ANALISIS YURIDIS PEMBATALAN SERTIFIKAT HAK MILIK BERDASARKAN PUTUSAN NOMOR: 14/G/2018/PTUN.PDG

Abstract

The Padang PTUN Decision Number 14/G/2018/PTUN.PDG reflects the application of administrative law in resolving land disputes in accordance with the provisions of Law Number 51 of 2009. The PTUN has the authority to test the validity of State Administrative Decisions. In this decision, the panel of judges granted the plaintiff's lawsuit and declared the two certificates of ownership that were the object of the dispute void. The formulation of the research problem is 1). What is the legal analysis of the cancellation of the certificate of ownership and its legal consequences based on Decision Number: 14/G/2018/PTUN.PDG? 2). What are the legal considerations that are the basis for the panel of judges in deciding to cancel the certificate of ownership based on Decision Number: 14/G/2018/PTUN.PDG? The legal research method is normative legal research conducted using secondary data sources. The data is analyzed qualitatively. The results of this study 1). Legal analysis of the cancellation of the certificate of ownership is carried out through the mechanism of the Padang PTUN based on Law Number 51 of 2009 concerning State Administrative Courts and declares the two disputed objects null and void. The legal consequence is that the certificate is declared null and void by law and is not valid as proof of ownership. The defendant is required to revoke the certificate and pay court costs according to the verdict. 2). The judge's legal considerations are based on violations of applicable laws and regulations, especially Government Regulation Number 24 of 1997 concerning Land Registration and the general principles of good governance. The Defendant's exception and the Intervening Defendants II were rejected, and the Plaintiff's lawsuit was granted in full.