DUE TO THE LEGAL TRANSFER OF LAND OWNERSHIP OWNERSHIP THAT WAS MADE WITHOUT THE OWNER'S AGREEMENT OF THE BUILDING USE RIGHT CERTIFICATE THAT WAS ENSURED WITH LIABILITY RIGHTS

Abstract

In nature transition right on ground, often there is a number of problem , where No seldom in the manufacturing process deed transition right on land carried out by parties who do not entitled , and p This often get away from PPAT supervision , due No exists policy in regulation related transfer and registration right on land related importance matching the identity data of the parties with desired certificate _ done transition rights . As a result, redirects often occur ownership right on land without agreement owner to certificate right To use a building burdened with Mortgage , where the imposition of the Mortgage is also carried out by parties who are not entitled, or are not the actual owners of the land, an example of which can be seen in the case Decision Number 554 K/TUN/2020, the previous one has disconnected with decision Number 170/G/2019/PTUNJKT., and Decision Number 165/B/2020/PT. TUN. JKT. in case the is known there is transition right on the land that is done without agreement from the actual owner , where the land is also made collateral right dependent on the Bank PT. Bank QNB Indonesia , then in this research was conducted using normative research methods, with primary, secondary and tertiary legal materials. The research results show that a result law diversion ownership right on land without agreement owner to Encumbered Building Use Right Certificate right responsibility by those who are not owner original , based on theory consequence law Soeroso can filed cancellation on certificate right To use building in the district court as well as in the state administrative court , and with it was cancelled certificate right To use building those by then will no result either validity certificate right binding liability _ Building use rights certificate such , because to object Building use rights certificate the stated No apply or No Once there is , and certainty law on Certificate Granting Mortgage Rights whose object stated null and void in decision court , to delete and or is lost Because object guarantee that is certificate right on land form certificate right To use specified building _ null and void , legally automatic impact on no validity certificate gift right dependent .