Application of the Nemo Plus Juris Transferre Potest Quam Ipse Habet Principle in the Transfer of Land Rights

This study aims to analyze the role of the Land Titles Registrar (PPAT) in applying the principle of Nemo Plus Juris transferre potest quam ipse habet during land rights transfers in Central Lombok, West Nusa Tenggara Province, Indonesia, and to identify the obstacles to implementing this principle during land rights transfers. The research method employed is empirical legal research, using legislative, sociological, and conceptual approaches. The study concludes that Land Titles Registrar's role in applying the principle of nemo plus juris transferre potest quam ipse habet is to ensure the validity of land rights transfers by verifying the authenticity of certificates, the consistency of legal and physical land data with records at the Land Office, and the identity of the parties involved. Additionally, Land Titles Registrar ensures that the party transferring the rights is indeed the lawful rights holder, based on the certificate and supporting documents. Obstacles to applying the principle of nemo plus juris transferre potest quam ipse habet include both legal and non-legal factors. Legally, these challenges include the lack of integration of land information systems, conflicts between customary law and positive law, and transfers of inheritance without unanimous consent of all heirs. Non-legally, obstacles involve low legal literacy, strong family traditions, inaccurate land data, and internal family conflicts.

Authors

Publication Details

Journal
International Journal of Judicial Law
Published
2025-01-01
DOI
https://doi.org/10.54660/ijjl.2025.4.4.59-69
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
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article

Application of the Nemo Plus Juris Transferre Potest Quam Ipse Habet Principle in the Transfer of Land Rights

Arba Arba, Afifatun Najwa, Diangsa Wagian
International Journal of Judicial Law
Legal Studies and Policies
article

Application of the Nemo Plus Juris Transferre Potest Quam Ipse Habet Principle in the Transfer of Land Rights

Arba Arba, Afifatun Najwa, Diangsa Wagian
article en

Abstract

This study aims to analyze the role of the Land Titles Registrar (PPAT) in applying the principle of Nemo Plus Juris transferre potest quam ipse habet during land rights transfers in Central Lombok, West Nusa Tenggara Province, Indonesia, and to identify the obstacles to implementing this principle during land rights transfers. The research method employed is empirical legal research, using legislative, sociological, and conceptual approaches. The study concludes that Land Titles Registrar's role in applying the principle of nemo plus juris transferre potest quam ipse habet is to ensure the validity of land rights transfers by verifying the authenticity of certificates, the consistency of legal and physical land data with records at the Land Office, and the identity of the parties involved. Additionally, Land Titles Registrar ensures that the party transferring the rights is indeed the lawful rights holder, based on the certificate and supporting documents. Obstacles to applying the principle of nemo plus juris transferre potest quam ipse habet include both legal and non-legal factors. Legally, these challenges include the lack of integration of land information systems, conflicts between customary law and positive law, and transfers of inheritance without unanimous consent of all heirs. Non-legally, obstacles involve low legal literacy, strong family traditions, inaccurate land data, and internal family conflicts.

International Journal of Judicial LawVol. 4(4)
Openalex Percentile: Top 69%
Legal Studies and Policies
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