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All Journal Greenation International Journal of Law and Social Sciences
Diana Tantri Cahyaningsih
Universitas Sebelas Maret, Jawa Tengah, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Validity of Canceling A Land Certificalte of The Regional Office of The National Land Agency Based on A District Court Decision That Has Permanet Legal Force Hendra Wasaraka; Lego Karjoko; Diana Tantri Cahyaningsih
Greenation International Journal of Law and Social Sciences Vol. 3 No. 1 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (March 202
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i1.380

Abstract

The validity of the legal act of canceling a land title certificate refers to the validity of the legal process and substance underlying the cancellation decision, as stipulated in Law No. 5/1960 on Basic Agrarian Principles (UUPA) and Ministerial Regulation No. 21/2020. This validity relies on the fulfillment of formal requirements, such as correct administrative procedures (application submission, document verification, and issuance of the decision by the National Land Agency), as well as material requirements, such as legal ownership and the absence of unresolved disputes. Certificate cancellation can be considered invalid if there are legal defects in its implementation, such as abuse of authority, using the wrong legal rules, violation of procedures, or non-compliance with general principles of good governance (AUPB), and regarding these errors, the aggrieved party can demand that it be canceled through a decision of the State Administrative Court (PTUN) or considered null and void. Administrative law principles, such as legality, transparency, and audi et alteram partem, become benchmarks to ensure legal certainty, so that certificates as proof of ownership reflect the actual legal situation.
Co-Authors Hendra Wasaraka Lego Karjoko