Legal Certainty and Legal Protection for Holders of Certificates of Ownership: An Analysis of Judgment No. 3/Pdt.G/2020/PN.Atb and Judgment No. 2174 K/Pdt/2021

Abstract

This study analyzes the legal implications of Article 32(2) of Government Regulation No. 24 of 1997 on Land Registration regarding legal certainty and protection for holders of Certificates of Ownership. Using a normative legal research method with a statutory approach, a case-based approach, and a conceptual approach, this study examines the legal reasoning (ratio decidendi) in the Atambua District Court Decision No. 3/Pdt.G/2020/PN.Atb and the Supreme Court’s judicial review No. 2174 K/Pdt/2021. The analysis is conducted through three main theoretical pillars: the Theory of Judicial Rationale (Ratio Decidendi), Gustav Radbruch’s Theory of Legal Certainty, and Rudolf von Jhering’s Theory of Legal Protection. The research findings indicate that the first-instance court’s setting aside of the 5-year time limit was based on the protection of customary land rights and the identification of procedural defects; however, this departure from the rule undermined formal legal certainty (rechtssicherheit). Conversely, the Supreme Court restored stability in land registration by affirming the strong probative force (stark bewijskracht) of the evidence and the guarantee of protection for bona fide purchasers in accordance with SEMA No. 1 of 2017.