A JURIDICAL REVIEW OF DISPUTE RESOLUTION REGARDING MULTIPLE CERTIFICATES FOR THE SAME LAND

Abstract

This research aims to juridically analyze the Indonesian agrarian legal system in regulating and resolving disputes over dual certified land rights, as well as to evaluate the effectiveness of resolution mechanisms in ensuring legal certainty and protecting public rights. The issue of double certificates is a phenomenon where more than one certificate is issued for the same land object, which normatively contradicts the principle of legal certainty as mandated in Article 19 of the Basic Agrarian Law (Undang-Undang Pokok Agraria). The research method used is qualitative with a normative juridical approach. Primary data were obtained from legislation such as Law No. 5 of 1960 (Undang-Undang Pokok Agraria) and Government Regulation No. 24 of 1997, while secondary data were gathered through literature studies of legal texts, journals, and related documents. Data analysis was conducted using a descriptive-qualitative technique to provide an in-depth explanation of the legal phenomena. The results indicate that the primary causes of double certificates include weaknesses in land administration, overlapping authority, lack of inter-agency coordination, and the practices of land mafias. Dispute resolution mechanisms can be pursued through three channels administrative routes within the Ministry of ATR/BPN (clarification and cancellation), non-litigation (mediation), and litigation through the courts (civil or administrative court/PTUN). The state plays a crucial role in preventing these issues through the digitalization of land data and strengthening administrative oversight. The study concludes by emphasizing the need for regulatory harmonization and human resource improvement within land institutions to create a transparent, accountable, and fair land system.