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Abstract

Endah Suratriningsih, MH 15.26.1849. The JUDICIAL IMPLICATIONS OF


COMPLETION of land RIGHTS DOUBLE IN BLORA DISTRICT LAND
OFFICE (Study Case No. 10/LP/SKP/III/2014 Blora District Land Office).
One of the land disputes arising is the existence of the dual completion. Such as in
case that happened in Blora exactly in the village of Source , Kradenan Sub-
district . There had been a double completion between the property no. 114,
Kradenan Sub-Source Village on behalf of Sutomo and Property Rights no. 396
villages Kradenan Sub-sources , The Property no. 445, Property Rights no. 1054
and Property Rights no. 1793 Villages Kradenan Sub-sources .
This research aims to know the process of double completion in Blora District
Land office, know of the existence of the barriers and the solution and the
resolution of the rights to the land of the double know the judicial implications that
arise after the completion of the dual completion, so that in the future does not
happen again the emergence of double completion.
The research method used in this approach is the nomative juridical that focusing
research on bibliographical data or called secondary data. The specifications of
this research is a descriptive analytical, because it aims to give the impression of
the facts comes with an accurate analysis of the regulation is connected with the
theory of the theory of the law and the practice of the reasons of a certificate of
land rights to double.
Based on the results of research and discussion is produced to the conclusion
that the process of double completion on the Blora District Land Office arose due
to the carefulness of measuring officers may, which causes the emergence of the
barriers with the emergence of a crisis of confidence society against the
government because of the emergence of overlapping on the ownership of land
certificates, so that to overcome these obstacles there must be a solution to
increase the trust of the community provide directives on the servants of BPN to
more carefully and have a complete data. So the implication of the existence of this
double certificate is there is a need to revamp the system and the data on the land
office to tackle the dual certificate. Such as in Blora District Land office has
occurred which is a dual completion appliance valid proof of land ownership of
the case No. 10/LP/SKP/III/2014. There had been a double completion between
Property Rights no . 114 villages Kradenan Sub-Source on behalf of Sutomo ,
Property Rights no. 396 villages Kradenan Sub-Source on behalf of Su tomo,
Property Rights no. 445 villages Sub-district, Kradenan source of property rights
no. 1054 Villages Kradenan Sub-source, and Property Rights no. 1793 Source
Village Kradenan Sub-district.

Key Words : the implications of the Judicial, Dual Completion


The motto and the offering

"someone with a clear purpose will make progress while passing through the way
that difficult.Someone without purpose, will not make progress even though it was
in the way that smoothly."

"Verily Allah will not change the fate of a house unless the house of itself to
change its destiny" (Surat. Ar Ra'ad; 11)

The Offering

This thesis as an offering to :


 My mother loved ones , DARNINGSIH that has many gave moral support
so that it can be achieved this success
 Your beloved husband, RIGHTEOUS TAUFIQ HIDAYAT, SH which has
many members support either review or moral , so that it can be finished
dal am writing
 Children- my beloved, ALISA SOLEKHA, S TKep, ANISA
SOLEKHA,SH, ALFIAN HIDAYAT AND AVIN AROFAH HIDAYAT
which has many help us'
 My friends loved ones, CALL HIM ELBA HABIBAH, SP. DIAN FERRY
ANGGRIAWAN, ST that has helped in the writing of this thesis
 Do not forget to also all the lecturers Unisula and my neighbors all that
could not i mention one by one who has a lot of support and guidance to
me, we speak many thank you.
The Preface

