Penyelesaian Sengketa Perselisihan Kepemilikan Objek Tanah yang telah Terbit dengan Sertifikat Ganda (Analisis Putusan Mahkamah Agung Nomor 2604 K/Pdt/2017)

Abstract

The problem of dual land certificates is still a serious issue in the land system in Indonesia. This phenomenon occurs when there are two or more land title certificates issued for the same land object, which not only creates legal uncertainty for land rights holders but also has the potential to trigger prolonged conflict between parties claiming ownership. As seen in the case decided by the Supreme Court through Decision Number 2604 K / Pdt / 2017. The formulation of this problem is what are the factors that can cause the issuance of dual certificates for a land object, the process of resolving land disputes in cases of land ownership with dual certificates, and the legal considerations of the Supreme Court in resolving land ownership disputes with dual certificates in the case of Decision Number 2604 K / Pdt / 2017. The method used is the normative legal research method, namely a method that refers to legal norms carried out by means of literature studies in order to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the problems studied, this research has a descriptive nature, and the data is analyzed qualitatively. Based on the research results, it can be concluded that the problem stems from systemic weaknesses in Indonesian land administration, including an unintegrated registration system, inaccurate physical and legal data, disorderly administration, lack of coordination between agencies, and a negative publication system with a positive tendency. Although dispute resolution can be carried out through litigation or mediation, the case of Supreme Court Decision Number 2604 K/Pdt/2017 shows weaknesses in the legal considerations of the court which rely too much on the formal aspects of issuing certificates while ignoring important facts such as the testimony of related parties, differences in administrative areas, and aspects of physical control of the land, so that an update to the land registration system and a more comprehensive approach are needed in resolving disputes in the future.