Judges' Consideration on Decision 451 K/Tun/2019 in Issuing Certificate of Proprietary Rights Without Objects

Abstract

Considerations of Judges Decision 451 K/TUN/2019 In Issuing Certificates of Ownership Without Objects, raises a problem, namely how are judges' considerations in deciding cases of certificates of ownership issued without objects in the Makassar State Administrative Court decision number 49/G/2018/PTUN.Mks, Makassar State Administrative High Court decision number 20/B/2019/PTTUN.Mks. and legal protection for owners of land rights SHM No. 22142/Gunung Sari, with an area of 10,065 M2 in the name of Haji Muhammad Zikir which has been revoked and crossed out from the register book of the Makassar City Land Office based on Supreme Court decision number 451 K/TUN/2019. The results of the analysis are that it is a weakness of our justice system, especially the state administrative court institutions that do not review the object of the dispute. Judges' considerations in deciding cases of property rights certificates are issued without objects. first, courts of appeal and courts of cassation. Legal protection for certificate holders without land objects is given the right to sue the PTUN against BPN, and the holder is only given rights protection in line with the form of protection for certificate owners which is part of the 1945 Constitution article 1 (paragraph) 3 relating to the rule of law, as well as Government Regulation No. 24 of 1997 article 4.