Perluasan Tanggung Jawab Formal Kantor Pertanahan dalam Balik Nama Sertifikat dengan Adanya Gugatan Pihak Ketiga (Studi Putusan MA No. 3537 K/Pdt/2015)

Abstract

Rights of lands ownership and land tenure are the starting point for the occurring of land problems due to land conflicts/disputes between the community and the government and among the communities themselves, therefore, it cannot be denied that there will be problems in the land sector. With the registration pf land rights, all subjects rights are also given the authority to use the land according to its designation. Thus a guarantee of legal certainly will be created for the subjects of the right in the ownership and use of the land stated. This is a descriptive analytical research. Descriptive in nature means that this research is expected to obtain a detailed and systematic description of the problem within the research. In general this research aims to describe systenarically, factually, and accurately to a certain population or area, regarding description of the facts obtained and careful analysis is carried out on how to answer problems. Certain problems referred to in this research are problems related to the Expansion of the Land Office’s Formal Responsibilities in Transferring Name Certificates with a Third Party Lawsuit. Legal protection provided in the case of an error in the issuance of a certificate in the event of an administrative defect provided by the land Office is by means of a process of requesting a blocking and cancellation of the certificate. In this case, Notary Fenny Herawati, SH.M.Kn, is only a public official making the deed authentic which provides evidentiary power of the contents of the agreement made by the parties. The head of the Probolinggo District Land Office and PPAT Josidara do not need to be withdrawn as parties being sued as these parties are only general officials whose job is to complete land administration as a result of agreements made by the parties. The authority of the land office in helping to resolve the returning the name of the certificate with the presence of a Third Party Lawsuit is to act as a mediator fo the settlement of return the name disputes. The Land Office can be held accountable in the event of the issuance of multiple cerificates by blocking and revoking land certificates.