Legal Eligibility for Land Rights Owners for Cancellation of Certificates

Abstract

Regarding repressive legal protection, which aims to correct problems that have already occurred, there are no relevant rules in the legislation to provide land right’s defense, certificates whose registration of transfer of rights is canceled. This is because the Indonesian land registration system adheres to a negative publication system with a positive tendency, so that although the certificate is a strong evidence, it can still be canceled. This research uses normative research methods. Legal protection for holders of land rights certificates in Indonesia is still not fully guaranteed. Although land registration is carried out through the rights registration system, the fact is that the state only acts as a passive administrator. This is reflected in the explanation of Government Regulation Number 24 Year 1997 Section 32 Verse (2), which states that certificates do not guarantee the absolute truth of the data contained therein. The legal protection provided is also preventive and limited, i.e. only for certificate holders who meet conditions such as having controlled the land for more than five years, having good faith, and actually controlling the land. However, this provision can still be overridden by a court decision, as emphasized in SEMA No. 2 of 1991, which leaves room for a lawsuit even after the five-year period has elapsed. This reflects the weak legal position of the certificate holder when the registration of a transfer of land rights is invalidated due to administrative or procedural defects.