The Implementation of Cancellation of Land Title Certificates Due to Administrative Defects After the Enactment of Government Regulation No 18 of 2021: A Case Study of the Land Office in Malang Regency

Abstract

The research examines the implementation of the cancellation of land certificates due to administrative defects by the National Land Agency (BPN) in Malang Regency following the enactment of Government Regulation No 18 of 2021. Researchers adopted a socio-legal approach with a juridical-anthropological perspective to investigate human behaviour within the cultural context, particularly in the legal realm. Researchers collected primary data through interviews with the Head of the Section for Control and Resolution of Disputes at the Land Office of Malang Regency. Secondary data, including legal regulations, documents, literature, and online sources, were obtained through a literature review. The study reveals that the annulment process is categorized into light, moderate, and severe cases based on complexity. Challenges include determining parties acting in bad faith, lacking technical guidance for evidence collection, and lacking a timeframe for dispute resolution, resulting in inefficiencies. The BPN of Malang Regency received minimal cancellation requests, reflecting low public awareness. Efforts to address these challenges involve classifying cases appropriately, recommending cancellations to the Regional Office, and enhancing public awareness through awareness campaigns. The study concludes that while the BPN follows prescribed procedures, improvements in defining good faith, establishing clear evidence collection guidelines, and implementing timeframes for dispute resolution are essential for more efficient and just handling of certificate cancellations.