Legal Strength of Certificate of Property Rights to Land which is Enforced Duty for Acquisition of Land Rights Obtained

Abstract

The acquisition fee for land and building rights is payable to be repaid when the acquisition of rights occurs, while on the other hand the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency in Article 33 does not require the payment of fees for the acquisition of land rights and a certificate is still issued, so that a certificate of land rights is issued which is burdened with an obligation to acquire land and building rights owed. The disharmony of this arrangement creates legal uncertainty so that it affects the legal strength of land rights certificates which are burdened with debt acquisition fees for land and building rights. Based on this background, a normative juridical research method (legal research) is used, with a legal approach and a conceptual approach. The procedure for settlement of fees for the acquisition of land and building rights in the issuance of land rights certificates in Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency no. 6 of 2018 is contrary to Article 9 paragraph (2) of Law no. 20 of 2000 which regulates fees for the acquisition of land and building rights, so that it does not meet one of the 8 values of legal certainty, namely that a legal system must not contain conflicting regulations. Based on the research, it can be concluded that the certificate of ownership that is charged with the acquisition of land and building rights payable in a complete systematic land registration program does not have legal force, so that it has legal consequences for the object and subject of land rights. it is necessary to harmonize the law against ATR/BPN Regulation No. 6 of 2018.