Analysis of
Certificate Checking Activities in the Context of Registration of Transfer of
Rights Due to Legal Events at the South Tangerang City Land Office
Maharani Cantika Sulaiman
Master of Notary
Affairs, Faculty of Law, Tarumanagara University, Indonesia
Email: [email protected]
Abstract
This
article aims to find out how land registration activities are carried out by
the Government for the benefit of the people in order to guarantee legal
certainty in the land sector. The problem focuses on the land rights
registration system, the recording of which describes a detailed summary
regarding the occurrence of property ownership and changes thereto, or other
transactions that affect a property right. In order to approach this problem,
theoretical references from several sources are used, including (1) legal
protection theory; (2) theory of legal certainty. Data is collected through
several sources such as interviews, observation results, events or test results
of objects or documents in the form of books, journals, notes or other archives
that are related and analyzed qualitatively. This study concludes that based on
the urgency of the problem, the system for checking and registering land title
certificates is carried out using an electronic system. The certificate check
is carried out by the PPAT before the deed is made which is the basis for the
legal act of transferring/assigning land rights. PPAT has the authority to check,
copy, validate and register land title certificates as regulated in UUPA PP No.
24 of 1997 and PP no. 37 of 1998. The output of this system is in the form of
printed documents in electronic form. In this case, the electronic document
referred to is an electronic certificate or e-certificate.
Keywords: Certificate
Checking; Transfer of Land Rights; Legal Events; Land Office.
INTRODUCTION
Indonesia is a rule of law country. This is
reflected in Article 1 paragraph (3) of the Law the
Constitution of the Republic of Indonesia of 1945 which explicitly states that
"the State of Indonesia is a State of law" (Usman, 2020). One of the principles that is closely related to the land
aspect is the Principle of Legal Certainty where people really need legal
certainty regarding the land they own (Murni et al., 2022). This can be realized by having a certificate of title which
acts as strong evidence or better known as a Certificate of Land Rights issued
by the National Land Agency (BPN) (Mahardika et al., 2022).
The government carries out land registration
for the benefit of the people in order to guarantee legal certainty in the land
sector (Chandra, 2019; Permadi, 2023; Wajdi & Ramadhani, 2022; Yasa et al.,
2021). Legal subjects
in land registration at the National Land Agency (BPN) office which is assisted
by the Land Deed Making Officer (PPAT) in the context of making deeds in the
district/city area (Prilia, 2022). So as a form of land registration carried out by legal
subjects, the government, in this case the National Land Agency, will issue a
certificate as a strong means of proof (Sirait & Sitanggang, 2023).
The land rights registration system, in its
recording, describes a detailed summary regarding the occurrence of property
ownership and changes thereto, or other transactions that affect a property
right (Low & Mik, 2020). According to AP Protection, land registration comes from the
word cadaster, which is a technical term for a record, which shows the
area, value and ownership (or other rights) of a plot of land (Artanto & Hadiyanto, 2022). A certificate of land
rights is proof of ownership/control of land and is a strong proof of rights, in
the sense that as long as it cannot be proven otherwise the physical data and
juridical data contained therein must be accepted as correct data (Mashdurohatun et al., 2023). The physical data and
juridical data contained in the certificate must be in accordance with the data
contained in the relevant land book and measuring letter, because the data is
taken from the land book and measuring letter, as stated in the explanation of
Article 32 paragraph (1) of the Law. Number 24 of 1997 concerning Land
Registration. Adjustment of physical and juridical data is then known as the
certificate checking process (FA & Silviana, 2023; Hansen, 2023; Pratama et al., 2021; Sitorus,
2023).
Checking certificates is carried out by PPAT
as the official who has the authority to make deeds for every legal act that
results in the transfer of rights and aims to ensure that the land that will be
used as the object of transfer is not in legal dispute, is not being
guaranteed, or is not being confiscated by the authorities (Sari et al., 2022). The problem in this research is what the legal consequences will
be if you do not check the certificate for the transfer of rights and whether
the certificate checking activities for the transfer of rights due to legal
events at the National Land Agency of South Tangerang City are in accordance
with the applicable laws and regulations (Ginting & Djaja, 2023)(Tanawijaya & Velisia, 2022). The purpose of this
research is to find out whether there are legal consequences if you do not
check the certificate and to find out the system for checking certificates in
the context of transferring rights due to legal events at the South Tangerang
City National Land Agency.
