Legal Consequences Of Cancellation Of Certificate of Right to Building Because Of Administrative Defects

Abstract

Land that contains various elements, including natural resources, and whose surface can be used for buildings or agriculture often causes disputes. Therefore, to regulate land issues, the state has established a legal regulation called the Basic Agrarian Law. To provide legal certainty and as a follow-up to the provisions regarding land ownership through land rights, the UUPA also regulates the registration of land parcels, whereby the registering party will obtain a certificate as proof of legal and valid land ownership. The UUPA also regulates the government's obligation to carry out land registration throughout Indonesia as a form of legal certainty regarding land rights. Researchers will use normative legal research methods to answer the questions in this study. Normative legal research methods involve using legal principles and doctrines to answer the legal questions examined in this study. The answers are expected to produce a theory or concept that can be used as a guideline for problems encountered in the future. Cancellation of building rights certificate (SHGB) due to administrative defects result in the loss of legal validity of the rights that have been granted, because the process of issuing certificates is not carried out according to the procedure, using unauthorized documents, or without careful verification of juridical and physical data. In practice, a SHGB issued on a flawed legal basis would lose legitimacy and could be annulled through an administrative decision by the Minister of ATR/BPN or through a court ruling. This confirms that accuracy in the examination and validation of physical and juridical data is very important so as not to cause legal conflicts in the future. Thus, the cancellation of the SHGB not only cancels the right to land, but also serves as a reminder that the land administration system must be run with the principles of prudence, legality, and legal certainty.