Land Certificate as a State Administrative Decision

The object of the lawsuit or the root of the state administrative dispute is a State Administrative Decision (KTUN) issued by a state administrative body or official that contains onrechtsmatig overheid daad (unlawful act committed by the authorities).

Article 1 number 9 of Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Courts explains that KTUN is a written stipulation issued by a state administrative body or official that contains state administrative legal actions based on applicable laws and regulations, which are concrete, individual, and final, which have legal consequences for a person or private legal entity.

When associated with land issues, basically a land certificate or a document of proof of land rights which in this case is issued by the Land Office/National Land Agency as a state administrative body or official can be categorized as KTUN. This is considering that PP Number 24 of 1997 regulates that the National Land Agency (BPN) is authorized to carry out land registration.

The Head of the Land Office has the authority to issue a KTUN in the form of a land certificate to a person or private legal entity that has met the juridical criteria, then this action is categorized as a decision criterion of a state administrative official. The Head of the Land Office must also pay attention to and comply with the land registration criteria regulated in Article 19 of the Basic Agrarian Law and Article 12 paragraph (1) of PP Number 24 of 1997.