Pertimbangan Hakim dalam Putusan Kekuatan Hukum Sertifikat Hak Milik Tidak Mengikat di Pengadilan Negeri Kupang

The purpose of this study is to determine the judge's considerations in issuing a decision stating that the certificate of ownership does not have binding legal force and the legal consequences of the decision stating that the certificate of ownership does not have binding legal force based on the initial survey conducted by the researcher, it was found that the lawsuit was filed after 5 years had passed. This study uses normative legal research with a case study (case approach). Data collection uses literature studies. Data collection and processing procedures are carried out using qualitative legal analysis. The results of the study indicate that the requirements for a certificate of ownership that does not have legal force that are often violated are the lack of good faith in obtaining the land. Meanwhile, violations of the requirements for land that is not directly or indirectly controlled by the owner, although related to other requirements, do not mean that the Certificate of Ownership has strong legal force. This is because of the requirements of Article 32 paragraph 2 of Government Regulation Number 24 of 1997 concerning land registration. There are several legal consequences. These legal consequences can be divided into two types, namely legal consequences that apply retroactively or backward and legal consequences that apply forward. As well as the legal consequences and in substance, these legal consequences are in line with the form of achievement in contract law as regulated in Article 1234 of the Civil Code.

Authors

Institutions

Publication Details

Journal
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE
Published
2025-05-26
DOI
https://doi.org/10.55606/jass.v6i2.1971
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Pertimbangan Hakim dalam Putusan Kekuatan Hukum Sertifikat Hak Milik Tidak Mengikat di Pengadilan Negeri Kupang

Simplexius Asa, Elfianus Parianto, A. Resopijani
3 links
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE
Legal Studies and Policies
article

Pertimbangan Hakim dalam Putusan Kekuatan Hukum Sertifikat Hak Milik Tidak Mengikat di Pengadilan Negeri Kupang

Simplexius Asa, Elfianus Parianto, A. Resopijani
article en

Abstract

The purpose of this study is to determine the judge's considerations in issuing a decision stating that the certificate of ownership does not have binding legal force and the legal consequences of the decision stating that the certificate of ownership does not have binding legal force based on the initial survey conducted by the researcher, it was found that the lawsuit was filed after 5 years had passed. This study uses normative legal research with a case study (case approach). Data collection uses literature studies. Data collection and processing procedures are carried out using qualitative legal analysis. The results of the study indicate that the requirements for a certificate of ownership that does not have legal force that are often violated are the lack of good faith in obtaining the land. Meanwhile, violations of the requirements for land that is not directly or indirectly controlled by the owner, although related to other requirements, do not mean that the Certificate of Ownership has strong legal force. This is because of the requirements of Article 32 paragraph 2 of Government Regulation Number 24 of 1997 concerning land registration. There are several legal consequences. These legal consequences can be divided into two types, namely legal consequences that apply retroactively or backward and legal consequences that apply forward. As well as the legal consequences and in substance, these legal consequences are in line with the form of achievement in contract law as regulated in Article 1234 of the Civil Code.

JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCEVol. 6(2)
University of Nusa Cendana (ID)
Openalex Percentile: Top 77%
Legal Studies and Policies
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.