Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018

Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong a...

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Main Authors: Mohammad Saleh, Susakti Wibowo, Reinhard Yeremia
Format: Article
Language:English
Published: Law Faculty Merdeka University Surabaya 2022-06-01
Series:Yurisdiksi: Jurnal Wacana Hukum dan Sains
Subjects:
Online Access:https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/132
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author Mohammad Saleh
Susakti Wibowo
Reinhard Yeremia
author_facet Mohammad Saleh
Susakti Wibowo
Reinhard Yeremia
author_sort Mohammad Saleh
collection DOAJ
description Research with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.
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spelling doaj.art-7c39c6ba8a25420aa815f724b099f4872022-12-22T02:42:37ZengLaw Faculty Merdeka University SurabayaYurisdiksi: Jurnal Wacana Hukum dan Sains2086-68522598-58922022-06-01181192910.55173/yurisdiksi.v18i1.132132Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018Mohammad Saleh0Susakti Wibowo1Reinhard Yeremia2Faculty Of Law Narotama University SurabayaFaculty of Law, Narotam University SurabayaFaculty of Law, Narotam University SurabayaResearch with the topic of Strength and Guarantee of Legal Certainty of Certificates as Written Evidence after the issuance of Ministerial Regulation No. ATR. 6 of 2018, referring to the principle of publicity which is used to test the strength of proof of certificates, namely strong or not strong and absolute or not absolute, there is a ambiguity between land registration based on PP. 24 of 1997 according to Article 26 paragraph (1) PP No. 24 of 1997, notification to the public for 60 (sixty) days and the principle of publicity Article 11 paragraph (1) Permen ATR No. 6 of 2018 for 14 (fourteen) working days. The matter at issue is related to the strength and guarantee of legal certainty for the certificate as written evidence. Research using the approach to legislation and a concept approach obtained a conclusion, that: The principle of publicity in PP no. 24 of 1997 for a period of 60 working days and Permen ATR No. 6 of 2018 for 14 working days, both have not guaranteed legal certainty because the publications used are negative leading to positive, where the registrant is considered the owner and other parties can still file a cancellation lawsuit as long as they can prove that the registrant registered the land in bad faith.https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/132publication, certificate, legal certainty
spellingShingle Mohammad Saleh
Susakti Wibowo
Reinhard Yeremia
Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018
Yurisdiksi: Jurnal Wacana Hukum dan Sains
publication, certificate, legal certainty
title Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018
title_full Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018
title_fullStr Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018
title_full_unstemmed Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018
title_short Strength And Guarantee of Legal Certificate of Written Evidence After The Issuance of Permen ATR No. 6 Years 2018
title_sort strength and guarantee of legal certificate of written evidence after the issuance of permen atr no 6 years 2018
topic publication, certificate, legal certainty
url https://yurisdiksi.unmerbaya.ac.id/index.php/yurisdiksi/article/view/132
work_keys_str_mv AT mohammadsaleh strengthandguaranteeoflegalcertificateofwrittenevidenceaftertheissuanceofpermenatrno6years2018
AT susaktiwibowo strengthandguaranteeoflegalcertificateofwrittenevidenceaftertheissuanceofpermenatrno6years2018
AT reinhardyeremia strengthandguaranteeoflegalcertificateofwrittenevidenceaftertheissuanceofpermenatrno6years2018