Analisis Yuridis Perlindungan Hukum terhadap Pemegang Hak Atas Penerbitan Sertipikat Pengganti yang Terdaftar Atas Nama Orang Lain Berdasarkan Keterangan Palsu (Studi Putusan Nomor 450/Pid.B/2022/PN.Smn)

Abstract

Land Ownership Certificates are the final result of the land registration process, containing physical and legal data. Given their importance, some irresponsible parties may attempt to claim and possess land that does not belong to them by applying for replacement certificates using false statements, such as filing fake loss reports. The research addresses the following issues: the legal validity of replacement certificates issued based on false statements, legal protection for registered land certificate holders when disputes arise due to fraudulent ownership claims, and the legal analysis of judicial considerations in the verdict of case number 450/Pid.B/2022/PN Smn. This study adopts a normative juridical approach, focusing on legal norms through literature reviews to obtain secondary data from primary, secondary, and tertiary legal materials relevant to the issues studied. The research is descriptive-analytical, with data collection carried out through a literature review of legal regulations and relevant legal materials. Data analysis is conducted qualitatively. The study finds that replacement land certificates issued based on false statements have no legal force and can be annulled. Legal protection must be provided to legitimate land certificate holders even when the registered owner's name difjers from the actual owner due to a lack of detailed and written regulations on nominee agreements in land sale and purchase transactions. This legal gap causes uncertainty in such legal acts. The judge's consideration in the verdict of case number 450/Pid.B/2022/PN Smn was based on the fulfillment of the primary charges brought by the public prosecutor under Article 266(1) of the Indonesian Penal Code (KUHP). The conclusion and recommendation of this study suggest that parties harmed by the issuance of fraudulent land certificates can pursue legal remedies by filing claims for annulment of land rights at the State Administrative Court and requesting certificate cancellation from the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency as the competent authority.