KEPASTIAN HUKUM BAGI PEMEGANG SERTIFIKAT HAK MILIK AWAL TERHADAP TUMPANG TINDIH PENERBITAN SERTIFIKAT MELALUI PTSL

Abstract

Land disputes, particularly those involving the overlapping issuance of land title certificates, remain a problem in land registration in Indonesia. The Complete Systematic Land Registration Program (Pendaftaran Tanah Sistematis Lengkap/PTSL), based on Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018, aims to provide legal certainty and legal protection. However, in practice, PTSL certificates are still found to overlap with previously issued Certificates of Ownership (Hak Milik), thereby creating legal uncertainty for holders of the original certificates. The research questions in this thesis are: how are disputes over the issuance of overlapping Certificates of Ownership resolved, and how is legal certainty provided to holders of original Certificates of Ownership in relation to the issuance of PTSL certificates? This research employs Rachmadi Usman's theory of dispute resolution and M. Yahya Harahap's theory of legal certainty. The research method used is normative juridical research, namely legal research conducted through a literature study based on primary, secondary, and tertiary legal materials. The research approaches used are the statutory, conceptual, analytical, and case approaches. The collection of legal materials was conducted through the identification and inventory of positive legal regulations, books, journals, and other legal sources. The analysis of legal materials was carried out using grammatical interpretation, systematic interpretation, and analogical construction. The results of the research indicate that disputes over overlapping Certificates of Ownership resulting from PTSL can be resolved through mediation at the Land Office/National Land Agency (BPN) or through litigation before the Administrative Court (PTUN) or the District Court, according to their respective jurisdictions. Based on Rachmadi Usman's theory of dispute resolution, settlement emphasizes Alternative Dispute Resolution (ADR), such as negotiation, mediation, and conciliation, by prioritizing deliberation and agreement. Dispute resolution should be preceded by an examination of the validity of the issuance, including administrative procedures, ownership history, and the conformity of physical and juridical data. Furthermore, according to M. Yahya Harahap's theory of legal certainty, legal certainty requires clarity regarding the status, subject, and object of rights, as well as protection of rights lawfully acquired. The integration of these two theories shows that legal certainty for holders of original Certificates of Ownership is determined not only by the existence of a certificate, but also by the validity of the issuance process and the availability of effective dispute resolution mechanisms. If errors or administrative defects are found in the issuance of certificates through PTSL that prejudice the lawful holder of the right, legal remedies must be available to restore such rights. The researcher recommends that the Land Office/National Land Agency (BPN) improve the accuracy of physical and juridical data verification in the issuance of certificates through PTSL and optimize mediation and legal remedies to provide protection and restoration of rights for lawful holders of original Certificates of Ownership.