Regulation of Maladministration of the National Land Agency as the Embodiment of Principles of Legal Certainty of Land Ownership

Abstract

Land registration guarantees legal certainty, so the government is obliged to ensure the validity of legal data on land ownership rights. The authority of the National Land Agency (BPN) is often abused, either through negligence or intentionally, causing land administration problems, as reflected in Supreme Court Decision No. 458 PK/PDT/2021. The BPN, as the authority responsible for providing legal certainty to the public regarding such matters, is the entity that caused the issuance of two certificates on the same piece of land. The type of research used is normative empirical legal research with a judicial case study approach. This study aims to identify regulations related to the maladministration committed by the BPN in issuing duplicate land certificates and to realize the principle of legal certainty in land ownership. The results of the study indicate that the BPN has committed maladministration, which not only violates positive law but also violates the principles of good governance (general principles of good governance). The land disputes issued by the BPN involve overlapping claims over the ownership rights of a particular piece of land, necessitating ideal regulations regarding the duties and authorities of the BPN to realize the principle of legal certainty. The land certification process is required to be digitized to prevent maladministration.