Kedudukan dan Akibat Hukum Sertifikat Hak Milik (SHM) Yang Tidak Berkekuatan Hukum (Studi Putusan Nomor : 482/Pdt.G/2016/PN.Mdn)

Abstract

Considering the land's role in life, the State as an organization of power in Indonesia has the authority to regulate ownership, designation, transfer and registration of the rights of the Indonesian people. The desired goal of the State is to give the community / people the right to land where the rights referred to the community get a certainty of law and eligibility for life, because the law was formed to ensure the creation of order in society. With the passage of Law Number 5 of 1960 concerning the Basic Agrarian Law (UUPA), it does not necessarily become a problem with regard to land. he issues raised in this study are regarding the legal position of the certificate of ownership of land in Indonesia, the legal consequences of the certificate of ownership that does not have legal force, and the process of implementing the district court case number 482/PDT.G/2016/PN.Mdn. This study uses normative juridical and empirical juridical research that refers to legal norms contained in legislation and sources of legal material and examines how law works in the community. The results of the research that have been obtained from the legal status of land ownership certificates in Indonesia are land rights certificates as the final result of the land registration process, which acts as proof of ownership of land rights which is used as a strong verification tool to provide legal certainty of land ownership for people whose names are listed in the certificate Due to the legal effect on the certificate of ownership that was canceled in the Decision Number : 482/Pdt.G/2016/PN.Mdn is a formality defect and null and void by law.