Manuscript Title:

EQUITABLE DUAL CERTIFICATE DISPUTE RESOLUTION MODEL OF LAND RIGHTS

Author:

FAISAL F NAPITUPULU, YOS JOHAN UTAMA, ANA SILVIANA

DOI Number:

DOI:10.5281/zenodo.10203345

Published : 2023-11-23

About the author(s)

1. FAISAL F NAPITUPULU - Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. YOS JOHAN UTAMA - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. ANA SILVIANA - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Model of equitable dispute resolution of dual certificates of land rights. The purpose of this study is to analyze: 1. What is the background of the dispute over the ownership of dual certificates of ownership of land? 2. What is the process of resolving disputes over the ownership of dual titles of land titles? 3. What are the constraints on resolving disputes over the ownership of dual titles of land titles? 4. How is the dispute resolution solution to the ownership of dual title rights to land related to the principle of legal certainty? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: a) In general, land disputes arise due to the following factors: 1) Incomplete regulations; 2) Regulatory non-compliance; 3) Land officials who are not responsive to the needs and amount of land available; 4) Inaccurate and incomplete data; 5) Erroneous soil data; 6) Limited human resources in charge of resolving land disputes; 7) Erroneous land transactions; 8) The act of the right applicant or; 9) There is a settlement from other agencies so that there is an overlap of authority. b) In some cases of double certificates on title certificates, there are also errors or administrative defects that result in legal defects in certificates that appear with the same owner's name, the same object, and the same area, especially since the owners of land rights have never asked the Head of the Land Office to issue a new certificate or authorize others. c) The National Land Agency always seeks solutions to resolve land disputes based on applicable laws and regulations by taking into account the sense of justice and respecting the rights and obligations of each party. d) The dispute resolution steps that they or BPN take are deliberations.


Keywords

Model, Dispute Resolution, Dual Certificate, Land Rights, Equitable.