法律审查涉及到土地权利,完整系统的土地登记程序建立在一定的法律价值基础上

Wulan Laraswati Rengganis, Tina Marlina, Irma Maulida, Endang Sutrisno
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引用次数: 0

摘要

ATR/BPN部由政府授权授予土地权利和土地登记活动。因此,PTSL计划被创建为土地注册计划,以实现法律上的确定性。PTSL项目的结果可以颁发具有法律确定性的所有权证明证书,但事实上,即使他们已经具有法律确定性,他们仍然可以引起土地纠纷,例如所有权重叠的证书。鉴于上述问题,作者有兴趣分析PTSL计划如何实施,以达到法律确定性的目的,并努力解决PTSL计划中基于2020年永久ATR/BPN第21号的重叠土地权利的法律纠纷。使用的研究方法是规范法学。研究结果表明,由于行政管理上的缺陷,具有重叠所有权证书的PTSL项目并没有完全获得法律上的确定性。因此,为了获得法律上的确定性,必须取消其中一个证书,并按照程序进行流程。根据2020年第21号永久土地使用权条例第6条第(1)项、第29条第(1)项、第34条、第35条,努力解决统一土地使用权计划中土地权利重叠的法律纠纷。结论是,即使PTSL计划可能导致所有权证书重叠,您仍然可以通过2020年Permen ATR/BPN第21号规定的处理获得法律确定性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
LEGAL REVIEW OF LAND RIGHTS RELATED TO THE COMPLETE SYSTEMATIC LAND REGISTRATION PROGRAM BASED ON LEGAL CERTAIN VALUES
The Ministry of ATR/BPN is authorized by the government to grant land rights and land registration activities. Therefore, the PTSL Program was created as a land registration program to achieve legal certainty. The results of the PTSL Program can be issued certificates which are proof of ownership that has legal certainty, but in fact even though they already have legal certainty they can still cause land disputes such as certificates that overlap ownership. Seeing the problems above, the author is interested in analyzing how the PTSL program is implemented for the purpose of legal certainty and efforts to resolve legal disputes in the PTSL program regarding overlapping land rights based on Permen ATR/BPN Number 21 of 2020?. The research method used is normative juridical. The results of the study show that the PTSL program with overlapping certificates of ownership has not fully obtained legal certainty due to administrative defects. Therefore, to obtain legal certainty, one of the certificates must be canceled and the process carried out according to the procedure. Efforts to resolve legal disputes in the PTSL Program regarding overlapping land rights in accordance with Article 6 Paragraph (1), Article 29 Paragraph (1), Article 34, and Article 35 of Permen ATR/BPN Number 21 of 2020. It was concluded that the PTSL Program even though can cause overlapping certificates of ownership, you can still get legal certainty with the handling regulated by Permen ATR/BPN Number 21 of 2020.
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