Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia

Research Article

Legal Protection for Land Ownership Certificate Holders in Positive Indonesian Law

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  • @INPROCEEDINGS{10.4108/eai.28-5-2022.2320549,
        author={Windi  Hapsari and Sanusi  Sanusi and Nuridin  Nuridin},
        title={Legal Protection for Land Ownership Certificate Holders in Positive Indonesian Law},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, MALAPY 2022, 28 May 2022, Tegal, Indonesia},
        publisher={EAI},
        proceedings_a={MALAPY},
        year={2022},
        month={8},
        keywords={legal protection certificates and debt guarantees},
        doi={10.4108/eai.28-5-2022.2320549}
    }
    
  • Windi Hapsari
    Sanusi Sanusi
    Nuridin Nuridin
    Year: 2022
    Legal Protection for Land Ownership Certificate Holders in Positive Indonesian Law
    MALAPY
    EAI
    DOI: 10.4108/eai.28-5-2022.2320549
Windi Hapsari1,*, Sanusi Sanusi1, Nuridin Nuridin1
  • 1: Universitas Pancasakti Tegal
*Contact email: windi@upstegal.ac.id

Abstract

This study aims to describe the legal protection for holders of certificates of ownership of land in positive law in Indonesia and to find out the strength and legal certainty of holders of certificates of land rights on loan guarantees. The type of research used in this research is library research with a normative research approach. Sources of research data using secondary data sources, then analyzed by qualitative analysis with deductive thinking. The results of this study concluded that legal protection for holders of certificates of ownership of land in positive law in Indonesia, namely legal protection for holders of certificates of ownership of land as owners of land rights, namely Article 32 of Government Regulation no. 24 of 1997 concerning Land Registration. Meanwhile, the legal protection for land ownership certificate holders as mortgage recipients is the General Elucidation of Law no. 4 of 1996 concerning Mortgage on Land and Objects Related to Land Number (4). The legal force of the holder of the certificate of ownership of land on loan guarantees has the same executorial power as a court decision that has permanent legal force and is valid as a substitute for the grosse deed of hyphotheek in the implementation of parate execution.