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Kepastian Hukum dalam Penyelesaian Sengketa Atas Timbulnya Tumpang Tindih Sertifikat Hak Milik Atas Tanah (Studi Kasus di Kantor Pertanahan Kabupaten Kubu Raya)
| Content Provider | COnnecting REpositories (CORE) |
|---|---|
| Author | HERCULANUS RICHARDO LASSA |
| Abstract | This thesis discusses the rule of law in the resolution of disputes arising out of overlapping land ownership certificate (case study in the district land office stronghold highway). This research was conducted using the method of normative legal research. Objective studies reveal and analyze how the settlement of disputes on overlapping land titles in Kubu Raya and reveal and analyze how the legal effect of the certificate that caused the overlapping land titles in Kubu Raya and to locate and analyze forms of legal protection for legitimate holder of the rights to the land that already has evidence (certificate) in the case of overlapping tersebut.Hasil this thesis is obtained: Legal certainty for legitimate holder of land rights that have the certificate in the case of overlapping certificate in the Kingdom stronghold district focused on repressive legal protection, given that the dispute has been expanded so that it takes the efforts made by the BPN to resolve the dispute that had occurred . Factors that cause the overlap certificates Right of Ownership on land in the Land Office Kubu Raya is due to map registration has not been formed or incomplete, good land officer factors caused due to human error or any bad faith of the applicant, the existence of breaking or splitting of the region, the presence of improper administration in the villages and their spatial changes by the city government. Of all the factors mentioned above due to carelessness and inaccuracy of Kubu Raya District Land Office in examining and researching physical data and juridical data directly in the field or in the case of a history of soil investigation and assessment tools correctness proof of ownership or control of land by checking existing warkah the Land Office Kubu Raya.Upaya legal settlement made by the Land Office to the emergence of dual certificate is a 2-way, that is the first time reached by resolving disputes through the National Land Agency (non litigation). To resolve the dispute be consultation between the parties to the dispute with a mediator Land Office. And the last way that must be taken when consensus between the parties is not reached, by resolving disputes through this thesis is Peradilan.Rekomdasi Should the Land Office to register the land leads to complete their registration Map namely Single Map. And the last way that must be taken when consensus between the parties is not reached, by resolving disputes through this thesis is Peradilan.Rekomdasi Should the Land Office to register the land leads to complete their registration Map namely Single Map. If only one field map and complete the existing plot can not be done anymore registration again on the same plot. In addition, measurements are also important to avoid double certificate. And also the existence of the Land Administration better.In the dispute resolution by consensus whenever possible because of the many advantages that can be obtained, among others, the process isquick and straightforward, relatively low cost and relatively shorter time than if the settlement of disputes with the lawsuit in court |
| File Format | |
| Alternate Webpage(s) | https://core.ac.uk/display/150953955 |
| Language | Indonesian |
| Publisher Date | 2015-01-01 |
| Access Restriction | Open |
| Subject Keyword | Legal Certainty Overlapping land title Kepastian Hukum Tumbang Tindih sertifikat hak milik Indonesia |
| Content Type | Text |
| Resource Type | Article |