Improvement of Land Administration System

Oct 13, 2025 by windailys.com 117 views

Juridical Analysis of Cancellation of Building Use Rights Certificates due to Administrative Disability (Study of Supreme Court Decision No. 86 K/TUN/2019)

Introduction

In the context of land law in Indonesia, the cancellation of Building Use Rights Certificates (HGB) because of administrative defects is often an interesting issue to be analyzed. One of the important decisions that illustrates this is the decision of the Supreme Court Number 86 K/TUN/2019. Through this writing, the author tries to explain how administrative disabilities can result in cancellation of HGB certificates, as well as analyzing the legal basis and effects of the decision.

Understanding Building Use Rights Certificates (HGB)

Land Certificate, which functions as proof of land rights in accordance with Article 32 paragraph (1) of PP No. 24 of 1997, is an important document in the Land Legal System. However, there are many cases where the issuance of this certificate was carried out by the authorized official accompanied by a Rungent administrative error. This error often leads to the cancellation of land rights that have guaranteed the rights to the holder. This becomes more complex when looking at how the court, through a binding decision, responds to this problem.

The Role of Supreme Court Decision No. 86 K/TUN/2019

Analysis of Supreme Court Decision No. 86 K/TUN/2019 shows that the cancellation of HGB certificates is caused by juridical defects in the registration process. According to the cassation judge's consideration, land objects that are registered as the right to use buildings are contrary to existing regulations, especially PP No. 24 of 1997 Article 30 paragraph 1 letter a. This cancellation seems to function not only as a law enforcement, but also aims to protect the public interest and ensure order in land administration.

The Normative Juridical Approach

Based on the descriptive analytical method used, the normative juridical approach is very relevant to explore the legal implications of the decision. Normatively, the cancellation process seeks to reinforce legal certainty and provide protection for those who may be harmed due to administrative errors. This decision shows that the importance of compliance with procedures and provisions stipulated in the legislation in order to ensure the legality and accuracy of land data.

The Impact of Cancellation of HGB Certificates

Thus, the cancellation of the Certificate of Building Use Rights because administrative disability not only has an impact on the owner of the certificate, but also on the creation of a more transparent and accounted for land system. This research is expected to provide further insight about the importance of supervision and the implementation of strict regulations in land administration so that similar incidents do not happen in the future. Through a deep understanding of the legal aspects of land certificates, the hope is that a system can be created more equitable and accountable for all parties involved.

The Importance of Compliance with Procedures

The decision of the Supreme Court Number 86 K/TUN/2019 highlights the importance of compliance with procedures and provisions stipulated in the legislation in order to ensure the legality and accuracy of land data. This is in line with the principles of good governance, which emphasizes the importance of transparency, accountability, and participation in the management of public resources.

The Role of the Court in Land Administration

The court plays a crucial role in land administration, particularly in resolving disputes related to land rights. The decision of the Supreme Court Number 86 K/TUN/2019 demonstrates the court's commitment to upholding the law and ensuring that land administration is carried out in a fair and transparent manner.

Conclusion

In conclusion, the cancellation of Building Use Rights Certificates (HGB) because of administrative defects is a complex issue that requires careful analysis. The decision of the Supreme Court Number 86 K/TUN/2019 provides valuable insights into the legal implications of such cancellations and highlights the importance of compliance with procedures and provisions stipulated in the legislation. This research is expected to provide further insight about the importance of supervision and the implementation of strict regulations in land administration so that similar incidents do not happen in the future.

Recommendations

Based on the findings of this research, the following recommendations are made:

Improvement of Land Administration System: The land administration system should be improved to prevent administrative errors and ensure that land data is accurate and up-to-date.
Strengthening of Supervision: Supervision of land administration should be strengthened to ensure that procedures and provisions stipulated in the legislation are complied with.
Implementation of Strict Regulations: Strict regulations should be implemented to prevent similar incidents from happening in the future.
Education and Training: Education and training programs should be conducted to raise awareness about the importance of compliance with procedures and provisions stipulated in the legislation.

