PENYELESAIAN HUKUM TERHADAP PENERTIBAN SERTIFIKAT HAK ATAS TANAH YANG CACAT HUKUM ADMINISTRASI PADA KANTOR PERTANAHAN KOTA BAUBAU

Abstract

This study aims to determine and analyze the legal settlement of land
rights certificates with administrative law defects at the Baubau City Land Office
and to find out and analyze the obstacles in resolving the Law on Ordering Land
Rights Certificates with Administrative Law in the City Land Office. Baubau.
This research was conducted in Buabau City, Southeast Sulawesi Province, to be
precise at the National Land Agency of Baubau City. Data and information
collection is carried out by the author at the Land Office of the city of Baubau.
Types and sources of data obtained are through interviews as primary data and are
supported by secondary data from books, laws and regulations and others. The
data obtained will be processed and analyzed based on the formulation of the
problem so that a clear picture can be obtained and then analyzed by qualitative
data analysis which is presented descriptively, namely explaining, describing and
describing clearly and concretely of the object discussed in order to obtain an
answer that is in accordance with the problem closely. relation to this research.
Based on the data analysis, the following results were obtained: (1) The
legal settlement for the issuance of a certificate of land title which has
administrative law defects at the Baubau City Land Office is the cancellation of
land rights. What is meant by a certificate that has administrative law defects in
research is a certificate containing procedural errors, errors in the application of
statutory regulations, errors in rights subjects, errors in rights objects, errors in
types of rights, errors in area calculation, overlapping land rights, juridical data or
physical data data is incorrect; or other errors of an administrative nature; (2)
Legal protection for certificate holders who are declared to be administrative law
defect is not receiving legal protection because the certificate is canceled. The
legal remedy for the certificate holder who is declared to be administrative law
defect (the certificate is canceled) is to apply for the right to State Land which is
clearly controlled in accordance with the prevailing laws and regulations.
Keywords: Certificate, Administrative Law Disability