IMPLEMENTASI RECHTSVERWERKING DALAM MENJAMIN KEPASTIAN HUKUM PADA PENDAFTARAN TANAH DI KOTA YOGYAKARTA

INDAH FITRI ANGGRAENI, NIM.: 17103040081 (2021) IMPLEMENTASI RECHTSVERWERKING DALAM MENJAMIN KEPASTIAN HUKUM PADA PENDAFTARAN TANAH DI KOTA YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The publication system applied in land registration in Indonesia is positive publication with a negative tendency. This publication system results in the certificate of ownership not being absolute but strong. This strong nature makes it possible for the owner of the title certificate to be sued by other parties. In overcoming the publication system, there is a customary law institution that aims to overcome the weaknesses of the negative publication system, namely the rechtsverwerking institution . Application of rechtsverwerking is in Article 32 Paragraph (2) Government Regulation Number 24 of 1997 concerning Land Registration. In fact, in the city of Yogyakarta, there are a number of cases stating that there have been claims from outside parties against land that has been certified for years. This certainly does not guarantee legal certainty for the owner of land title certificates. The purpose of issuing a certificate of ownership is to guarantee legal certainty for the owner of land rights. Based on this background, the compolers are trying to find out whether rechtsverwerking can create legal certainty of land rifgts in the city of Yogyakarta as well as rechtsverwerking efforts to guarantee legal certainty. This research is typically field research , where the data is obtained through interviews with land office employees and PTUN judges. The nature of the research is descriptive-analytical, namely by disclosing laws and regulations relating to legal theories, and their implementation in society with respect to the object of research. After the required data has been collected, the problem will be formulated and analyzed qualitatively. The author also takes a juridicalempirical approach , namely discussing the application of rechtsverwerking in the field with normative legal provisions. According to the results of this study it can be concluded that the implementation of rechtsverwerking in the city of Yogyakarta has not been implemented completely. The existence of this rechtsverwerking cannot guarantee absolute legal certainty of land rights. This occurs because the land registration system in Indonesia which adheres to a positive system has a negative tendency, so that owners of ownership certificates are still likely to get sues from other parties. Efforts that can be made to ensure maximum compliance are by issuing a special law on land which is hierarchically higher than the Government Regulation.

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