Praktik Pemblokiran Sertifikat Hak Atas Tanah yang Tidak Sesuai dengan Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Nomor 13 Tahun 2017 Tentang Tata Cara Blokir dan Sita (Studi Kasus Putusan Pengadilan Tata Usaha Negara Serang Nomor : 16/G/2021/PTUN.SRG)

Abstract

Certificate as the evidence can be indicated by other parties who request for the land book which is called certificate blockage. In practice, however, certificate blockage will often cause dispute in the future because its implementation is done by the Land Office is not in accordance with the Indonesian law. The main problem is that its practice in the field is not in accordance with the regulation on the request for blockage until its due time. The research problems are as follows: how about the authority of the Land Office on certificate blockage, how about the legal protection for the holder of the land ownership certificate concerning the blockage and its legal consequence, and how about the analysis on judge's legal consideration in the Serang PTUN Verdict No. 16/G/2021/PTUN.SRG.

The research used juridical normative method. Secondary data consisted of primary and secondary data which were gathered by conducting library research, using documentary study and analyzed by using qualitative method.

The result of the research shows that the authority of the Land Office can only record blockage based on the request of individuals and legal entity legal enforcement agency, and initiative of the Ministry. Legal protection in a preventive way is done by making administrative effort or legal objection, and in a repressive way is done through litigation. Judge's legal consideration in the Verdict No. 16/G/2021/PTUN.SPG states that the implementation of blockage is not in accordance with the regulation in which blocking is not only based on receiving letters from the police, blocking caused by the investigation process, and blockage which is overdue.