Juridical review of government regulations on land registration in providing legal certainty for land certificate holders

Abstract

One of the common issues that often arises is the lack of legal certainty for land certificate holders. Although they possess a certificate, there are still many cases involving land disputes and unclear ownership status. The Supreme Court Decision Number 643 K/Pdt/2023 and the Decision Number 41/Pdt.G/2017/PN.MMe are evidence of the weak legal power of land certificates, which can still be subject to lawsuits in court. The normative juridical approach, or the legislative approach, is the method used in this research. The data sources used are secondary data, utilizing primary legal materials (laws, government regulations, or government decisions related to this research), secondary legal materials (books, journals, articles related to this research), and tertiary legal materials (legal dictionaries, the Indonesian Dictionary, etc.). The effectiveness of the Government Regulation on Land Registration in providing legal protection for certificate holders has not been fully effective, as there are still lawsuits against certificate holders over five years old. Another reason is that, in the hierarchy of legislation, the Government Regulation on Land Registration ranks below the Judicial Power Law, so the provisions of Article 32 paragraph (2) of the Government Regulation on Land Registration can be overridden by Article 10 paragraph 1 of Law Number 48 of 2009 on Judicial Power.