%A NIM.: 22103040199 Zein Adam Soemantri
%O Dr. M. Misbahul Mujib, S.Ag., M.Hum.
%T PERLINDUNGAN HUKUM PEMEGANG SERTIFIKAT HAK ATAS TANAH AKIBAT PEMBLOKIRAN OBJEK SITAAN BLBI (STUDI KASUS DESA SUKAHARJA DAN DESA SUKAMULYA KABUPATEN BOGOR)
%X Land title certificates constitute strong evidence of land rights. In Sukaharja and Sukamulya Villages, Bogor Regency, however, mass blocking and land-service restrictions were imposed because parcels in both villages were linked to collateral provided by PT Perkebunan dan Peternakan Nasional Gunung Batu and the enforcement of Supreme Court Decision No. 1622 K/Pid/1991 as part of Bank Indonesia Liquidity Assistance (BLBI) asset recovery. This area-based measure prevented certificate holders from conducting legal transactions, although the connection between individual parcels and the confiscated assets had not been verified. This study examines the available legal protections and the implications of mass blocking for legal certainty.
This study employed an empirical legal approach with a descriptive-analytical design. Primary data were obtained through interviews with the village secretaries of Sukaharja and Sukamulya and field observations; secondary data were collected through a literature review of legislation, court decisions, official documents, and legal scholarship. The data were analyzed qualitatively. The analysis applied Philipus M. Hadjon’s theory of legal protection, which distinguishes preventive and repressive protection, and Jan M. Otto’s theory of real legal certainty.
The findings show that legal protection is normatively available but has not operated effectively or coherently. Preventive protection through land registration, certification, and the recording of physical and legal data has been undermined because restrictions were imposed by administrative territory rather than parcel-specific identification and verification. Repressive remedies include administrative objections, land mediation, Ombudsman complaints, and proceedings before the State Administrative Court or general courts, depending on the disputed object. Blocking neither extinguishes land rights nor invalidates certificates, but restricts sale, gifts, inheritance registration, and the creation of Mortgage Rights. Under Otto’s theory, real legal certainty remains suboptimal because operational rules are insufficiently clear, implementation across institutions is inconsistent, the grounds and duration of restrictions lack transparency, and remedies have not achieved comprehensive restoration. The partial reopening of services in 2025 was corrective but not final; resolution requires parcel-specific verification, immediate restoration of unrelated parcels, and clear legal grounds for remaining restrictions.
%K Perlindungan Hukum, Sertifikat Hak Atas Tanah, Pemblokiran, Aset BLBI, Kepastian Hukum
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib78859