Penyelesaian Sengketa Sertifikat Hak Atas Tanah Yang Tumpang Tindih Di Desa Tanah Merah Secara Mediasi Oleh Kantor Pertanahan Kabupaten Kupang

LAY, Benediktus Peter and KEY, Monika Ivana Pretty and LADO, Cristoforus Darwin Dadi and PATTY, Maria Brigita and DAA, Maria Yosefina Bebhe and PRAWIANTARI, Ni Komang Enjel and MAUK, Aprilia Devita (2024) Penyelesaian Sengketa Sertifikat Hak Atas Tanah Yang Tumpang Tindih Di Desa Tanah Merah Secara Mediasi Oleh Kantor Pertanahan Kabupaten Kupang. Jurnal Penelitian Multidisiplin Terpadu, 8 (6). pp. 2118-7452. ISSN 2118-7452

Text PENYELESAIAN SENGKETA SERTIFIKAT HAK ATAS TANAH YANG TUMPANG TINDIH DI DESA TANAH MERAH SECARA MEDIASI OLEH KANTOR PERTANAHAN KABUPATEN KUPANG.pdf Restricted to Repository staff only Download (213kB)

Abstract

Soil is very closely related to human life. Everyone certainly needs land, not just in life, even to die,humans still need a plot of land. Land is essentially the most basic need for every person, so the presence of the state is to guarantee that every person can have their land ownership rights protected. Land is so important to humans that it gives rise to the desire to control and own it. This 1011 sense of wanting to own will ultimately lead to land disputes. Overlapping certificates occur because there are two certificates on one plot of land that are officially issued by the national land agency. As a result of overlapping rights, either in whole or in part, this causes losses for land owners. The problems that will be discussed in this research are what factors cause Overlapping Land RightsCertificate Disputes in Tanah Merah Village, Central Kupang District and how to resolve overlapping land rights certificate disputes through mediation between two parties in accordance with the Standards. Operations and Procedures (SOP) that have been established based on Ministerof Agrarian Regulation Number 21 of 2020 concerning Handling and Settlement of Land Cases, namely by mediation by bringing in both parties with the Head of the Land Office as Mediator. Meanwhile, the legal consequences when a double certificate occurs will cause the certificate to not guarantee legal certainty. The aim of this research is to determine the factors that cause overlapping land title certificate disputes and the resolution of overlapping land title certificate disputes in Tanah Merah Village, Central Kupang District through mediation by the Land Office of Kupang Regency, East Nusa Tenggara Province. The method used in this research is an empirical legal research method that uses primary data and secondary data. Primary data was obtained from the results of interviews conducted at the Kupang district land office, East Nusa Tenggara Province and secondary data was obtained from literature studies related to overlapping land title certificate disputes whose resolution process was through mediation, and various theories and articles. articles relating to overlapping land title certificates as an addition to this writing. Because basically there is only one ownership status for a plot of land. So the conclusion is that the certificate is strong evidence as long as the other party does not prove otherwise.

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