Strengthening Legal Certainty for Land Ownership Based on Girik and Village Head Land Certificates

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Irene Eka Sihombing
Universitas Trisakti, Jakarta, Indonesia
Endang Pandamdari
Universitas Trisakti, Jakarta, Indonesia
Dyah Setyorini
Universitas Trisakti, Jakarta, Indonesia
Ignatius Pradipa Probondaru
Universitas Trisakti, Jakarta, Indonesia

In addition to statutory regulations, legal certainty in the land sector requires the implementation of land registration, resulting in a land certificate containing juridical and physical data. In practice, the legal certainty of land ownership still needs to be clarified for landowners, especially regarding the strength of certificate proof. The reason is that in a dispute in court, it is not certain that the court declares a certified land owner as the land owner. Several court decisions state that those who are entitled are not the certificate holders but those who control the land based on a Land Certificate or based on a Girik. The formulation of the first research problem, how is the legal certainty of land ownership based on a certificate? Second, how to strengthen the legal certainty of land ownership based on girik and village head certificates? The research objective is to provide an overview of the legal certainty of land ownership based on certificates and to strengthen the legal certainty of land ownership based on girik and village head certificates. The research method used in achieving these goals is of a normative type, descriptive nature, secondary data is analyzed qualitatively, and conclusions are drawn using deductive logic. Legal certainty of land ownership is manifested as a certificate as a letter of strong evidence. As a requirement for land certification, it is necessary to strengthen legal certainty regarding girik and Village Head Land Certificates.


Keywords: legal certainty, certificate, certificate of land, girik