Perlindungan Hukum Bagi Pemegang Sertifikat Hak Milik Atas Tanah dalam Kasus Sengketa Sertifikat Ganda (Studi Kasus Putusan MA Nomor 309 PK/Pdt/2021)

Abstract

Legal protection for landowners holding land title certificates is a fundamental aspect of Indonesia's land system, which is normatively guaranteed through Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA) and Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration. However, in its implementation, land disputes involving certificate holders frequently arise. This research aims to analyze three main issues: (1) How is legal certainty for landowners holding land title certificates ensured within Indonesia's land law system? (2) What are the mechanisms for resolving land disputes in cases of overlapping certificates on the same land parcel according to Indonesian legislation? (3) What are the legal considerations of the Panel of Judges in Supreme Court Decision Number 309 PK/Pdt/2021 regarding legal protection for landowners holding title certificates in overlapping certificate disputes? The research method employed is normative juridical approach conducted through literature study to obtain secondary data. The collected data is then analyzed qualitatively to gain comprehensive understanding of the legal aspects examined. The research findings indicate that legal certainty for landowners holding land title certificates in Indonesia is normatively guaranteed through UUPA and Government Regulation No. 18 of 2021, where certificates function as strong evidence. However, in practice, legal uncertainty still exists due to various factors such as land disputes, overlapping certificates, and weak supervision systems in the land registration process. The mechanism for resolving overlapping certificate disputes can be pursued through three channels: administrative resolution by the National Land Agency, resolution through general courts, and alternative dispute resolution. Analysis of Supreme Court Decision Number 309 PK/Pdt/2021 shows that the Panel of Judges reinforces legal protection for certificate holders who registered legitimately and in good faith by applying the principle of registration time priority, where the party who registers first has stronger rights. This decision also affirms the rejection of overlapping certificates containing legal defects to strengthen legal certainty in the land system.