Ramadhan, Raja Kurniawan (2025) Pelaksanaan Batas Penuntutan Hak Atas Tanah yang telah Terbit dari Pendataan dengan Sertifikat Hak Milik yang Diatur Pada Pasal 32 Ayat (2) PP. 24 Tahun 1997 di Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Quoting the Ministry of Agrarian Affairs and Regional Government/National Land Agency (ATR/BPN) for the period 2018 to 2020 there were 8,625 cases of land disputes throughout Indonesia. Although the regulation of land ownership or registration has been regulated in various laws and regulations, these problems still always arise and grow. PP No. 24 of 1997 concerning Land Registration, especially Article 32 Paragraph (2) which should be the solution and guarantee that there will be no disputes over the issuance of land (related to the registration of cancellation of rights/certificates at the TUN Court) is still being debated. Article 32 Paragraph (2) of PP Number 24 of 1997 concerning Registration has the intention that if a certificate has been issued to a person or legal entity, then if there is a person or legal entity that objects to this, they can file within 5 years after the rights are issued. The objectives of this study are: To determine the resolution of land disputes that arise 5 years after the certificate is issued by the Pekanbaru City BPN and submitted to the Pekanbaru TUN Court for the 2017 to 2021 period and to determine the form of legal certainty for land rights holders can be guaranteed by regulating restrictions on the enforcement of land rights, as regulated in Article 32 Paragraph (2) of PP Number 24 of 1997 concerning Land Registration. This type of research is empirical sociology and uses a purposive sampling technique. The conclusion of this study is: Regarding the limitation of the prosecution time as stated in Article 32 Paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration, it does not apply absolutely. Based on the basis as stated in Article 55 of Law Number 5 of 1986 concerning State Administrative Courts, it states: "A lawsuit may be filed only within a period of 90 days from the time the decision of the State Administrative Agency or Official is received or announced." Then Article 5 paragraph (1) concerning the Regulation of the Supreme Court of the Republic of Indonesia No. 6 of 2018 concerning Guidelines for the Settlement of Government Administrative Disputes further emphasizes it by stating: "The deadline for filing a lawsuit in Court is calculated 90 days from the decision on administrative efforts.". For parties who feel that their interests have been harmed by the Decision of the State Administrative Official, they can still try even though it has passed 5 years after the issuance of the certificate as long as it is still within the 90-day period after the administrative efforts are made. This is proven by several cases that have occurred, such as in Decision Number: 43/G/2020/PTUN.PBR8/BDG/2017/PTUN.PBR which was submitted to the Pekanbaru State Administrative Court, the application of Article 32 Paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration (in terms of limiting prosecution) cannot be used as an absolute reference for causing a lawsuit to expire.

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