ANALISIS YURIDIS PUTUSAN PENGADILAN TINGGI TATA USAHA NEGARA NOMOR 284/B/2016/PT.TUN-SBY MENGENAI PERBUATAN MELAWAN HUKUM TERKAIT CACAT PROSEDUR DALAM PENERBITAN SERTIFIKAT HAK ATAS TANAH

Abstract

The issuance of land title certificates aims to provide legal certainty for rights holders. However, certificates, as strong evidence, can still be revoked if administrative defects are discovered during the issuance process. This study aims to analyze the judge's reasoning in the State Administrative High Court Decision Number 284/B/2016/PT.TUN-SBY and analyze the legal consequences of this decision on the validity of Land Title Certificate Number 1311. This study uses a normative legal research method with a statutory and case-based approach. The legal materials used consist of primary legal materials in the form of laws and court decisions, and secondary legal materials in the form of books, journals, and relevant legal literature. The analysis was conducted qualitatively using descriptive methods. The results indicate that the Panel of Judges annulled Land Title Certificate Number 1311 due to proven administrative procedural defects in the form of failure to announce physical and legal data as stipulated in Article 26 of Government Regulation Number 24 of 1997. The judges also considered substantial defects in the form of inconsistencies between the data on the subject and object of the rights, which supported the grounds for cancellation. The decision was based on violations of statutory provisions and the General Principles of Good Governance. The legal consequence of this decision is that Land Title Certificate No. 1311 is declared null and void in the portion proven to give rise to overlapping rights, thereby losing its legal force and requiring adjustments to land administration in accordance with the ruling.