ANALISIS YURIDIS NORMATIF PERTIMBANGAN HUKUM HAKIM DALAM PEMBATALAN SERTIFIKAT HAK MILIK MELALUI PUTUSAN PTUN SERANG NOMOR 50/G/2022/PTUN.SRG

The Certificate of Ownership as evidence of land rights possesses strong evidentiary value and serves to provide legal certainty for its holder. However, an ownership certificate may be annulled if, in the process of its issuance, it is proven to contain administrative legal defects or to contravene the prevailing laws and regulations. This study aims to analyze the judges’ legal considerations in the Decision of the Serang Administrative Court Number 50/G/2022/PTUN.SRG, which annulled Ownership Certificate Number 02407/Lengkong Gudang Timur in the name of Zaenudin, as well as to examine the legal consequences arising from the decision on the validity of the ownership certificate. This research employs a normative juridical method with statutory, case, and conceptual approaches. The results of the study indicate that the judges’ legal considerations were generally based on Government Regulation Number 24 of 1997 on Land Registration and Law Number 30 of 2014 on Government Administration, particularly in assessing the existence of procedural defects in the issuance of the certificate due to the absence of careful measurement and verification of physical and juridical data. Nevertheless, this study finds that the judges’ legal considerations still have certain limitations, as the application of the principle of prudence was not elaborated in detail at each administrative stage and did not comprehensively take into account aspects of legal certainty and legal protection for the certificate holder, especially with regard to the assessment of good faith. The annulment of the ownership certificate in the decision results in the loss of its legal force as evidence of land rights and may potentially lead to legal uncertainty if it is not accompanied by proportional legal considerations.