International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/3

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

The Legal Status of Final and Binding Court Decisions as the Basis for Certificate Issuance at the National Land Agency

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Abstract

Land issues in Indonesia remain a complex challenge, particularly regarding land ownership disputes that lead to legal uncertainty and prolonged conflict. Court decisions that have reached final legal force (inkracht van gewijsde) normatively possess binding and final authority to provide legal certainty. Consequently, they should serve as the legal basis for the National Land Agency (BPN) to carry out administrative actions, specifically the revocation and issuance of land title certificates. This study aims to analyze the legal status of final and binding court decisions as the foundation for certificate issuance at BPN and to examine the underlying administrative procedures. This study employs a normative legal research method utilizing statutory, conceptual, and case approaches. The results indicate that final and binding court decisions play a crucial role in ensuring legal certainty and protecting land rights by conferring legitimacy upon the rightful legal subjects. However, their efficacy heavily depends on BPN's administrative implementation. The administrative procedure encompasses the submission of an application, verification of the court ruling, examination of physical and legal data, cancellation of the previous certificate, and issuance of a new certificate to the prevailing party. In practice, implementation encounters obstacles such as ambiguous court order dictums, resistance from losing parties, and discrepancies in field data. Therefore, enhanced synergy between judicial institutions and BPN is essential to ensure that court decisions provide optimal legal certainty and land rights protection for the public.

How to Cite This Article

Hadwin Biyandi, Lalu Hadi Adha Arba (2026). The Legal Status of Final and Binding Court Decisions as the Basis for Certificate Issuance at the National Land Agency . International Journal of Judicial Law (IJJL), 5(4), 101-108. DOI: https://doi.org/10.54660/IJJL.2026.5.4.101-108

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