Nurani Hukum : Jurnal Ilmu Hukum
Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio

Reevaluating the Application of Contrarius Actus Principle in Land Case Resolution

Maloko, Fahruddin (Universitas Khairun Ternate)
Alting, Husen (Universitas Khairun Ternate)
Rumkel, Nam (Universitas Khairun Ternate)



Article Info

Publish Date
05 Jun 2025

Abstract

This research addresses the urgent national issue of land disputes in Indonesia, where legal certainty is paramount. The National Land Agency (BPN) has the authority to cancel land certificates it issues, based on the contrarius actus principle, but its application is inconsistent across different types of land cases. This leads to legal ambiguity and a lack of effectiveness, particularly when third parties are involved. The novelty of this study lies in its focused analysis of this specific inconsistency, highlighting how the BPN's reluctance to use its authority in certain disputes undermines legal certainty. The research's will be contrributed on the of proposed regulatory overhaul to strengthen the BPN's authority to cancel certificates without causing unintended legal consequences, thereby ensuring more effective and fair resolution of land cases.

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Journal Info

Abbrev

nhk

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law ...