A land certificate is proof of ownership and a person's right to land or land. Original land certificates are only issued by the National Land Agency (BPN) and are very important state documents.

The land certificate issued aims to benefit the relevant right holder, in accordance with the physical data and juridical data that has been registered in the land book as referred to in Article 30 paragraph (1).

Land certificates can only be submitted to parties whose names are listed in the land book. If the land transfers ownership rights, the procedure for transferring the name of the land will be carried out. However, what about the cancellation of land certificates? Can this be done? For those of you who want to know more about the cancellation of land certificates, here's a detailed explanation that you can find in this article:

  • Land Certificate Cancellation
  • Legal Basis for Cancellation of Land Certificates
  • Conditions for Cancellation of Land Certificates
  • Land Certificate Cancellation Procedure

The following is a detailed explanation regarding the cancellation of land certificates and the requirements that you can see below.

Land Certificate Cancellation

Cancellation of a land certificate is a cancellation of a decision to grant a land right or land title certificate. This could happen for several reasons. One of the things that often happens is administrative reasons, the certificate of land rights can be canceled if in this case there is another party who can prove that the land parcel for which the certificate was issued is legally and in fact his property. Of course, supported by a court decision that has been inkracht .

Cancellation of land certificates automatically also cancels the ownership of land rights to owners whose certificates are canceled. Therefore there is no difference between the cancellation of land certificates and the cancellation of land rights.

Cancellation of land certificates can be done if there is a miscalculation of the land area, or other problems. Well, it's the same as when you buy a house you also have to check the certificate of ownership of the house. Here's a list of houses in the Surakarta area under IDR 500 million here!

Legal Basis for Cancellation of Land Certificates

The legal basis for canceling land certificates is based on Article 1 point 14 of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 9 of 1999 concerning Procedures for Granting and Canceling State Land Rights and Management Rights (“Permen Agraria/BPN 9/1999”) explains that the cancellation of land rights is a cancellation of a decision to grant a land right or certificate of land rights because the decision contains administrative legal defects in its issuance or to implement a court decision that has been inkracht .

Cancellation of land rights can also occur due to implementing a court decision that has permanent legal force. A decision letter for canceling land rights according to Article 104 paragraph (2) of the Minister of Agrarian Affairs/BPN 9/1999, is issued if there are: administrative legal defects; and/or carry out court decisions that have permanent legal force.

Based on the provisions of Article 104 paragraph (1) of the Minister of Agrarian Affairs/BPN 9/1999, the object of cancellation of land rights includes:

  • decree granting land rights.
  • land title certificate.
  • decision letter granting land rights in the context of land tenure arrangements.

Conditions for Cancellation of Land Certificates

Based on Article 106 paragraph (1) jo. Article 107 Permen Agraria/BPN 9/1999 a request for annulment can be made if it is suspected that there is an administrative legal defect in the issuance of the certificate

Administrative legal defects as referred to in Article 106 (1) are as follows:

  • procedural errors;
  • Misapplication of laws and regulations;
  • Right subject error;
  • Right object error;
  • right type error;
  • Wide miscalculation;
  • There are overlapping land rights;
  • The juridical data or physical data are incorrect; or
  • Other errors of an administrative nature

Land Certificate Cancellation Procedure

As explained regarding the cancellation of land certificates, there are 3 ways to cancel land rights certificates, namely as follows:

1. Request cancellation from the Minister of Agrarian Affairs and Spatial Planning/National Land Agency through the Land Office

The reason for the cancellation of the certificate of land rights is due to administrative legal defects, such as miscalculations and land area, thus encroaching on other land, overlapping land rights, procedural errors, or other actions, such as falsification of documents.

This is requested in writing to the Minister of Agrarian Affairs and Spatial Planning/National Land Agency through the Land Office whose working area covers the location of the land in question.

Also attached are the following files:

  • photocopy of proof of identity and proof of citizenship (for individuals) or photocopy of deed of establishment (for legal entities);
  • photocopy of decree and/or certificate;
  • other files related to the cancellation request.

2. Lawsuit to the State Administrative Court (PTUN)

According to Article 1 number 7 of Law Number 30 of 2014 concerning Government Administration (“UU 30/2014”) State Administrative Decrees (“KTUN”) are written decisions issued by government bodies and/or officials in administering government.

In our opinion, a certificate of land rights is a form of KTUN. What also needs to be considered is the time limit for filing a lawsuit at the Administrative Court, which is 90 days from the receipt or announcement of the decision of the state administrative agency or official as stipulated in Article 55 of Law Number 5 of 1986 concerning State Administrative Court.

3. Lawsuit to District Court

Everyone who wants to file a lawsuit for unlawful acts regulated by Article 1365 of the Indonesian Civil Code with the basis and arguments that the plaintiff thinks and the plaintiff thinks it is detrimental, for example, you sell a plot of land to a buyer and the buyer has not fully paid you , but has submitted the process of returning the name of the land certificate.