The Validity of Canceling A Land Certificalte of The Regional Office of The National Land Agency Based on A District Court Decision That Has Permanet Legal Force

The validity of the legal act of canceling a land title certificate refers to the validity of the legal process and substance underlying the cancellation decision, as stipulated in Law No. 5/1960 on Basic Agrarian Principles (UUPA) and Ministerial Regulation No. 21/2020. This validity relies on the fulfillment of formal requirements, such as correct administrative procedures (application submission, document verification, and issuance of the decision by the National Land Agency), as well as material requirements, such as legal ownership and the absence of unresolved disputes. Certificate cancellation can be considered invalid if there are legal defects in its implementation, such as abuse of authority, using the wrong legal rules, violation of procedures, or non-compliance with general principles of good governance (AUPB), and regarding these errors, the aggrieved party can demand that it be canceled through a decision of the State Administrative Court (PTUN) or considered null and void. Administrative law principles, such as legality, transparency, and audi et alteram partem, become benchmarks to ensure legal certainty, so that certificates as proof of ownership reflect the actual legal situation.

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Publication Details

Journal
Greenation International Journal of Law and Social Sciences
Published
2025-05-31
DOI
https://doi.org/10.38035/gijlss.v3i1.380
Primary Topic
Land Rights and Reforms
Type
article
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article

The Validity of Canceling A Land Certificalte of The Regional Office of The National Land Agency Based on A District Court Decision That Has Permanet Legal Force

Lego Karjoko, Hendra Wasaraka, Diana Tantri Cahyaningsih
Greenation International Journal of Law and Social Sciences
Land Rights and Reforms
article

The Validity of Canceling A Land Certificalte of The Regional Office of The National Land Agency Based on A District Court Decision That Has Permanet Legal Force

Lego Karjoko, Hendra Wasaraka, Diana Tantri Cahyaningsih
article en

Abstract

The validity of the legal act of canceling a land title certificate refers to the validity of the legal process and substance underlying the cancellation decision, as stipulated in Law No. 5/1960 on Basic Agrarian Principles (UUPA) and Ministerial Regulation No. 21/2020. This validity relies on the fulfillment of formal requirements, such as correct administrative procedures (application submission, document verification, and issuance of the decision by the National Land Agency), as well as material requirements, such as legal ownership and the absence of unresolved disputes. Certificate cancellation can be considered invalid if there are legal defects in its implementation, such as abuse of authority, using the wrong legal rules, violation of procedures, or non-compliance with general principles of good governance (AUPB), and regarding these errors, the aggrieved party can demand that it be canceled through a decision of the State Administrative Court (PTUN) or considered null and void. Administrative law principles, such as legality, transparency, and audi et alteram partem, become benchmarks to ensure legal certainty, so that certificates as proof of ownership reflect the actual legal situation.

Greenation International Journal of Law and Social SciencesVol. 3(1)
Sebelas Maret University (ID)
Openalex Percentile: Top 84%
Land Rights and Reforms
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