Pembatalan Sertifikat Pengganti Yang Menyalahi Prosedur Studi Di Kantor Badan Pertanahan Nasional Kabupaten Lombok Tengah

Abstract

The purpose of this research is to know and understand about the procedure of revocation of the replacement certificate, which agency is authorized to cancel the replacement certificate, the factors causing the revocation of the certificate of land title replacement that violate the procedure at the Land Office of Central Lombok Regency, and the legal consequences of the cancellation Issuance of a substitute certificate that violates the procedure The research of this thesis uses empirical normative legal research that is conducted based on legislation and its application in concrete event using  legislation, conceptual, and sociology approach. That the procedure of revocation of the replacement certificate refers to the Regulation of the Minister of Agrarian Affairs and Spatial / National Land Agency Number 11 of 2016 on the Settlement of Land Cases, Regulation of the Minister of Agrarian Affairs / Head of National Land Agency Number 9 Year 1999 concerning Procedures for the Granting and Revocation of Land Rights and Rights of Management.

Whereas the authorized institution to make revocation of the substitute certificate violates the procedures of the Ministry of Agrarian Affairs and Spatial / National Land Agency which is delegated to the Head of Regional Office of the Ministry of Agrarian Affairs and Spatial / National Land Agency. That the factors causing the revocation of the replacement certificate Violate the procedures at the Land Office of Central Lombok Regency, namely: a. The Law Enforcement Factor, in this case, the National Land Office of Central Lombok Regency is not careful in issuing the land title replacement certificate and not checking the application of the substitute certificate issued by Budi Santoso Hardjosuwito. b. Community Factors, in this case the lack of honesty, awareness and understanding of the public in making a request for the issuance of a replacement certificate in accordance with the provisions of prevailing laws and regulations. That the effect of the revocation  law Issue a replacement certificate that violates the procedure, such as the applicant revocation of the replacement certificate may to apply for registration of the rights at the office of the land agency of Central Lombok District, whereas for the reinstatement of the revocation of the replacement certificate that the  ownership rights over the object of the dispute land has no legal force due to Canceled, but the petitioner may proffer for administrative remedy.