PERLINDUNGAN HUKUM BAGI PEMOHON SEBAGAI PENUNJUK BATAS YANG MENIMBULKAN TUMPANG TINDIH SERTIPIKAT TERKAITKEWENANGAN KANTOR PERTANAHAN

Abstract

In the land registration process in Indonesia, the surveying of the land parcel is a key stage; when the land parcel is being surveyed, the applicant must indicate the boundaries in good faith and adhere to administrative procedures. The designation and determination of boundaries mark the inception of legal protection. If an applicant errs in indicating the boundaries of their land parcel, the responsibility lies entirely with the applicant; state administrative officials cannot be held liable for errors stemming from information or statements provided by the applicant due to oversight, negligence, or mistake. The research addresses two issues: the authority of the Land Office regarding boundary designations by applicants that result in overlapping land titles, and the legal protection afforded to applicants who designate boundaries that lead to such overlaps. This study employs Philipus M. Hadjon’s theory of authority and Satjipt. The research method used in this study is a type of normative legal research, namely legal research with literature studies based on primary, secondary and tertiary legal sources. The research approaches used are the Legislation Approach, Conceptual Approach, Analytical Approach and Case Approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal materials. For the legal material analysis technique, it is carried out with grammatical interpretation, Systematic interpretation, Analogy Construction and legal refinement construction. The research concludes that the applicant must observe administrative procedures as well as the principles of contradictory delimitation, the negative publication principle with positive tendencies, and the communal principle; the applicant bears full responsibility for any boundary overlaps arising from the land boundary designation. Preventive legal protection is afforded if the applicant complies with the administrative requirements set forth in ATR/BPN Ministerial Regulation No 16/2021 which amends ATR/BPN Ministerial Regulation No 3/1997 regarding the implementation of Government Regulation No 24/1997 on Land Registration. Repressive legal protection is obtained through court litigation or mediation facilitated by the Land Office.