THE LEGAL CERTAINTY OF LAND OWNERSHIP RIGHT IN REGISTRATION’S CONTEXT

Christiana Sri Murni, Bernadus Basa Kelen, Sumirahayu Sulaiman
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引用次数: 1

Abstract

The aims of this research is to know that certificate as a letter of evidence that is valid as strong evidence regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question. But in reality, the certificate can still be sued by the subject of the right who feels he has the right to the land. This research used a normative legal research with qualitative descriptive data analysis. Based on the results of the study indicate that land registration activities include the collection and processing of physical data, proof of rights, bookkeeping, and issuance of certificates. With the issuance of a certificate of land rights, the owner has legal certainty and legal protection. However, in reality, land rights certificates can be sued in court. This shows the existence of legal uncertainty, because at any time the rights subject who feels he has a right or feels that his rights have been violated by another party can file a lawsuit against another party whose name has been registered in a certificate.
登记背景下土地所有权的法律确定性
本研究的目的是要知道,证书作为一种有力的证据,是有效的,关于它所包含的物理数据和法律数据,只要物理数据和法律数据与测量书和有关土地权利的书中所包含的数据相一致。但在现实中,权利主体认为自己对土地拥有权利,仍然可以对该证书提起诉讼。本研究采用规范性法律研究与定性描述性数据分析。研究结果表明,土地登记活动包括收集和处理实物数据、权利证明、簿记和颁发证书。土地权证的签发,使土地所有人具有了法律确定性和法律保护。然而,在现实中,土地权证可以在法庭上起诉。这说明了法律不确定性的存在,因为权利主体在任何时候觉得自己有权利或者觉得自己的权利受到了另一方的侵犯,都可以对在证书上登记了名字的另一方提起诉讼。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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