THE ISSUANCE OF AN OVERLAPPING CERTIFICATE OF LAND RIGHTS IN INDONESIA

Abstract

BPN as the agency in charge of land registration has an important role in preventing the existence of overlapping certificates. However, if an overlapping certificate has occurred, BPN can only become a consultant and witness who is asked for information until the overlapping certificate can be issued. The research method used is empirical legal research. The analysis used Is descriptive analysis, namely the data that has been collected is processed for the formulation of the research conclusions. Then the research data were analyzed in depth. The results showed that the emergence of multiple certificates was caused by many factors, one of which occurred in Denpasar City and Badung Regency due to irregular data after the expansion of the Regency so that many data were not found, besides that there were several certificates that existed before 1980 and the certificate, which was never tansferred to be one of the triggers. Legal protection for ownership of land rights against the emergence of an overlapping certificate Is that the owner of the certificate can file a lawsuit due to the existence of the same certificate in the same field and carry out evidence in court for the disputing parties. The authority of BPN is to carry out land administrative activities ranging from land data collection to issuance of certificates. In addition, BPN also has a role as a mediator or witness when an overlapping certificate dispute occurs because BPN only issues 3 certificate after the data is truly valid. BPN will wait for a court decision with permanent legal force (inkrah) to further cancel the issuance of the certificate that is disputed in court.

Keywords

• overlapping certificate;
• land registration;