The theory that the author uses is as follows:
(1) Legal protection theory, the researcher uses legal protection theory on the
grounds that the law protects a person's interests by allocating power to him,
to act in the framework of his interests, and these interests are the target of
rights. Legal protection achieved through legislation has an underlying legal
principle. Likewise, legal protection is achieved through efforts to create and
include steps through legislation that have objectives and a planned scope
through strategies and policies. All of these things can be found in every
major piece of legislation which is carried out with the same goal, namely
legal protection; and (2) The theory of legal certainty, legal certainty
contains two meanings, namely first, the existence of general rules so that
individuals know what actions they may or may not carry out, and second, in the
form of legal security for individuals from government arbitrariness because of
the existence of rules that general in nature, individuals can know what the
State can impose or do on individuals.
��������� This research uses a normative
research system, namely research that refers to the analysis of legal norms, both legal in the sense of statutory regulations, an
in-depth understanding of norms based on laws (Yuliartini, 2021). Then it is systematically compiled and presented in analytical
descriptive form. The data sources used are (1) primary data, namely data
sourced directly from the original source in the form of interviews, opinion
polls from individuals or groups (people) or observation results from an
object, event or test result (object); (2) secondary data, namely research data
sources obtained through intermediary media or indirectly in the form of books,
notes, existing evidence, or archives, both published and not generally
published; and (3) documents and document archives relevant to the research.
Data collection activities were carried out
through literature study of secondary data, by reading books, dissertations,
and conducting interviews with sources related to creating questionnaires. Then
the data that has been obtained is analyzed qualitatively. Data analysis is
carried out by organizing the data, describing it into units, synthesizing it,
arranging it into patterns, choosing what is important and what will be studied
and making conclusions that can be shared with others. Research instruments
include questionnaires, interviews, observations and focus group discussions.
Conclusions are drawn using deductive understanding, meaning it is a method of
drawing specific conclusions from general statements.
A.
Authorized Public Officials carry
out checks
The public
officials who have the right to check land title certificates are PPAT and
Notary, in accordance with what is contained in the legislation which states
that PPAT and Notary have the authority to make certain authentic deeds, what
differentiates the two is that there is a legal basis that regulates both. PPAT
is regulated in UUPA PP No. 24 of 1997 and PP no. 37 of 1998, while Notary
Officials are regulated in Law Number 30 of 2004 concerning Notary Positions
(hereinafter abbreviated to Law No. 30 of 2004). This difference has a clear
description of the legal institution responsible for appointing and dismissing,
its duties and authority in the context of making certain authentic deeds, as
well as the system of guidance and supervision of Notaries and PPATs.
Based on Article 1
PP no. 37 of 1998 concerning Position Regulations for Land Deed Officials
(PPAT) states that:
1.
The
Land Deed Making Official, hereinafter referred to as PPAT, is a public
official who has the authority to make authentic deeds regarding certain legal
acts, namely regarding land rights or ownership rights over condominium units.
2.
Temporary
PPAT is a government official appointed based on his position to carry out PPAT
duties, namely making PPAT deeds in areas where there are not enough PPATs.
3.
Special
PPAT is an official of the National Land Agency who is appointed based on his
position to carry out PPAT duties by making certain PPAT deeds specifically in
the context of implementing certain programs or tasks of the Government.
PPAT carries out
its duties and authority through part of the land registration activities with
the task of making authentic deeds as proof that certain legal acts have been
carried out regarding land rights or ownership rights to apartment units which
are used as the basis for registering changes in land registration data
resulting from those legal acts. In the working area determined by the
government (absolute competence), namely the district or city in the same
region as the working area of the Land Office.
In Article 3 of
the Minister of Agrarian Regulation Number 10 of 1961 concerning the
Appointment of Officials as referred to in Article 19 of Government Regulation
Number 10 of 1961 concerning Land Registration, it is stated that those who can
be appointed as officials are:
1.
Notary
Public;
2.
Employees
and former employees within the Department of Agrarian Affairs are believed to
have sufficient other knowledge regarding land registration regulations and
other regulations related to the issue of transferring land rights.
3.
Civil
service employees who have carried out the duties of an official.
4.
Other
people who have passed the exam held by the Minister of Agrarian Affairs.
Based on the
description above, it can be concluded that the public officials who have the
authority to check land title certificates are Notaries and PPATs. PPAT and
Notaries have absolute authority in creating, checking, validating, copying and
matching original data related to authentic deeds in the process of checking
certificates of transfer of land rights.
B.
Validity of Data Validity Check
Results via Electronic System
Checks are carried
out directly, namely by coming to the land office in several districts or
cities. However, now there is a shift in the checking system from manual to
electronic system to make it easier to check the validity of the data being
checked. There are 4 (four) digital services that have been implemented by the
Ministry of Agrarian Affairs and Spatial Planning/National Land Agency
(ATR/BPN), namely Electronic Mortgage Rights, Roya, Certificate Checking and
Land Value Zone (ZNT). The implementation of the checking system via an
electronic system is based on the Regulation of the Minister of Agrarian
Affairs and Spatial Planning/Head of the National Land Agency of the Republic
of Indonesia Number 5 of 2017 concerning Electronic Land Information Services
(hereinafter Minister of ATR/Head of BPN Regulation No. 5 of 2017).