Alhamdulillahirabbil'alamin, Almighty God, the owner of all of science


and the universe. All puja and praise be to Him the approval of him in the
settlement of this thesis is titled " The Judicial implications of Completion of Land
Rights Double in Blora District Land Office (Study Case No. 10/LP/SKP/III/2015
on the Blora District Land Office"
West Java, bachelor theses this does not remove from the guidance and
support from various parties therefore , on this occasion the author would like
to say thank you to:
1. Mr H. Anis Malik Thoha, Before D , as the Rector of the Islamic University of
Sultan Agung Semarang I admire and respect ;
2. Mr Dr Jawade Hafi dz , SH, MH as the Dean of the Faculty of Law of the
University of Islam Sultan Agung Semarang ;
3 Ibu Dr Hj. Sri Endah Wahyuningsih, S.H., M.H. as Head of Study Program
Master of Science of Law Faculty of Law of the University of Islam Sultan
Agung Semarang ;
4. The mother of Dr Lat h ifah Hanim, S.H., M.Hum, M. Kn as Mentor I and Mr
Dr Maryanto, S.H, MH. as Mentor II in the formulation of this thesis. Thank
you for the guidance and advice of the valuable advice that has been given to
the author and the author is able to arrange this thesis with good.
5. Mr Dr Umar Ma'ruf, S.H., M.H., Ibu Dr Latifah Hanim , S.H.,M.Hum, M.Kn
and Mr Dr Maryanto,S.H.,M.H. as a team of Examiners in the implementation
of the test proposal the thesis author. Thank you for all the comments and
suggestions that is build for the betterment and perfection in the making of the
thesis.
6. All parties that could not be the author of the list one by one that has been
motivating, support donations, thinking material assistance and non-matter,
Author haturkan many thank you.
7. Bapak / Ibu lecturer teaching on the Master of Science of Law of the
University of Islam Sultan Agung.
8. All speakers in the writing of this thesis is that we could not list one by one that
has made the success on this thesis writing.
9. Friends of Rembang District Land Office which has many give more support ,
donations thinking, the help of the material and non material , author haturkan
many thank you.
10.All staff of the Master of Science of Law of the University of Islam Sultan
Agung Semarang we could not mention one by one, which has many members
support both material and non material, author haturkan many thank you.
11 Do not forget all my beloved, Orangtuaku, My husband my children, and all
my brothers and sisters loved ones that have support me we haturkan many
thank you.
Criticism and suggestions that is build always the author waited for him as
a reference for the next scientific paper. Hopefully this paper can be useful both to
the author and to all parties who thirst for knowledge, especially law science.

Semarang, August 2016

Endah Suratriningsih
NIM: MH 15.26.1849
Statement

I ber the signature below the name ENDAH SURATRININGSIH with this states it
- it as follows :

1. This thesis is the result of my own work and in this thesis is not there is the
work of others who had been submitted to obtain a degree in Higher
Education or any education institution. The taking of the work of others in
this thesis is done by mentioning the source as listed in the list of the library.
2. No objection to published by the Islamic University of Sultan Agung by any
means, either in whole or in part to the interests of academic or scientific non-
commercial use of his nature with the first get permission from me.

Semarang, August 2016

That states

ENDAH S UR ATRININGSIH

Table of Contents

I ............................................................................. TITLE Page


Confirmation page ................................................................ ii
The approval of the advisor ......................................................... iii
The PREFACE ..................... .................................... ................ . iv
Statement ...................................................................... . v
Abstract .......................................................................................... . v i
ABSTRACT.......................................... ............................................... vi i
Offering page ............................................................ vii i
The motto and offerings........................................................... I x
Table of Contents ........................................................................................ X
Chapter I Introduction
A. The background of the Problem ................................................... .................... 1
B. The formulation of problems ........................................................... ...................
. .4
C. The purpose and benefits of research ......................................... ..................... 4
D. The Benefits of research ............................................................................... 5
E. The Conceptual Framework ........................................................................... . 5
F. Research Method ................................................................................ . 8
G. Systemic Writing ......................................................................... . 10
Chapter II Literature Review
A. Certificate Overview .................................................................... 1 1
1. Institutional history of Land ............... .....................................1 1
2. The sense of certificates .................................. ....................................1 9
3. The sense of Land Registration ....................... .................................. 22
4. The principle of the . and The Purpose of the Registration of
Land .......................... .......................24
B. land law reviewed from the point of view of Islam (Syariah ) ......2 9
1. The law of Land ............................ ..........................................2 9
2. Ownership of the land and the implications ............................. ................. 30
C. Certificate form ................................................................................ 3 2
1. The strength of the evidence of a certificate .............................
................................. 3 2
2. Double Sertifiakt ............................................................................ 3 4
3. An overview of HGB (Rights to the building ) .............................. 38
4. An overview of HP ( Right ) .. ........................................... 40
5. A review of the cancellation of land certificates ............................. 46
Chapter III Research Results AND DISCUSSION
A. The process of pitch were Double Certificate District Land Office
Blora (case No 10/LP/SPK/III/2014)........................................... ... 54
B. The barriers and the solution with the existence of the Dual Land Rights
And the settlement of the District Land Office Party
Blor a against the problem of the Dual certificate terserbut .............................
.. . 63
1. Solving the Problems of the Dual Certificate Law . .63 ......................
2. The settlement of land disputes Double Certificate in Blora District Land
Office (case No
10/LP/SPK/III/2014) ...................................................................................
................70
C. The implications of the Judicial against a Certificate of Land Rights double in
the Office
Blora District agency case no. 10/LP/SPK/VIII/2014 )............... 77
1. The judicial impact of the Dual Certificate by the BPN . ........................... . 77
Chapter V THE COVER
A. The conclusion ........................... .................................................................. 96
B. Suggestions ........................................................................... ...........................
97
A list of the library .................................................................................. 98
Attachments

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