CD Tesis

Implikasi Pemekaran Daerah Terhadap Kewenangan Kepala Kantor Pertanahan Terkait Pembatalan Sertipikat Dalam Rangka Pelaksanaan Putusan Pengadilan Yang Telah Berkekuatan Hukum Tetap

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Basically all the decisions or statutes are published both by the ministry of
ATR/BPN, the Head Office of the BPN Province, and the Head of the Land Office
can be disputed in the presence of the judicial administration of the state, if the
cause of loss to the citizens or legal entities that civil nested decision, one of them
is the cancellation to the Certificate. Article 33 of the Regulation of the Minister
of ATR/BPN No. 21 2020 about the Handling and Settlement of the Land given
some authority to the Head of the Land Office relating to the cancellation of the
certificate in the order of execution of court decisions that have permanent legal
force. The problems arise when it filed a petition for cancellation of the product
law of the land above the ground plane which has changed the administration
area due to the presence of regional expansion. This gives rise to the ambiguity of
the administration in the process, because of the expansion area has implications
for changes in land data. This study discusses the implications of the expansion of
the area and the rules that choice related to the authority of the Head of the Land
Office in pembatalah certificate in the framework of the execution of court
decisions that have permanent legal force to the plane of the ground has shifted
the administration area. The type of research used is normative legal research on
the synchronization of the law in the vertical and horizontal. From the data
collected, this Study discusses the extent to which the compatibility of certain
legislation vertically and horizontally.
Refer from the restrictions of the authority as it has been regulated by Law
Number 30 Year 2014 about the Administration of Government, where the Head
of the Land Office continued to carry out the cancellation of the certificate
without set clear provision of its authority in Article 33 of Regulation of the
Minister of ATR/BPN No. 21 2020 about the Handling and Settlement of the Land
, then so can cause an indication of the unlawful actions of the authority in terms
of the region (onbevoegdheid ration loci). For the achievement of the rules that
are ideal for the authority of the Head of the Land Office in pembatalah
certificate in the framework of the execution of court decisions that have
permanent legal force, then the provisions of the Regulation of the Minister of
ATR/BPN No. 21 2020 about the Handling and Settlement of the Land can be
carried out the renewal of the law.
Keywords : Cancellation, Certificate, Regional Expansion, Head of the Land
Office, the Verdict of the Court.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0015)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

viii, 96 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0015)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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