Certificate
checking, which has been implemented through an electronic checking system, namely
via the website, states that PPAT must be responsible for the authenticity of
certificates uploaded into the application system. If it turns out that the
certificate uploaded into the system is fake, of course this will cause legal
problems for PPAT. Therefore, checking certificates through the electronic
checking system is only carried out by PPAT, even though PPAT itself does not
know whether the certificates it receives from clients are genuine or fake.
Checking
certificates of land rights or ownership rights to apartment units through a
direct checking system at the land office which is carried out manually in
accordance with procedures, then the original physical certificate will be
written/stamped with a statement from the local land office "Has been checked and is in accordance with the
land book at the City/Regency land office......, which was requested by......as
PPAT, date...... ", in this case PPAT fully submits the validity of
the data resulting from checking the certificate of land rights or ownership
rights to the unit the flat to the BPN agency. Proof of the sentence stamp
provides certainty regarding the validity of the certificate so that the BPN
agency is believed to have confirmed the information through verification of
physical data and juridical data on the certificate.
C.
Electronic Land Certificate
Checking Service Process
Service Checking
Certificate carried out by
carrying out checks regarding suitability Certificate
of Land Rights or Ownership Rights of a House Unit Arrange those concerned with the lists in the Office Land. Service Checking
Certificate aim for ensure Suitability Data Physique and Data Juridical
on the Certificate with the data is
on base data. Implementation checking certificate done by PPAT before implemented it making deed which become basis for legal acts of
transfer/assignment of land rights. Checking service certificate held with use fund Which sourced
from public Alone (applicant) in accordance provisions of Republic of Indonesia Government Regulation Number
128 2015 concerning Types and Tariffs
for Types of State Revenue Not a Tax
that Applies to the Ministry of Agrarian Affairs and Administration Space/Body National Land Affairs.
User Which can register
on application Which provided by the Ministry, including: a) Individuals; b) PPAT; c) Legal Entity; d)
Government Agencies; e) Parties other in accordance with provision regulation legislation invitation.
Service Checking Certificate by Electronic can accessed by:
1. Applicant Which has registered as user on applications provided by the Ministry
such as Applications Ministry Partner
for PPAT users, Legal Entities And Institution Government, or Application Touch My land For user individual, with submit service
through application; or
2. Applicant Which Not
yet registered as user on application which provided by Ministry, with submit service
direct through Office
Land.
Service Checking
Certificate by Electronic can be submitted in 2
(two) ways that is:
1. Through Application Partner Ministry,
For applicant PPAT in framework for making a PPAT deed; or
2. Through application in a way direct
in Office Land
local, for applicant holder Right On Land.
Based on Instruction Technical about Service
checking certificate in a way
electronics that are in take
it out by Ministry of Agrarian Affairs and Spatial Planning/National Land
Agency Number 3/Juknis-HK.02/IV/2022 About Service
Checking Land Registration
Certificate and Certificate (SKPT). Electronic, Service
Checking Certificate Electronic:
1. Service Checking Certificate By Electronic can submitted by PPAT or party besides
PPAT like individuals, legal entities, government
agencies or parties other interested
parties who are rights holders on land;
2. Service Checking Certificate By Electronic Which submitted by PPAT is part from obligation PPAT before carry out
making deed about transfer/transition or loading Right On Land or Right of ownership On House Unit Arrange;
3. Service Checking Certificate By Electronic Which submitted by party besides
PPAT No can made as condition making deed about
transfer/transition or loading
Right On Land or Right Owned
by On Unit House Arrange
by PPAT;
4. Electronic Certificate Checking
Services are carried out to check the
suitability of the Land Rights Certificate or
Right Owned by Above Units House Arrange the
relevant ones with lists Which There is
in Office Land. This
service aims to ensure the suitability of Data
Physical and Juridical Data on the Certificate with existing data on the database;
5. Service Checking Certificate by Electronic No can
be applied to land rights that have been extinguished, the term has expired, been canceled or released his rights.
D.
Electronic Land Certificate
Checking Service Process with PPAT Applicants
1. Open address website : https://intan.atrbpn.go.id/
, Then enter
the menu Service, Then login
The website page
contains log-in notes that must be provided or filled in by the certificate
owner. Logging into the website can be done by clicking on the Services page
and clicking on the blue log in section. You must log in using a valid
ownership account related to the land title certificate you want to check.
