1. Introduction

A land certificate, as a product of state administration, plays an important role because it functions as strong evidence of rights as well as a guarantee of legal certainty in the field of land affairs. However, in practice, the existence of a certificate does not always provide clarity, particularly when disputes arise, such as duplicate certificates or conflicting ownership claims. This condition gives rise to a fundamental issue regarding the limits of judicial jurisdiction, namely whether a lawsuit for the cancellation of a land certificate falls within the jurisdiction of the Pengadilan Tata Usaha Negara (PTUN) as the authority reviewing the validity of administrative decisions issued by state administrative officials, or instead within the jurisdiction of the District Court (Pengadilan Negeri (PN)) as the authority having jurisdiction over civil disputes.

2. Differences in the Jurisdiction of the PTUN and the District Court

The authority of a court to examine, hear, and decide a case is referred to as jurisdiction, which is divided into relative jurisdiction and absolute jurisdiction. Relative jurisdiction relates to the territorial jurisdiction of a court, whereas absolute jurisdiction is the authority of a court to adjudicate a case based on the division of authority and allocation of duties that absolutely cannot be examined by any other judicial body. The absolute jurisdiction of the District Court is to examine civil disputes, such as disputes over ownership rights, sale and purchase, inheritance, breach of contract, and unlawful acts. Conversely, pursuant to Article 47 of Undang-Undang No. 5 Tahun 1986 tentang Peradilan Tata Usaha Negara, the PTUN has jurisdiction to adjudicate disputes in the field of state administrative law arising from the issuance of a state administrative decision by a governmental body or official.

3. Land Certificates as State Administrative Decisions (KTUN)

Pursuant to Article 1 point 9 of Undang-Undang No. 51 Tahun 2009 tentang Perubahan Kedua Atas Undang-Undang Nomor 5 Tahun 1986 Tentang Peradilan Tata Usaha Negara, the elements of a State Administrative Decision (Keputusan Tata Usaha Negara (KTUN)) are as follows:

a. A written determination;

b. issued by a state administrative body or official;

c. containing a state administrative legal act;

d. based on the prevailing laws and regulations;

e. concrete, individual, and final in nature;

f. giving rise to legal consequences for an individual or a private legal entity.

Accordingly, a land certificate normatively fulfills the elements of a State Administrative Decision because it is issued by the BPN, is concrete and individual in nature, and gives rise to legal consequences. Consequently, the cancellation of a land certificate, in principle, falls within the jurisdiction of the PTUN to examine and adjudicate such dispute.

4. Time Limit for Filing a Cancellation of a Land Certificate

An application for the cancellation of a land certificate on the grounds of an administrative defect is, in principle, subject to a specified time limit. This provision is stipulated under Article 64 point 1 of Peraturan Pemerintah No. 18 Tahun 2021 Tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun, dan Pendaftaran Tanah (PP 18/2021), which affirms that administrative cancellation may only be carried out within a period of 5 (five) years from the date the certificate is issued.

Such cancellation may be carried out with respect to:

a. Land Rights issued for the first time and not yet transferred,

b. Land Rights that have been transferred, where the parties did not act in good faith in relation to such transfer of rights in accordance with the prevailing laws and regulations,

c. due to overlapping Land Rights.

However, after the expiration of the 5 (five)-year period, pursuant to Article 64 point 2 of PP 18/2021, an attempt to cancel a land certificate may only be submitted through judicial proceedings.

5. Surat Edaran Mahkamah Agung (SEMA) as Guidance for Filing Lawsuits

The Supreme Court of the Republic of Indonesia has issued guidance to distinguish between state administrative disputes and civil disputes through several Surat Edaran Mahkamah Agung (SEMA), which serve as references for judges in determining adjudicative jurisdiction and for parties intending to file lawsuits, including:

a. SEMA Nomor 7 Tahun 2012 provides clear criteria for determining the appropriate jurisdiction of a dispute:

Where a lawsuit challenges the validity of the issuance of a State Administrative Decision from the aspects of authority and procedure, such dispute constitutes a state administrative dispute.

However, where the determining aspect in reviewing the validity of the KTUN concerns the substance of land ownership rights, the authority to examine and adjudicate the dispute lies with the general courts.

b. SEMA Nomor 4 Tahun 2014 affirms that where there are already clear indications of a civil dispute, the judge is not required to conduct an in-depth examination of the aspects of authority, procedure, and substance of the relevant KTUN.

Accordingly, the determination of jurisdiction to adjudicate a lawsuit for the cancellation of a land certificate cannot be made solely based on a formal approach, but must instead be based on the object and substance of the dispute submitted. Where the lawsuit is intended to examine the administrative validity of the issuance of the land certificate, jurisdiction lies with the Pengadilan Tata Usaha Negara. Conversely, where the principal dispute concerns the proof and determination of ownership rights over land, jurisdiction to adjudicate lies with the District Court.

6. Conclusion

a. A lawsuit for the cancellation of a land certificate may fall within the jurisdiction of the PTUN where the issue being challenged is the validity of the issuance of the land certificate.

b. Conversely, where the dispute concerns ownership rights over land, jurisdiction to adjudicate lies with the District Court.