Critical View Of The Existence Of Article 32 Paragraph (2) Of Government Regulation Number 24 Of 1997 Concerning Land Registration For Land Rights Certificates (Case Study In Medan City)

Feb 27, 2025 by ADMIN 187 views

Critical View of the Existence of Article 32 Paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration for Land Rights Certificates (Case Study in Medan City)

Introduction

The Government Regulation (PP) Number 24 of 1997 concerning Land Registration, which replaced PP Number 10 of 1961, was motivated by the awareness of the importance of the role of land in development that requires legal certainty. The publication system in land registration as regulated in the Agrarian Act (UUPA) and PP Number 10 of 1961 uses a negative publication system, which raises doubts about the guarantee of legal certainty for land certificate owners. This is because they are vulnerable to ownership suit from other parties. In this context, the existence of Article 32 paragraph (2) of PP Number 24 of 1997 is crucial in creating legal certainty and legal protection for land certificate owners.

Background of the Study

The main purpose of land registration is to provide legal certainty and certainty of the rights of land ownership. Land certificates function as strong evidence of ownership of land rights. However, the legal force of the certificate is not absolute and can still be paralyzed by other evidence that can prove the opposite. The accountability of the Land Office in issuing problematic land certificates in Medan can still be asked civilly, administratively, and compensation. This study aims to provide a critical view of the existence of Article 32 paragraph (2) of PP Number 24 of 1997 concerning land registration for land rights certificates in Medan City.

Methodology

This study uses an analytical descriptive method with a normative juridical approach. Data was collected through interviews and literature studies, and analyzed qualitatively. The study focuses on the implementation of Article 32 paragraph (2) of PP Number 24 of 1997 by the authorities in Medan City and its impact on land certificate owners.

The Importance of Article 32 Paragraph (2) of PP Number 24 of 1997

Article 32 paragraph (2) of PP Number 24 of 1997 provides a five-year time limit for the legal force of the certificate. This provision confirms the strength of the certificate as a strong evidence for five years, as long as it is obtained in good faith. This aims to reduce the anxiety of land certificate holders against other parties' claims. The implementation of this article by the authorities is important to create legal certainty and the certainty of land rights for certificate owners.

The Role of the National Land Agency (BPN)

The National Land Agency (BPN) is only responsible as a witness and helps in solving problems. However, BPN must be responsible both formally and materially on the certificate it issued. This means that BPN must ensure that the land certificates issued are accurate and valid, and that any errors or discrepancies are addressed promptly.

Additional Analysis and Explanation

Article 32 paragraph (2) of PP Number 24 of 1997 provides a five-year time limit for the legal force of the certificate. This raises questions regarding the effectiveness of this article in the long run. Periodic evaluation needs to be done to determine whether this time limit is still relevant to the latest conditions. This is because the legal landscape is constantly evolving, and what may have been effective in the past may not be effective in the present.

Conclusion

The existence of Article 32 paragraph (2) of PP Number 24 of 1997 is important in creating legal certainty and legal protection for land certificate owners in the city of Medan. However, it is necessary to apply and implement consistently and effectively by the authorities, as well as periodic evaluations to ensure the effectiveness of this article in the long run. This will help to ensure that land certificate owners have the confidence and security they need to invest in their properties and businesses.

Recommendations

Based on the findings of this study, the following recommendations are made:

The authorities should ensure that Article 32 paragraph (2) of PP Number 24 of 1997 is implemented consistently and effectively in Medan City.
Periodic evaluations should be conducted to determine whether the five-year time limit for the legal force of the certificate is still relevant to the latest conditions.
The National Land Agency (BPN) should be responsible both formally and materially on the certificate it issued.
Land certificate owners should be aware of their rights and responsibilities under Article 32 paragraph (2) of PP Number 24 of 1997.

Keywords

Critical view of existence
Accountability of the Land Office
Legal certainty
Land certificate
PP Number 24 of 1997

References

Government Regulation (PP) Number 24 of 1997 concerning Land Registration.
Agrarian Act (UUPA).
Civil Code.
National Land Agency (BPN).

