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All Journal LEGAL BRIEF
Tjitrasmoro, Dewani Kireina
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Law, Crime, Criminology & Criminal Justice

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Legal Certainty and Protection for Original Certificate Holders in Disputes Regarding the Issuance of Replacement Certificates Tjitrasmoro, Dewani Kireina; Djaja, Benny
LEGAL BRIEF Vol. 14 No. 6 (2026): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1533

Abstract

This study aims to examine the legal protections afforded to buyers under a Sales and Purchase Agreement (SPA) and the legal certainty afforded to holders of original certificates in cases of replacement certificate issuance. This research employed a qualitative method with a normative-empirical approach through a review of laws and regulations, analysis of land documents, and a review of relevant cases. The results indicate that SPA does not provide sufficient legal protection if the land does not meet administrative and material requirements, particularly when the certificate used as the basis for the transaction is proven to be administratively flawed or is in dispute. The issuance of replacement certificates, the application of the principles of legality, accuracy, and prudence, are crucial in preventing and mitigating these risks. This study emphasizes the need to strengthen verification mechanisms and administrative oversight to ensure legal protection and to avoid land disputes
Co-Authors Djaja, Benny