ANALISIS YURIDIS KEKUATAN PEMBUKTIAN SERTIFIKAT HAK MILIK TANAH DALAM PENYELESAIAN SENGKETA TANAH

Abstract

A certificate is strong evidence as long as it cannot be proven otherwise, the physical and juridical data contained therein must be accepted as true data. In this regard, it can be understood that a certificate can be a force of evidence that is not absolute, because it is still possible to be declared null and void or declared to have no legal force through a court decision. Interested parties can submit a lawsuit to the court to ask the court to decide that a certificate of certain land rights does not have legal force. In the decision case Number 1189/Pdt.G/2019/PN.Tng there has been overlapping ownership of land rights in which the plaintiff claims that customary land with evidence of girik was purchased from the rightful owner. Problems arise when the plaintiff wants to process a new certificate. However, the plaintiff knows that the customary land purchased has been issued with certificates of rights in the names of Defendants I, II and III and in the end Defendants I, II and III can prove ownership rights in their own names with the AJB and Land Registration. Therefore, the main issues in this case are (1) what is the strength of proof of land ownership certificates in resolving land disputes in the case: Decision Number: 1189/Pdt.G/2019/PN.Tng, (2) what is the BPN's authority to cancel certificates property rights in the settlement of land disputes in the case of Decision Number: 1189/Pdt.G/2019/PN.Tng. This research is a normative juridical research that is descriptive analysis in nature so that the data that has been collected can be analyzed qualitatively. The legal basis refers to the provisions of Article 1 point 1 in conjunction with Article 32 paragraph (1) Government Regulation Number 24 of 1997 concerning land registration, Article 19 paragraph (2) Act letter c of the Basic Agrarian Law, Article 1 Number 7 UUJN, Article 1868 of the Civil Code