KEPASTIAN HUKUM TERHADAP SERTIFIKAT HAK MILIK ATAS TANAH YANG TUMPANG TINDIH

Abstract

Cases / disputes arising related to the sale and purchase of rights to land in the binding agreement on the sale and purchase of land. At the time of the sale and purchase transaction process the buyer has paid / submitted a sum of money in accordance with the agreement on the price of land to the seller, but the se ller did not immediately hand over the certificate of land rights he sold to the buyer. In this case the seller argues that the land certificate is lost, and is applying for the issuance of a new certificate at the Land Office. This study aims: (1) To describe the legal certainty of overlapping land titles, (2) legal certainty barriers to overlapping land titles.This type of research is a normative approach that is used to collect data through researching library materials and a case approach. The results of this study indicate that multiple certificate disputes occur due to administrative errors by the National Land Agency in terms of carrying out data collection or registration of land on a land object that results in the issuance of land certificates overlapping partly with someone else'sland. Based on the results of this study are expected to be material information and input for students, academics, practitioners, and all parties in need in the Faculty of Law, University of Pamulang.

Keywords: Certificates, Overlapping, Disputes, Land.