TINJAUAN YURIDIS LEGALITAS HAK KEPEMILIKAN SEBIDANG TANAH MELALUI BUKTI SERTIFIKAT HAK MILIK DI KANTOR BADAN PERTANAHAN NASIONAL (BPN)

Abstract

This study examines the legal aspects of land ownership rights through certificates registered with the National Land Agency (BPN) within the Indonesian legal system. The primary focus of this study is to examine the legal position of certificates as evidence in civil cases, analyze obstacles to ownership even when land has been certified, and evaluate the validity of certificates from the perspective of agrarian law and civil procedure. The objectives of this study are to determine the regulation of land ownership rights through certificates at the National Land Agency (BPN), the obstacles to land ownership even when evidenced by certificates issued by the National Land Agency (BPN), and the legal review of the legality of land ownership rights through certificates at the National Land Agency (BPN). This study is a descriptive, empirical legal study using qualitative data analysis methods. The findings indicate that certificates of ownership are not absolute proof of land ownership but rather have strong, rebuttable evidentiary force. The validity of certificates is highly dependent on the legality of the legal basis, the acquisition procedure, and the principle of good faith. Furthermore, various substantive obstacles exist in the land registration system, including inconsistencies in legal data and physical ownership, administrative flaws, and low public legal literacy. This study concludes that although land title certificates provide administrative legal protection, their legality must still be tested through the principles of substantive justice and compliance with civil law principles. Therefore, the Indonesian land system needs to be strengthened through policy reform, substance-based legal verification, and updated administrative oversight mechanisms to ensure the continued validity and fairness of land rights.