PENYELESAIAN SENGKETA KEPEMILIKAN SERTIFIKAT GANDA PENGADILAN TATA USAHA NEGARA (STUDI PUTUSAN Nomor 5/TF/2023/PTUN.KPG)

Abstract

ABSTRACT: This certificate is a strong piece of evidence that contains physical data and juridical data on the land, as long as the juridical data and physical data are in accordance with the data in the measuring certificate and the land rights book in question and there are no complaints from other parties. The problem formulation in this research is: What is the Authority of the Kupang State Administrative Court in Resolving Multiple Certificates in Decision Number 5/TF/2023/PTUN.KPG?, and What are the Basic Considerations of the Kupang State Administrative Court Judges in Deciding Case Number. 5/TF/2023/PTUN.KPG?. The theory used is the theory of legal certainty put forward by Gustav Radbruch which states that something that is made must have a goal or purpose. Law has three main objectives: justice for balance, certainty for decisions, expediency for happiness. The results of the research show that Decision Number 5/TF/2023/PTUN.KPG does not fulfill the authority of the Kupang State Administrative Court, because the a quo case relates to an ownership dispute regarding who has the right to land located in Labuan Bajo, and to the basis of consideration. The judge in decision Number 5/TF/2023/PTUN.KPG stated that the process of resolving the dispute over ownership of multiple certificates in Kel Labuan Bajo, Komodo District, West Manggarai Regency, in essence, resulted in overlapping land rights as research had been carried out by Defendant I, but , The Kupang State Administrative Court decided that ownership must be resolved through the district court.

 Keywords: Dual Certificate, Court Authority