A Juridical Review Of Administrative Defects In The Process Of Issuing Replacement Certificates Of Land Ownership Rights

Abstract

A Certificate of Ownership serves as strong legal evidence of land ownership under the Basic Agrarian Law and Government Regulation Number 24 of 1997 concerning Land Registration. In practice, land certificates may be lost, damaged, or affected by administrative defects requiring the issuance of replacement certificates. Legal issues arise when the issuance process itself contains administrative defects, potentially creating land disputes and legal uncertainty.

This study aims to analyze the legal process for issuing replacement certificates of ownership where administrative defects are identified and to examine the practical obstacles encountered during the issuance process. This research applies normative legal research supported by empirical data through statutory, conceptual, and empirical approaches.

The findings indicate that replacement certificates may only be issued after fulfilling all administrative requirements stipulated by Indonesian land registration laws. Administrative defects such as inaccurate physical or juridical data, falsified documents, incomplete requirements, or procedural violations may result in cancellation of the original certificate before issuing a replacement. Obstacles include incomplete applicant documentation, discrepancies in land registration books, falsification of records, and administrative costs. Strengthening administrative supervision and improving land registration procedures are essential to ensure legal certainty and legal protection.