Kepastian Hukum Terhadap Sertifikat Ganda Hak Atas Tanah Sebagai Hak Milik Merujuk Pada Undang-undang No.5 Undang Undang 1960 Terkait Peraturan Dasar Pokok-pokok Agraria (Studi Di Kantor Pertanahan Kota Pekanbaru)

Vieri Pandiangan, Hendrik (2022) Kepastian Hukum Terhadap Sertifikat Ganda Hak Atas Tanah Sebagai Hak Milik Merujuk Pada Undang-undang No.5 Undang Undang 1960 Terkait Peraturan Dasar Pokok-pokok Agraria (Studi Di Kantor Pertanahan Kota Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

The certificate is evidence of land rights which include the legal certainty of physical data and juridical data plots of land. The fact that there has not been fully certified to give legal certainty of land rights, because there are still cases of land. One case of land that occurred in Pekanbaru, Riau Province is a case of multiple certificates which covering ownership disputes, boundary disputes, land administration and other issues. This multiple-certificate cases have an impact on the community unrest and disharmony. Based on the above, it is necessary to study the case of multiple certificates in Pekanbaru with focus on the causes of multiple certificates, legal implications in terms of multiple certificates of civil law, criminal and administrative, and the efforts of the Land Office Pekanbaru to prevent and resolve cases of multiple certificate. This study used a qualitative descriptive method and case study method. The Data collection techniques done with the interview as primary data and study documents as secondary data. The crawl technique informants used purposive sampling and the data analysis used qualitative descriptive. The results showed: The first, causes of multiple certificates there are two factors that The main factor is the parcels of land certificate which was first published is not plotted on one single system of registration map. The supporting factors are: (1) the applicant's bad faith is a recurring basis to sell their land without giving up the rights of the original pedestal; (2) human factors caused by human error due to employee error,omissions and inaccurate in the process of issuing the certificate; (3) measurements of the boundaries of the land does not meet the principle contradictoir delimitatie; (4) ownership are not actively maintain the sign of land boundary; (5) solving the village because of the sub-regional growth, (6) the rural/village did not have copy of the registration map. The second, the legal implications of dual certificates are: (1) civil law that is causing civil disputes and and civil court decision that resulted in multiple the certificate becomes invalid has no force of law; (2) the public administration Act of maladministration against the principle of accuracy of staff in the General Principles of Good Governance. The court decision resulted in the cancellation of the State Administration of multiple certificates is not legally valid; (3) criminal law is criminal forgery of land (chapter 263 the book of laws criminal). Court decisions in criminal cases was not implicated to overturn civil rights and a certificate as a state administrative decision, but it resulted in a defective certificate of administrative law. So it can be used as supporting data in the application process the cancellation of land rights. The third, efforts to prevent cases of multiple certificates in ways are: (1) map-making process with a single system of registration Graphis Index Mapping (GIM); (2) coaching staff; (3) the socialization of PP No. 11 Tahun 2010 tentang Penertiban dan Pendayagunaan Tanah Terlantar. Efforts to resolve these cases through mediation and Institute of Justice, Courts Pekanbaru and Administrative Court Pekanbaru.

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