementation of the principle of safety, the Land Office was not thorough and careful in processing the physical data files and juridical data of the applicant.

The data recorded and written in a certificate must be free from a typo or an error in the data collection on the land object in question, meaning that both physical data and juridical data of its existence can be guaranteed legal protection. Legal protection guarantees in land registration are that the owner of the certificate does not easily get interference or lawsuits from other parties, the certificate owner can defend his rights from interference or lawsuits from other parties The purpose of this study To know Implementation of sporadic land registration for the first time on uncertified land at the Ciebon City Land Office and Application of the principle of safe sporadic implementation of land registration for the first time at the Cirebon City Land Office? The method used in this research is sociological juridical method, the specification in this research is descriptive analytic, the data used are primary data and secondary data, using data collection by interview and literature study, qualitative data analysis, problems analyzed by theory, legal certainty. , and The Theory of Justice. The results of this study indicate that the first sporadic implementation of land registration can be submitted by the right holder or through proxies to the Land Office. Meanwhile, the method of the community in carrying out land registration is carried out sporadically. For people who carry out sporadic land registration, it can be done directly by the land owner or through the PPAT Office.The application of the safe and open principle at the Cirebon City Land Office is not in accordance with what was expected, where in the implementation of the principle of safety, the Land Office was not thorough and careful in processing the physical data files and juridical data of the applicant.

This research is related to the Basic Agrarian Law which regulates land rights including property rights by registering the rights to their land to obtain ownership rights intended for maintain legal certainty and legal protection for holders of property rights over land. For this reason, it is important to socialize the importance of registering uncertified land to become certified land for legal certainty and protection of holders of property rights on the land to avoid land problems in the community. For this reason legal certainty and protection are needed so that the status of land owned by the people is clear as well as all actions taken relating to the land such as transfer, inheritance, transfer of rights, revocation / exemption and abolition of the land rights. With the certificate, the government has a definite role to provide legal protection to the holders of property rights because the certified land has been registered at the landoffice and it becomes an obligation for the government to protect it. Keywords: Legal Certainty and Protection, Holders of Certificates of Ownership, Agrarian Basic Law.

The approach to buying and selling land rights that is most often used by PPAT has problems, especially the trading of land rights related to sales and purchases that have been completed with a sale and purchase deed, but the sale and purchase deed does not immediately appear again. for registration at the Land Association Office. This results in uncertainty regarding the position of land objects, so that problems arise for land buyers to seek legal protection and find ways to resolve this. The research focus in this thesis is: First, finding legal certainty for land buyers whose sale and purchase deeds are not registered at the land office. Second, exploring efforts to identify questions if there are land sellers and buyers whose sale and purchase deeds are not registered at the land office. This exploration regulates juridical examination. The methodology used is a legal methodology, which is used to analyze legal guidelines relating to halal guarantees for land buyers whose sale and purchase deeds are not registered at the land office; The conceptual approach used to examine the legal certainty regarding buyers of land whose sale and purchase is not considered in the legal office, as well as the case approach for establishing legal restrictions in order to investigate the legal issues in this research. The results of the first thesis research, legal certainty regarding land buyers whose sale and purchase deeds are not registered with the land office is not valid according to law, because the buyer who carries out the sale and purchase does not become the owner until his position is large enough as long as he is proven to be the owner in the case of an exchange of privileges to him. the territory has been registered at the Land Office. Secondly, the effort to resolve disputes between sellers and buyers of land whose sale and purchase deeds have not been registered at the land office is, to obtain legal certainty, the buyer requests validation by making a lawsuit to the District Court, so that this agreement can then be used as reason for registering the exchange of land rights with the nearest Land Office, thereby providing legal certainty to the injured party as the land owner. The process, then the parties make a deed of sale and purchase to PPAT based on proof of sale and purchase receipts and the results of the ratification decision from the District Court to also be used as a condition for registering the exchange of land rights based on the will from the seller to the buyer, and in the future there is a need for legal reform prospects. to handle the problem. Considering the consequences of this inspection, there are several ideas given, specifically: First, it is necessary to add new rules or articles in PP Number 18 of 2021 which regulate the maintenance and updating of data after land registration, because in PP Number 18 of 2021 it only explains the meaning of Land Registration only in the General Definition in point number 9. Second, there needs to be increased preventive action that must be carried out by the PPAT before accepting applications for making land deeds by the parties, by applying precision and accuracy in reading the files submitted by the parties. The buyer is advised to be more careful, careful and understand more about the procedures for buying and selling land as stipulated in Government Regulation Number 18 of 2021 and to immediately change the name or register the rights at the local land office. This is so that land disputes do not occur in the future and it is detrimental for the buyer to obtain legal certainty.

Legal protection for land rights certificate holders is a crucial aspect in realizing legal certainty in the agrarian sector. Land certificates, which are supposed to be the strongest evidence of ownership, still often face challenges in the form of claims from third parties that do not have a legal basis, such as oral inheritance claims, physical possession without certificates, or unrecorded customary recognition. This study aims to analyze the effectiveness of legal protection for land certificate holders in dealing with these claims. The method used is normative juridical with a case study approach, which examines national regulations such as the Law no. 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation No. 24 of 1997 concerning Land Registration as well as a number of court decisions, including cases involving unilateral cancellation of certificates. The results of the study show that although legal norms have provided strong protection through the principle of legality and the principle of legal certainty, in practice there are still gaps such as weak integration of land data, administrative inconsistency, and low public legal literacy. In addition, judicial practices are also not completely consistent in deciding land cases. Therefore, legal protection for land certificate holders has not been fully effective. It is necessary to strengthen the administrative system, strict law enforcement against claims without legal basis, and increase public understanding of the importance of formal legality in land transactions and ownership. With this step, it is hoped that Indonesia's land system will be able to provide substantive protection and prevent future agrarian disputes.

