Juridical Analysis Of Overlapping Certificates Of Ownership (Sertipikat Hak Milik) In Land Disputes Study Of Nabire District Court Decision No. 18/Pdt.G/2018/Pn.Nab

Abstract

Overlapping certificates of ownership (sertipikat hak milik) create legal uncertainty for land rights holders. This normative juridical research analyzes legal consequences and legal protection based on Nabire District Court Decision No. 18/Pdt.G/2018/PN.Nab using statute, theoretical, and conceptual approaches. The findings reveal that holders of overlapping certificates face loss of physical control over land, are declared to have committed unlawful acts, and are imposed dwangsom, yet the certificates are not automatically invalidated administratively. Legal protection is realized through careful land registration and court settlements prioritizing earlier rights holders with stronger evidence, reflecting the principles of legal certainty and justice.