LEGAL BRIEF
Vol. 14 No. 6 (2026): Law Science and Field

Legal Certainty and Protection for Original Certificate Holders in Disputes Regarding the Issuance of Replacement Certificates

Tjitrasmoro, Dewani Kireina (Unknown)
Djaja, Benny (Unknown)



Article Info

Publish Date
12 Jan 2026

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

Copyrights © 2026






Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...