This research aims to analyse the form of legal protection given to civil servants over the cancellation of the dishonourable dismissal (PTDH) beschikking in a state administrative court decision. PTDH is often an important issue in the context of personnel administration, given its significant impact on the career and administrative rights of civil servants. This research uses normative legal methods with conceptual and case study approaches, and analyses various laws and regulations, legal doctrines, and general principles of good governance (AUPB). The results show that judges have a crucial role in ensuring that PTDH decisions fulfil fair and procedural legal principles. In decisions Number: 19/G/2013/PTUN-BL, Number: 156/G/2016/PTUN-MDN, and Number: 43/G/2019/PTUN.SRG, various violations related to procedure, authority, and substance were found that caused the PTDH decision to be declared invalid. However, in some cases, rehabilitation of civil servants is not fully granted, given the limited evidence or insufficiently strong legal reasons. This research emphasises the importance of applying the principles of justice, legal certainty, and protection of civil servants' rights in the civil service administration process. In addition, this research provides recommendations to improve regulations related to the dismissal of civil servants to be more consistent with applicable legal principles.

This paper analyzes the legal protection of ownership of apartment units against foreign nationals in Indonesia. The focus of the study in this paper is the ambiguity of protection and legal certainty in the provisions of Article 144 of the Copyright Law jo. Article 71 paragraph (1) PP No. 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration, which regulates the granting of Ownership Rights to Flat Units to foreigners over HGB and use rights if land rights are not extended. The method used is a normative legal research approach, namely a statutory approach and a conceptual approach. As an analytical tool for the legal issues studied, the author uses the theory of legal certainty, the theory of legal protection and the theory of justice. The legal materials used are primary legal materials in the form of legislation, which are complemented by secondary legal materials in the form of reputable journals and the latest literature. The results that can be concluded in this study are the Job Creation Act and PP No. 18 of 2021 does not stipulate if the rights to the land that are the basis of the apartment are not extended or renewed, so that it does not reflect the existence of legal certainty over the ownership of flats by foreigners. This also has implications for the legal protection that will be obtained by foreigners, so that foreigners may lose money when buying flats in Indonesia, because their bargaining position is weaker in Indonesian land law. The purpose of this analysis is to provide certainty and legal protection of ownership of flats for foreign nationals in Indonesia.

The digital transformation of land administration in Indonesia through the migration from analog certificates to electronic certificates represents an effort to modernize public services. This study analyzes the legal implications of this migration, particularly regarding Ownership Rights, in the context of legal certainty and protection for right holders. Using a descriptive normative legal research method, this paper examines relevant regulations, including the Basic Agrarian Law, Government Regulations on land registration, the Electronic Information and Transactions Law, and the Regulation of the Minister of Agrarian Affairs/National Land Agency No. 3 of 2023. The analysis is based on the theory of the rule of law grand theory, legal certainty middle theory, and legal protection applied theory. The findings show that e-Certificates have the potential to improve legal certainty through efficiency, protection against physical risks, and enhanced transparency. However, challenges remain, including the validity of legacy data, cybersecurity risks, the digital divide, and the complexity of implementing a digital system under a negative publication framework. Legal protection is shifting from safeguarding physical documents to securing digital data, privacy, and system accessibility. Strengthening regulations, validating data, enhancing cybersecurity, increasing digital literacy, and developing effective dispute resolution mechanisms are essential to fully realize the benefits of e-Certificates

Land registration is an important legal process in the ownership of property. In many countries, land registration is done through the land registration agency or the National Land Agency (BPN). In Indonesia, land registration is carried out through an online system using the ATR/BPN application managed by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency. The issues raised are how the implementation of the online land registration system through the ATR/BPN application can ensure the legal certainty of land registration before PPAT and how the obstacles and challenges in the implementation of online land registration through the ATR/BPN application can affect the legal certainty of land registration before PPAT, the theory used by The Theory of legal certainty from Gustav Radbruch and the theory of authority from H.D Stoud. The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. From the results of the study it can be obtained that the online land registration system through the ATR/BPN application has the potential to increase the legal certainty of registration in the presence of PPAT. However, it takes a holistic effort to overcome technical and legal challenges, so this system supports the creation of a more reliable and transparent land registry and the constraints and challenges in online land registration through the ATR/BPN application can affect legal certainty. However, the right solutions and collaboration can overcome these barriers. Mature implementation and effective solutions will maintain legal certainty and provide positive benefits in property transactions in the future

There is no doubt that legal certainty is one of the basic principles in a lawbased society. In fact, it can also be said that the principle of legal certainty is often considered synonymous with the rule of law itself. Thus, the principle of legal certainty has reached the character of universality. Problems arise when the principle of legal certainty is confronted in a concrete case. In the case of the spread of HOAX, for example, the principle of legal certainty is more widely used than the principle of legal justice. As a result, at present, many people are subjected to criminal penalties because law enforcers, especially court judges, prioritize legal certainty (as written in the law) rather than applying legal justice. In this case, this article will discuss critically the application of the principle of legal certainty in the Indonesian legal system. In particular, this article highlights the fact that in many cases the spread of deception, judges prioritize the approach of using the principle of legal certainty rather than seeking substantive legal justice from the case