Custodia: Journal of Legal, Political, and Humanistic Inquiry
Vol 2 No 1 (2026): : September: Custodia: Journal of Legal, Political, and Humanistic Inquiry

Kepastian Hukum dalam Penyelesaian Sengketa Tanah Akibat Tumpang Tindih Sertifikat Hak Atas Tanah Studi Putusan (Nomor : 237/Pdt.G/2024/PN Smg Jo. Nomor 224/PDT/2025/PT SMG Jo. Nomor 5189 K/PDT/2025)

Della Safitri Febriani (Universitas Islam Sultan Agung Semarang)
Umar Ma’ruf (Universitas Islam Sultan Agung Semarang)



Article Info

Publish Date
02 Sep 2026

Abstract

Overlapping land title certificates are one of the land-related issues that create legal uncertainty and cause losses for rights holders. This study aims to analyze the legal considerations of the Panel of Judges in resolving disputes involving overlapping Certificates of Ownership (SHM) and Certificates of Right to Build (SHGB) based on Judgment No. 237/Pdt.G/2024/PN Smg Jo. No. 224/PDT/2025/PT SMG in conjunction with No. 5189 K/PDT/2025, as well as to analyze the legal liability of the parties and the Semarang City Land Office. This study employs a normative legal approach with a descriptive-analytical focus. Data consisting of primary, secondary, and tertiary legal sources were collected through literature and document reviews and analyzed qualitatively. The results indicate that the Panel of Judges provided legal certainty by prioritizing the certificate issued first, based on valid evidence, history of possession, and legal provisions. Legal liability is imposed on parties who possess the land without legal title, as well as on the Semarang City Land Office, through the cancellation and correction of certificates to ensure legal certainty and protection.  

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Journal Info

Abbrev

custodia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish ...