Vol. 4 No. 2 (2021): Jentera: Jurnal Hukum

Multiple Land Certificate Dispute Settlement And Its Form of Legal Certification

Emir Fabrian Marino
Fakultas Hukum UPN Veteran Jakarta

Published 2021-12-31


The 1945 Constitution of the Republic of Indonesia has provided legal guarantees and protections related to the rights of Indonesian citizens, including the rights of citizens to obtain, own, and enjoy property rights to land. Along with the times, community needs for land often lead to conflicts or disputes, both within individuals and within a group. Land dispute cases arise because of the recognition of ownership rights and control over the disputed land from each of the parties concerned. This then led to the emergence of dual land certificate ownership. In addition, issues relating to measurement and mapping as well as the provision of large-scale maps which are one of the requirements in the implementation of land registration should also not be underestimated and must be carried out carefully in order to ensure legal certainty in the field of control and ownership of land. Based on this background, the problem in this analysis is how legal certainty is for holders of dual land certificates and how to resolve disputes over dual land certificates. The method used in this paper is a normative juridical method. The data sources used are primary data sources and secondary data sources. In this study, it was concluded that in a dual land certificate dispute, preventive and repressive legal protection efforts could be carried out. In preventive legal protection, the community is given an opportunity to file an objection or submit an opinion before a government decision gets a definitive form. Meanwhile, in repressive legal protection, efforts are made to resolve disputes that have occurred. The factors that cause this dual land certificate dispute include public ignorance, weak rules regarding land registration, negligence, and the existence of a land mafia. Settlement of land disputes can be done through litigation and non-litigation. In non-litigation, the settlement can be done through negotiation, conciliation, mediation, and arbitration.