Studi Kasus Penyelesaian Sengketa Sertipikat Ganda Hak Guna Bangunan Atas Tanah Terkait Dengan Eksekusi Jaminan Bank BTN Syariah Di Kabupaten Magelang

Lokadwoyo, Lingga Labdhabhiseka (2023) Studi Kasus Penyelesaian Sengketa Sertipikat Ganda Hak Guna Bangunan Atas Tanah Terkait Dengan Eksekusi Jaminan Bank BTN Syariah Di Kabupaten Magelang. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Land is an important aspect of human life. The large number of people who want to own land has led to a dispute between individuals in ownership of land rights. Indonesia as an agricultural country considers land as an important thing because it is a necessity that cannot be separated from Indonesian society. The UUPA has been prepared by the Government of Indonesia to regulate the ownership or control of land rights. The birth of UUPA is expected to lead to a decrease in the emergence of disputes between parties. The high interest in the ownership of land rights and the imperfect land registration system can cause multiple certificates to appear on the same object, causing disputes. Problems arise when the land registered to be executed by the bank turns out to also belong to someone else's land, so the question arises as to who has the original certificate. The research method used is empirical legal research using primary legal sources and secondary legal sources, interviews, and literature studies. The results of this study are the duplication of certificates carried out by the developer of a housing estate when the land registration system is not perfect, then the certificates that have been registered repeatedly are used as collateral at the bank and other certificates are sold to other parties. The settlement of this dual certificate is through non-litigation or by deliberation which causes the developer to pay its obligations to the Bank and return the money belonging to the land buyer.

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