2. Input Name user or user And password
After going to the
log in menu, participants can enter the correct username and password to access
the National Land Agency (BPN) checking page. Make sure to enter the username
and password correctly so that it doesn't repeat itself several times or even
block the ownership account.
3. Enter menu File I ,
click Process File , click
New File , then select Check Certificate, and click Process
After entering the file on the website service page, wait a few minutes
to complete the process of checking the file you want to check. The checking
system may take several minutes so we should not leave the page until the
system carrying out the checking has finished the checking process.
4. Inputs data certificate, among
others :
a.
Province;
b.
district/city;
c.
Sub
district;
d.
Ward;
e.
Type Right;
f.
Number Certificate;
So click Save and
Upload or Upload Certificate
Document Colored
The uploaded
document is in the form of a colored certificate of ownership. Before that,
input the requested ownership data completely and correctly to check whether it
is valid, then follow the instructions correctly. Then click save, the uploaded
document will be automatically saved into the system.
5. Upload or Upload Documents , covers :
a.
Form Application;
b.
Letter Power;
c.
Letter Validity
Document;
d.
Identity Applicant;
e.
Letter Task;
f.
Certificate.
After that, click next.
6. Furthermore Confirmation File And Validation File
After all the
files have been uploaded, ensure the correctness of the documents by validating
the files. Then wait a few moments for the ownership data to be validated. The
validity of the data can be seen by checking the information that has been
uploaded to the page. If the file has been successfully validated and data
conformity is found, the next step is to click on the data conformity statement
and then click continue.
7. If the file has � been validated, click Declaration of Conformity Data , then click Carry
on
8. Once the application is received, it
will automatically appear in the Electronic System publish Letter Order Deposit
(SPS) cost service,
the applicant must be required do payment through
bank perception most slow 3 (three) day calendar since letter order deposit published. If in period time the No do payment so file application canceled in a way automatic
by System Electronic and Applicant can submit application new.
9. After did it payment, Status Payment load
information about Number NTPN ,
Date Payment, Payment Amount,
Name of Payer, Code billing, Date Code Billing, Expired Code Billing. Payment
must be made in accordance with the due date and instructions on the website
page, this is useful to avoid invalidating the data that has been obtained.
10. If this notification appears,
you have to wait for the results from
BPN, if there are improvements, then within 7 days repairs must be carried out immediately, if after 7 days, will be
rejected and must input from the start.
11. Issuance of
certificate
results, then conformity checking is carried out data from checking results with existing documents in Upload on moment did it process certificate checking in a way
electronic.
12. If there is data Which No in
accordance so click Clarification Information Products Land and
submit Prompt correction of data deemed inappropriate.
E.
Effectiveness of Electronic
Certificate Checking in the Land Rights Transfer Process
The
effectiveness of the electronic certificate checking system is still a concern.
Effective as a source of information and a juridical basis for various parties
who have interests related to land rights. Therefore, it is appropriate that
the effectiveness of implementing electronic checks be explored further.
Through
the 2017 results data, it can be said that there are still sub-districts where
applications have not been submitted for all plots of land. So from these data
it can be stated that South Tangerang City still has high complexity in land
issues. However, several main things that cause this to happen are: (1) use and
control of land rights; (2) the validity of a land right; (3) procedures for
granting and registering land rights, including the transfer and issuance of
legal evidence of the land.
Furthermore,
after the electronic checks were carried out, it was basically effective in
preventing disputes or unclear ownership of the land. According to researchers,
based on the things mentioned above, there are still gaps where checking will
have the effect of being ineffective in providing legal certainty regarding the
juridical data and physical data on the land title certificate.
Then,
there is a benchmark for quality satisfaction in services not only from the
party providing the service but also from the recipient of the service. The
satisfaction felt by the community is one of the determining factors in
determining service quality. It can be said that in order to create public
satisfaction with the public services provided, there must be improvements
provided in the service system so that it is better, more advanced and reflects
excellent service.
The
implementation of this strategy then has a fairly good direct influence on the
plots of land that will be and have been registered. As regulated in Article 12
of the Government Regulation which states that land that has been assigned to
it will become land rights, management rights, and ownership rights over flats,
mortgage rights or waqif land which are registered via an electronic system and
issued in the form of an e-certificate.
Based on the urgency of the problem, the system for
checking and registering land title certificates is carried out using an
electronic system. Implementation checking certificate done by PPAT before making it
deed Which become basis
for legal acts of transfer/assignment of land rights. PPAT has the authority to
check, copy, validate and register land title certificates as regulated in UUPA PP No. 24 of 1997 and PP
no. 37 of 1998. The output of this system is in the
form of printed documents in electronic form. In this case, the electronic
document referred to is an electronic certificate or e-certificate.
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