NAME: FAISAL S.

(16410471)
SUBJECT: AGRARIAN LAW
IP LAW DEPARTMENT – UNIVERSITAS ISLAM INDONESIA
A PROPOSAL TO RESEARCH ON DOUBLE CERTIFICATE CASE: STUDY OF “GRAND CITY” CASE

LEGAL BASE

Law No. 14 of 1970

Law No. 5 of 1986

Regulations Ministry of Agrarian No. 9 of 1999

Regulations Ministry of Agrarian and Spatial No. 11 of 2016

INTRODUCTION

In a certificate of land attached many information inclusive the rights of land along the
validity, the owner, details, and the history relating to the land. A certificate can be used as
collateral to increase business capital and increase the selling price of land. The commons
types of rights as stipulated in the law are: usage of property, ownership, usage, usage for
business, and management. As stipulated in the certificate, attached the history of land
transaction of buy and sell of land authorized by apparatus of Badan Pertanahan Nasional
(BPN). Thus, there will be named the new ownership and the preceding name deleted by the
apparatus.

In this occasion, the writer would to explain the case in regard of the proposal, double
certification. Double certification may define as the establishment of land certificate more
than one on the same object with differ subject. This case would never occur, because in
order to establish of land certificate, BPN shall refer to main book (buku induk) whether has
been registered or not.

Having meet the problem is, the parties who have this dispute usually settle through the court,
either at Administration Court or District Court. There are several phases to report the
problem of double certificate, through litigation or non-litigation.

STATEMENT OF PROBLEM

In this proposal, the writer would like to propose the case relating to double certificate,
“Grand City case”. This problem occurred when the owner of the land, Hajjah Nauraini
complaint that land occupied by PT. Hardaya Widya Graha established a mall name Grand
City in Surabaya. She argue that land was derived by her father as inheritance. Whilst, at the
beginning of independence era, the land was used by the army (TNI) for temporary.
NAME: FAISAL S. (16410471)
SUBJECT: AGRARIAN LAW
IP LAW DEPARTMENT – UNIVERSITAS ISLAM INDONESIA
Unfortunately, in 1990 the army conducted ruislag or exchange to PT. Singo Barong Kencana
(SBK). Then, SBK attained the certificate of land ‘usage of property’ (HGB).

Due the crisis monetary, SBK possessed to PT. Hardaya Widya Graha (HWG) and built the
mall in 2007. At that time, Nuraini realized that her land was exchanged to unknown people
where she never sell or donate the land to somebody. Moreover, Nuraini has the evidence to
check at BPN, but the result is no found or can be concluded that Nuraini’s certificate land
was no registered. In the other party, HWG argued that land attained through win in a lottery
held by BPN.

OBJECTIVES

In this review, I will achieve the following two goals:

1. The background of establishment land certificate by BPN; and

2. Dispute settlement mechanism of double certificate

Badan Pertanahan Nasional as the administrative body of state has the duty to exercise the
government tasks in field of land along with its laws existed. The duty is also to register the
owner of the land by establishing the certificate. It is indispensable in order to avoid such as
problem in this proposal, double certification.

As I explain the phase I elaborate this review, the first, I would like to explain the background
of establishment land certificate by BPN. In this phase, I would like to find out how BPN
register of land ownership. Additional, I also would to connect the subject factor of land-
owner on the same object. To solve the problem, I need to find the problem point.

Second, after I explain the first phase, I explain the second phase, if there is dispute on double

certificate, how do the parties to settle the dispute over the court (or maybe non-litigation).

REFERENCE

http://surabaya.tribunnews.com/2016/10/26/grand-city-beli-lewat-lelang?page=2

http://www.hukumonline.com/klinik/detail/lt530abe7cd936a/penyelesaian-sengketa-
tanah-tanpa-melalui-pengadilan

http://www.hukumonline.com/klinik/detail/cl1210/sengketa-kepemilikan-tanah