PELAKSANAAN PENERBITAN SERTIPIKAT PENGGANTI TERHADAP SERTIPIKAT HAK ATAS TANAH KARENA HILANG DI KANTOR PERTANAHAN KABUPATEN SRAGEN

Abstract

The purpose of this study is to review and analyze the implementation of the
issuance of a replacement certificate to the certificate of land rights in the Sragen
District Land Office. Reviewing and analyzing the obstacles experienced by the
Sragen Regency Land Office in the implementation of the issuance of replacement
certificates to land rights certificates. Review and analyze the legal standing of
replacement certificates because they are lost with old certificates.
The issuance of a certificate of replacement for land rights because it was lost in
the Sragen District Land Office was carried out to provide legal certainty and legal
protection for land rights holders who lost their land certificates. Government
Regulation No. 24 of 1997 on land registration regulates the provision of issuing
replacement certificates because they are lost, namely in Article 57 and Article 59,
and then further regulated regarding the implementation regulations on the
regulation of the minister of agrarian State / head of the national land agency
Number 3 of 1997 on the provisions of the implementation of government
regulation No. 24 of 1997 on land registration.
The method of approach in this writing is sociological juridical. The specifications
of this study use descriptive analysis. Data sources use primary data and skunder
data. Data collection techniques use interview studies and documentation. To
analyze the data, researchers use qualitative descriptive analysis methods.
The implementation of the issuance of a certificate of replacement for land rights
because it was lost by the Land Office of Sragen Regency has been in accordance
with PP No. 24 of 1997 concerning Land Registration and Regulation of the
Minister of Agrarian Affairs / Head of national land agency Number 3 of 1997
concerning the Implementation Provisions of Government Regulation Number 24
of 1997 concerning land registration, which is carried out with the following
procedures: making a cover letter in the village, reporting the loss of land
certificates to the police station, blocking the land certificate, reporting the loss of
land certificates to the Sragen District Land Office, Swearing, Announcements in
print media, Land re-measurement and issuance of replacement certificates. The
obstacles faced in the implementation of the issuance of a certificate of land rights
replacement because it is lost by the Sragen District Land Office are as follows:
Sertipikat still uses the old blanglo, so it must be re-measured, the information
provided by the Sragen District Land Office is not well received by the applicant
and the documents owned by the applicant are incomplete, the disruption of the
internet network and land rights holders died. The legal position of a replacement
certificate because it is lost with the old certificate that has the same legal power as
the certificate that is declared missing, because both are copies of the land book and
the measuring letter with the same number. Rights holders who in this case are
people who have committed legal acts (buying and selling, grants, credit
guarantees) against land rights whose proof of rights are in the form of replacement
certificates because they are lost and legally damaged have obtained legal
protection from criminal law, State Administrative Law and civil law.
Keywords: Land Rights Certificate and Issuance of Replacement Certificate.