Limitations of the Study

This study has several limitations, including:

The study only focuses on the implementation of Article 32 paragraph (2) of PP Number 24 of 1997 in Medan City.
The study only uses qualitative data collection methods.
The study only analyzes the legal aspects of Article 32 paragraph (2) of PP Number 24 of 1997.

Future Research Directions

Future research should focus on the following areas:

The effectiveness of Article 32 paragraph (2) of PP Number 24 of 1997 in creating legal certainty and legal protection for land certificate owners.
The role of the National Land Agency (BPN) in ensuring the accuracy and validity of land certificates.
The impact of periodic evaluations on the effectiveness of Article 32 paragraph (2) of PP Number 24 of 1997.
Q&A: Critical View of the Existence of Article 32 Paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration for Land Rights Certificates (Case Study in Medan City)

Frequently Asked Questions

Q: What is the main purpose of land registration?

A: The main purpose of land registration is to provide legal certainty and certainty of the rights of land ownership. Land certificates function as strong evidence of ownership of land rights.

Q: What is the significance of Article 32 paragraph (2) of PP Number 24 of 1997?

A: Article 32 paragraph (2) of PP Number 24 of 1997 provides a five-year time limit for the legal force of the certificate. This provision confirms the strength of the certificate as a strong evidence for five years, as long as it is obtained in good faith.

Q: What is the role of the National Land Agency (BPN) in land registration?

A: The National Land Agency (BPN) is only responsible as a witness and helps in solving problems. However, BPN must be responsible both formally and materially on the certificate it issued.

Q: What are the implications of Article 32 paragraph (2) of PP Number 24 of 1997 on land certificate owners?

A: The implementation of Article 32 paragraph (2) of PP Number 24 of 1997 by the authorities is important to create legal certainty and the certainty of land rights for certificate owners. If there is an error in the issuance of land certificates, it is necessary to do a legal mechanism to improve the legal consequences and provide compensation to the disadvantaged party based on Article 1365 of the Civil Code.

Q: What are the limitations of this study?

A: This study has several limitations, including:

The study only focuses on the implementation of Article 32 paragraph (2) of PP Number 24 of 1997 in Medan City.
The study only uses qualitative data collection methods.
The study only analyzes the legal aspects of Article 32 paragraph (2) of PP Number 24 of 1997.

Q: What are the future research directions?

A: Future research should focus on the following areas:

The effectiveness of Article 32 paragraph (2) of PP Number 24 of 1997 in creating legal certainty and legal protection for land certificate owners.
The role of the National Land Agency (BPN) in ensuring the accuracy and validity of land certificates.
The impact of periodic evaluations on the effectiveness of Article 32 paragraph (2) of PP Number 24 of 1997.

Q: What are the recommendations for the authorities and land certificate owners?

A: Based on the findings of this study, the following recommendations are made:

The authorities should ensure that Article 32 paragraph (2) of PP Number 24 of 1997 is implemented consistently and effectively in Medan City.
Periodic evaluations should be conducted to determine whether the five-year time limit for the legal force of the certificate is still relevant to the latest conditions.
The National Land Agency (BPN) should be responsible both formally and materially on the certificate it issued.
Land certificate owners should be aware of their rights and responsibilities under Article 32 paragraph (2) of PP Number 24 of 1997.

Additional Questions and Answers

Q: What is the Agrarian Act (UUPA)?

A: The Agrarian Act (UUPA) is a law that regulates land registration and provides the framework for the implementation of land registration in Indonesia.

Q: What is the Civil Code?

A: The Civil Code is a law that regulates civil law in Indonesia, including the law of property and the law of obligations.

Q: What is the National Land Agency (BPN)?

A: The National Land Agency (BPN) is a government agency responsible for the administration of land registration in Indonesia.

Q: What is the role of the Land Office in land registration?

A: The Land Office is responsible for the administration of land registration in a particular area, including the issuance of land certificates.