Legal Protection for Buyers Against Cancellation of The Certificate of Land Rights Due to Administrative Defects

The purpose of this research is to analyze the position of land rights certificates which were canceled by BPN due to administrative defects related to the status of land rights and legal protection for buyer. This research makes use of a normative juridical approach as its methodology. In this research, it is stated that Land Rights established on Management Rights and then transferred to third parties/buyers without permission from the Management Rights holder can be categorized as genuine but fake certificates (asphalt), so that such certificates are declared administratively defective and must be cancelled. Regarding protection for buyers whose certificates are later cancelled, legal protection can be implemented repressively, namely by the buyer getting compensation for the canceled certificate which should be the buyer's right.

Authors

Institutions

Publication Details

Journal
Alauddin Law Development Journal
Published
2024-08-30
DOI
https://doi.org/10.24252/aldev.v6i2.44030
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Legal Protection for Buyers Against Cancellation of The Certificate of Land Rights Due to Administrative Defects

Yani Pujiwati, Moch Januar Ramadani, Yenni Yunithawati Rukmana
Alauddin Law Development Journal
Indonesian Legal and Regulatory Studies
article

Legal Protection for Buyers Against Cancellation of The Certificate of Land Rights Due to Administrative Defects

Yani Pujiwati, Moch Januar Ramadani, Yenni Yunithawati Rukmana
article en

Abstract

The purpose of this research is to analyze the position of land rights certificates which were canceled by BPN due to administrative defects related to the status of land rights and legal protection for buyer. This research makes use of a normative juridical approach as its methodology. In this research, it is stated that Land Rights established on Management Rights and then transferred to third parties/buyers without permission from the Management Rights holder can be categorized as genuine but fake certificates (asphalt), so that such certificates are declared administratively defective and must be cancelled. Regarding protection for buyers whose certificates are later cancelled, legal protection can be implemented repressively, namely by the buyer getting compensation for the canceled certificate which should be the buyer's right.

Alauddin Law Development JournalVol. 6(2)
Padjadjaran University (ID)
Openalex Percentile: Top 77%
Indonesian Legal and Regulatory Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.