Fitri, Irma (2023) Perlindungan Hukum Bagi Pemegang Hak Atas Tanah Terhadap Pemberlakuan Asas Rechtsverwerking (pelepasan Hak) Di Kabupaten Bengkalis. Other thesis, Fakultas Hukum.

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Abstract

One of the goals of the BAL is to provide legal certainty for all people regarding their land rights. In connection with the importance of legal certainty over land tenure, especially in the life of the state, the agrarian law in Indonesia regulates land registration in order to guarantee legal certainty for holders of land rights, then according to the law certificates are a strong means of proof so that owners are given legal certainty and legal protection. With this certificate, the existence of land rights holders will be guaranteed. However, in reality, in Bengkalis District, there is a plot of land that has been illegally registered on someone else's land, and the land has been filed for a civil lawsuit but lost the lawsuit because it prioritized Government Regulation Number: 24 of 1997 concerning Land Registration. The main problem in this study relates to legal protection against the application of the Rechverweking principle and the application of the Rechtsverwerking principle in Bengkalis Regency. This research uses normative method. Normative legal research is also called doctrinal legal research, library research, or documentary studies. This research was conducted in Bengkalis Regency. The results of research in this case, the decision of the Panel of Judges at the first level, the District Court and at the Pekanbaru High Court level, decided to apply the rechtsverwerking principle, in this case the Judge is of the opinion that the Plaintiffs do not have the right to sue the disputed case (Disqualification in Person). Whereas in its legal considerations based on Article 32 paragraph (2) Government Regulation No. 24 of 1997. if a land parcel has been legally issued a certificate in the name of a person or legal entity who acquired the land in good faith and actually controls it, then other parties who have rights over the land can no longer demand the exercise of these rights if within 5 (five) years from the issuance of the certificate and the head of the relevant land office or does not file a lawsuit in court regarding land tenure or issuance of the certificate.

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