Legal Literacy - This article discusses the differences in authority between the State Administrative Court (PTUN) and the District Court (PN) in handling land cases related to land certificates. The PTUN has the authority to cancel land certificates that have administrative defects, while the PN has the authority to declare certificates invalid in civil cases. This article also explains how these two institutions handle land disputes and the implications of their decisions.

Land Cases

Article 1 number 4 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 explains the definition of Land Cases, which means land disputes whose handling and resolution is through judicial institutions.

Land cases are caused by several factors, including imperfect regulations, non-compliance with regulations, and a lack of effort from land authorities regarding the integrity and quantity of available land, such as incomplete and inaccurate land data, limited resources in resolving land disputes, inaccurate land transactions, legal actions from applicants to overlapping certificates of rights with the same basis of rights over the same object.

The certificate as proof of land ownership is emphasized in Article 32 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration (PP Number 24 of 1997) which is “a proof of right that is valid as a strong means of proof regarding physical data and juridical data contained therein, as long as the physical data and juridical data are in accordance with the data in the survey letter and the land book of the right in question.”