Research Article
Understanding of The Decision of Court As A Basis of Cancellation of Land Rights
@INPROCEEDINGS{10.4108/eai.1-7-2020.2303618, author={Ayu Maulidina Larasati and Aprila Niravita}, title={Understanding of The Decision of Court As A Basis of Cancellation of Land Rights}, proceedings={Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2021}, month={1}, keywords={court decision; cancellation of land rights}, doi={10.4108/eai.1-7-2020.2303618} }- Ayu Maulidina Larasati
Aprila Niravita
Year: 2021
Understanding of The Decision of Court As A Basis of Cancellation of Land Rights
ICILS
EAI
DOI: 10.4108/eai.1-7-2020.2303618
Abstract
This Article aims to analyze the cancellation of land rights as a Decree of the Head of the Land Office and the Head of the Regional Office of the National Land Agency (Kanwil BPN) is done in the first two things, namely because of an error in the issuance of land rights. Second, because there is a Court Decision that must be implemented. This research is an empirical nondoctrinal/juridical research with a qualitative approach. The results showed that in the cancellation of Property Rights Number 1362 / Jabung BPN Regional Office of Central Java Province did not implement the decision, but made the Criminal Decision No. 222 / Pid.B / 2016 / PN.Smg. Jo 209 / Pid / 2016 / PT.SMG Jo 1412K / Pid / 2016 as supporting data in the cancellation study to prove an error in the registration of land rights, so that the Head of the Regional Office of the Central Java BPN can issue a decision on the cancellation of land rights without prior to the cancellation decision. from the State Administrative Court in accordance with the principle contrarious actus. The cancellation authority lies with the Central Java BPN Regional Office so that the Head of the Semarang City Land Office submits the results of the analysis to the Central Java BPN Regional Office for review, field inspection and exposure. Then the Head of the Regional Office of BPN in Central Java Province issued a decree on the cancellation of land rights number 07 / Pbt / BPN.33 / IX / 2019.
