Legal Review of The Land Office's Legal Responsibility For The Issuance of Multiple Certificates Submitted By PPAT

Abstract

Abstract. Legal Review of the Legal Responsibility of the Land Office for the Issuance of Duplicate Certificates Submitted by PPAT, is an important issue in legal practice in Indonesia. As an institution authorized to issue land certificates, the land office is responsible for providing legal certainty for the certificates it issues. The issuance of duplicate certificates not only harms the parties, but can also damage public trust in the land office. The purpose of this study is to analyze: 1) The process of issuing certificates at the land office. 2) The consequences and legal responsibilities of the land office in the issuance of duplicate certificates submitted by PPAT. The approach method in this study is the statute approach. This type of research is an empirical legal research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is perspective. The results of the study concluded: 1) The procedure for issuing certificates has basically been regulated normatively in Government Regulation Number 24 of 1997 concerning Land Registration and its implementing regulations, which emphasize the importance of the principles of legality, legal certainty, and public service. The process of issuing certificates through land registration, both initial land registration and maintenance of registration data, is carried out in stages, starting from the collection of legal and physical data, land inspection, data announcement, to the issuance of land title certificates by the Head of the Land Office. 2) The issuance of double certificates is a form of land administration defect that has implications for legal uncertainty and has the potential to cause land ownership disputes. The legal consequence of the issuance of double certificates is the cancellation of one or both certificates based on the legal principle that there cannot be two identical rights to the same object. In this case, the Land Office is administratively responsible because land title certificates can only be issued by the institution as the land registration executor in accordance with the provisions of Article 19 of the Basic Agrarian Law in conjunction with Government Regulation Number 24 of 1997. If negligence or procedural errors in the verification of legal and physical data are proven to originate from the Land Office, then legal responsibility may arise, either in the form of administrative recovery, compensation, or civil and/or criminal responsibility against authorized officials.

Keywords: Double Certificate; Legal Responsibility; Land Office.