Future Research Directions

This research provides a foundation for further research in the area of land law and administration. Future research directions may include:

Analysis of Other Supreme Court Decisions: Analysis of other Supreme Court decisions related to land administration to identify patterns and trends.
Study of Land Administration System: Study of the land administration system to identify areas for improvement.
Development of Land Administration Policy: Development of land administration policy to ensure that land administration is carried out in a fair and transparent manner.

Limitations of the Study

This study has several limitations, including:

Limited Scope: The study only analyzed one Supreme Court decision, which may not be representative of all cases.
Limited Data: The study relied on secondary data, which may not be comprehensive or up-to-date.
Limited Expertise: The researcher may not have the necessary expertise in land law and administration.

Conclusion

In conclusion, this research provides a comprehensive analysis of the cancellation of Building Use Rights Certificates (HGB) because of administrative defects. The decision of the Supreme Court Number 86 K/TUN/2019 highlights the importance of compliance with procedures and provisions stipulated in the legislation in order to ensure the legality and accuracy of land data. This research is expected to provide further insight about the importance of supervision and the implementation of strict regulations in land administration so that similar incidents do not happen in the future.
Frequently Asked Questions (FAQs) about Juridical Analysis of Cancellation of Building Use Rights Certificates due to Administrative Disability

Q: What is the purpose of the Supreme Court Decision No. 86 K/TUN/2019?

A: The purpose of the Supreme Court Decision No. 86 K/TUN/2019 is to clarify the legal implications of the cancellation of Building Use Rights Certificates (HGB) due to administrative defects.

Q: What are the main reasons for the cancellation of HGB certificates?

A: The main reasons for the cancellation of HGB certificates are juridical defects in the registration process, including non-compliance with procedures and provisions stipulated in the legislation.

Q: What is the impact of the cancellation of HGB certificates on the owner of the certificate?

A: The cancellation of HGB certificates has a significant impact on the owner of the certificate, including the loss of land rights and the need to re-register the land.

Q: What is the role of the court in land administration?

A: The court plays a crucial role in land administration, particularly in resolving disputes related to land rights. The court's decision is binding and has a significant impact on the outcome of the case.

Q: What are the implications of the decision for land administration in Indonesia?

A: The decision has significant implications for land administration in Indonesia, including the need for improvement of the land administration system, strengthening of supervision, and implementation of strict regulations.

Q: What are the recommendations for improving land administration in Indonesia?

A: The recommendations for improving land administration in Indonesia include improvement of the land administration system, strengthening of supervision, implementation of strict regulations, and education and training programs for land administrators.

Q: What are the limitations of the study?

A: The limitations of the study include limited scope, limited data, and limited expertise.

Q: What are the future research directions?

A: The future research directions include analysis of other Supreme Court decisions, study of the land administration system, and development of land administration policy.

Q: What is the significance of the study?

A: The study is significant because it provides a comprehensive analysis of the cancellation of HGB certificates due to administrative defects and highlights the importance of compliance with procedures and provisions stipulated in the legislation.

Q: What are the implications of the study for policymakers and land administrators?

A: The study has significant implications for policymakers and land administrators, including the need to improve the land administration system, strengthen supervision, and implement strict regulations.

Q: What are the recommendations for further research?

A: The recommendations for further research include analysis of other Supreme Court decisions, study of the land administration system, and development of land administration policy.

Q: What are the potential applications of the study?

A: The potential applications of the study include improvement of the land administration system, strengthening of supervision, and implementation of strict regulations.

Q: What are the potential benefits of the study?

A: The potential benefits of the study include improved land administration, reduced disputes related to land rights, and increased transparency and accountability in land administration.

Q: What are the potential challenges of the study?

A: The potential challenges of the study include limited resources, limited expertise, and limited data.

Q: What are the potential limitations of the study?

A: The potential limitations of the study include limited scope, limited data, and limited expertise.

Q: What are the potential implications of the study for the broader community?

A: The potential implications of the study for the broader community include improved land administration, reduced disputes related to land rights, and increased transparency and accountability in land administration.