Tanggung Jawab Kepala Kantor Pertanahan Terhadap Pemilik Sertifikat Hak Milik Atas Tanah Yang Dibatalkan Pengadilan Tata Usaha Negara

Maulidaen Rustandi, Rizka and Suhermanto, Suhermanto and Ardianto Iskandar, Eka (2020) Tanggung Jawab Kepala Kantor Pertanahan Terhadap Pemilik Sertifikat Hak Milik Atas Tanah Yang Dibatalkan Pengadilan Tata Usaha Negara. Skripsi thesis, Universitas Pakuan.

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Abstract

The certificate is a product of land registration and the agency authorized to carry out land registration is the Head of the Land Office. In the certificate of land rights that have been registered there are many possibilities of legal defects that arise and as a result will cause a problem that results in the cancellation request. Provisions to revole certificates of land rights including certificates of ownership over land are with the Head of the Land Office, where the Head of the Land Office has the obligation to carry out court decisions that already have permanent legal force over the application that has been submitted in the decision to cancel the certificate. This type of research in writing this law is normative juridical with the nature of descriptive anaiytical research, while data collection techniques using library resgarch and field research, as well as qualitative data processing. The responsibility of the Head of the Land Office to the owner of the certificate of ownership of the land that is canceled when viewed from the position responsibilities, the Head of the Land Office is responsible for the position, both civil and administrative responsibility. This is because the authority of the B the Land Office in issuing the decision to cancel the certificate of ownership of the land is the authority obtained by the sub-delegation, so that responsibility and accountability remain with the sub-delegation recipient, namely the Head of the Land Office. While personal responsibility is the responsibility associated with maladministration, namely the deviant behavior of governinent officials towards the laws and general principles of good governance, so that the responsibility of the Head of the Land Office to the owner of the certificate of ownership of the land that is canceled the Head of the Land Office has been proven guilty of maladministration in handling requests for the cancellation of certifi ownership of land. This is due in relation to personal responsibility, not seeing the source of authority obtained by officials or government officials to carry out certain legal actions and unknown superiors are responsible for the actions of subordinates. As a result of the legal cancellation of certificates of ownership rights over land, i.e. the certificates are invalid or do not have permanent legal force, so certificates of ownership of the land are considered to have never existed or were never issued. Other legal consequences, namely the party that issued the decision to cancel the certificate can be sued by the holder of the certificate that is harmed due to the cancellation of the certificate of ownership of the land.

Item Type:	Thesis (Skripsi)
Subjects:	Fakultas Hukum > Umum > Tanah/Pertanahan
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	PERPUSTAKAAN FAKULTAS HUKUM UNPAK
Date Deposited:	29 Aug 2022 14:12
Last Modified:	29 Aug 2022 14:12
URI:	http://eprints.unpak.ac.id/id/eprint/2384

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