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p-Index From 2021 - 2026
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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry
Della Safitri Febriani
Universitas Islam Sultan Agung Semarang
Law, Crime, Criminology & Criminal Justice

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Kepastian Hukum dalam Penyelesaian Sengketa Tanah Akibat Tumpang Tindih Sertifikat Hak Atas Tanah Studi Putusan (Nomor : 237/Pdt.G/2024/PN Smg Jo. Nomor 224/PDT/2025/PT SMG Jo. Nomor 5189 K/PDT/2025) Della Safitri Febriani; Umar Ma’ruf
Journal of Legal, Political, and Humanistic Inquiry Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/8r7cwt38

Abstract

Overlapping land title certificates are one of the land-related issues that create legal uncertainty and cause losses for rights holders. This study aims to analyze the legal considerations of the Panel of Judges in resolving disputes involving overlapping Certificates of Ownership (SHM) and Certificates of Right to Build (SHGB) based on Judgment No. 237/Pdt.G/2024/PN Smg Jo. No. 224/PDT/2025/PT SMG in conjunction with No. 5189 K/PDT/2025, as well as to analyze the legal liability of the parties and the Semarang City Land Office. This study employs a normative legal approach with a descriptive-analytical focus. Data consisting of primary, secondary, and tertiary legal sources were collected through literature and document reviews and analyzed qualitatively. The results indicate that the Panel of Judges provided legal certainty by prioritizing the certificate issued first, based on valid evidence, history of possession, and legal provisions. Legal liability is imposed on parties who possess the land without legal title, as well as on the Semarang City Land Office, through the cancellation and correction of certificates to ensure legal certainty and protection.  
Co-Authors Umar Ma’ruf