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All Journal Journal Indonesia Law and Policy Review (JILPR) Jurnal Penelitian dan Pengabdian Masyarakat Jotika ANDREW Law Journal Jotika Research in Business Law
Hasnati
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Journal Indonesia Law and Policy Review (JILPR)

 1 
ISSUANCE OF LAND TITLE CERTIFICATES AS LEGAL CERTAINTY GUARANTEE FOR LAND TITLE HOLDERS Prihatmaka, Wahyu; Hasnati; Yetty
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2025): Journal Indonesia Law and Policy Review (JILPR), October 2025
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i1.471

Abstract

Ownership of land that is not supported by sufficient evidentiary strength is vulnerable to unilateral claims, forced takeovers, and even criminalization of ownership. A certificate, which should serve as a legal shield for the owner, may instead become the source of disputes if the issuance process is not carried out in accordance with legal norms. In this context, the legal protection theory developed by Philipus M. Hadjon becomes relevant, which states that legal protection should not only be reactive in the event of rights violations but must also be preventive through orderly and transparent administrative systems and procedures. The objective of this research is to analyze the legal regulation of land title certificate issuance as a guarantee of legal certainty for land rights holders and to examine the legal implications of such issuance. The method employed is normative legal research. Based on the results of the study, it is found that the legal regulation regarding the issuance of land title certificates as a guarantee of legal certainty has been systematically stipulated in various laws and regulations, especially in Law Number 5 of 1960 concerning Basic Agrarian Principles (UUPA) and Government Regulation Number 24 of 1997 concerning Land Registration. The issuance of certificates is the final result of the land registration process conducted by the National Land Agency (BPN) and holds legal force as legitimate legal proof of ownership. Certificates provide both administrative and judicial legal guarantees over land owned by an individual, while simultaneously creating legal certainty and legal security in every land transaction. The legal implications of the issuance of land title certificates as a guarantee of legal certainty for landholders include, among others, that the certificate confers legitimacy of ownership to a legal subject over a specific parcel of land. The certificate serves as prima facie evidence, which places the certificate holder in a strong legal position in land disputes, unless there is compelling evidence to the contrary. However, if the certificate is legally flawed due to procedural errors, data falsification, or abuse of authority by land officials, then the certificate may be annulled based on a court decision with permanent legal force. In such cases, the consequence is the loss of ownership rights and the potential imposition of legal liability on the owner and the responsible officials, including civil and criminal accountability.
JURIDICAL REVIEW AGAINST REJECTION OF PEACE IN THE CASE OF BONDED COMPANY Alfitra Rinaldo; Hasnati; Indra Afrita
JILPR Journal Indonesia Law and Policy Review Vol. 2 No. 2 (2021): Journal Indonesia Law and Policy Review (JILPR), February 2021
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (236.77 KB) | DOI: 10.56371/jirpl.v2i2.45

Abstract

Parties who take the initiative to apply for PKPU are generally debtors, namely debtors who are unable or expected to be unable to continue paying their debts, PKPU requests can also come from creditors who have calculated that the debtor will no longer be able to pay the debt. -the debt. The formulation of the problem in this research is how is the juridical review of the bankrupt company, how is it?Juridical Review of Refusal of Peace in Bankrupt Companies, and howLegal Consequences of Refusal of Reconciliation in Cases of Bankrupt Companies. The purpose of this study is to analyze the juridical review of the bankrupt company, to analyze the Juridical Review of Refusal of Peace in Bankrupt Companies, and To Analyze Legal Consequences of Refusal of Reconciliation in Cases of Bankrupt Companies.This research method is normative legal research. The conclusion in this study has answered the problems that arise, namely the Juridical Review of Bankrupt Companies that companies that have problems in their ability to fulfill their debt obligations take various alternative settlements. They can negotiate a request for debt relief, either in part or in full. They can also sell some of their assets or even their business, they can also convert the loan into equity participation, besides the possibility that the company can also negotiate a request for a postponement of debt repayment obligations as a final solution, then a solution is taken through the bankruptcy process if the peace process is not reachedJuridical Review of Refusal of Peace in Bankrupt Companies that Peace in bankruptcy is the right of the bankrupt debtor to file it. Legal Consequences of Refusal of Reconciliation in Cases of Bankrupt Companies that the continuation of the debtor's business due to the refusal of reconciliation is still possible in order to increase or at least maintain the value of the debtor's assets. The proposal to continue a bankrupt debtor company must be accepted if it is approved by the creditor representing ½ of all recognized and temporarily accepted receivables.
Co-Authors Afrita, Indra Alfitra Rinaldo Andrew Shandy Utama andrew shandy utama, andrew shandy Prihatmaka, Wahyu sandra dewi Yetty