returns to its status as the strongest right

Oct 13, 2025 by recoveryshake.com 4 views

Legal Protection for Creditors Against Guarantees of Ownership Rights in Forest Areas in the North Padang Lawas Regency

Introduction

The North Padang Lawas Regency in Indonesia has been plagued by overlapping authority between the Land Office and the Forestry Service, leading to legal uncertainty and impacting regional economic development. This issue is exemplified by the ownership conflict over land located in forest areas, which has been claimed by both the Forest Service and the Land Office. The complexity of this issue raises questions regarding the legal status of certificates issued in forest areas and the protection of creditors when debtors default.

Background

The conflict over land ownership in North Padang Lawas Regency began with the issuance of certificates by the Land Office in 2007, which were claimed as customary land and settlement areas. However, based on the Map of SK Appendix. 44/Menhut-II/2005, the disseminated lands are in the forest area. In 2012, the certificate was guaranteed by the holder of his rights to obtain credit at PT. Bank of North Sumatra Gunungtua Branch. This condition raises questions regarding the legal status of the certificate as a guarantee and legal protection for the creditor when the debtor defaults.

Legal Analysis

Normative juridical research shows that the certificate that has been issued in the forest area does not have a legal force as a means of granting debt, because it cannot be imposed on the loading of Underwriting Rights. This means that the protection of creditors in Article 1131 and 1132 of the Civil Code referring to the Mortgage Rights Law is not met. As a result, PT. Bank of North Sumatra Cab. Old Gunung does not have a position as a privileged creditor. In the process of executing guarantees when debtor default, PT. Bank of North Sumatra Cab. Old Gunung cannot execute because the mortgage rights to the certificate are not registered.

However, this problem found a bright spot with the decision of the Constitutional Court No. 45/PUU-IX/2011 concerning Testing Article 1 Number 3 Forestry Law No. 41 of 1999. The decision stated that the appointment of forest areas through the decree. 44/Menhut-II/2005 does not bind. This means that the lands that are designated as forest areas without forest inauguration first are not a forest area. Thus, the certificate that has been issued returns to its status as the strongest right.

Impact and Recommendations

This case is an important lesson regarding overlapping authority and unclear status of land legal in Indonesia. Clarity of land legal status is very important to create legal certainty and protect the rights of all parties, both the community, creditors, and the state. Efforts are needed synchronization of regulations and coordination between agencies related to solve the problem of overlapping authority. In addition, it is necessary to do structuring and inauguration of forest areas transparently and accountably to prevent future land ownership conflicts.

It is also important for creditors to do due diligence carefully Before receiving guarantees in the form of land, including ensuring the legal status of land and potential legal risks. This can be achieved by conducting thorough research and analysis of the land's legal status, as well as consulting with experts in the field.

Conclusion

The case of land disputes in North Padang Lawas Regency shows that overlapping authority and unclear status of land legal can lead to complex legal conflicts. Although the decision of the Constitutional Court has provided a solution to this problem, this does not guarantee that similar cases will not be repeated in the future. Therefore, arrangement and synchronization of regulations and improvement of coordination between related agencies is very important to create legal certainty and protect the rights of all parties in the use and management of land in Indonesia.

Recommendations for Future Research

This case study highlights the importance of clarifying land legal status and preventing overlapping authority between agencies. Future research should focus on:

Synchronizing regulations and coordination between agencies to prevent similar cases from occurring in the future.
Structuring and inauguration of forest areas transparently and accountably to prevent future land ownership conflicts.
Conducting thorough research and analysis of the land's legal status before receiving guarantees in the form of land.
Improving coordination between related agencies to create legal certainty and protect the rights of all parties in the use and management of land in Indonesia.

By addressing these issues, future research can provide valuable insights and recommendations for policymakers and stakeholders to create a more stable and secure land ownership system in Indonesia.
Frequently Asked Questions (FAQs) on Legal Protection for Creditors Against Guarantees of Ownership Rights in Forest Areas in the North Padang Lawas Regency

Q1: What is the main issue in the North Padang Lawas Regency regarding land ownership?

A1: The main issue in the North Padang Lawas Regency is the overlapping authority between the Land Office and the Forestry Service, leading to legal uncertainty and impacting regional economic development. This issue is exemplified by the ownership conflict over land located in forest areas.

Q2: What is the significance of the certificate issued by the Land Office in 2007?

A2: The certificate issued by the Land Office in 2007 was claimed as customary land and settlement areas. However, based on the Map of SK Appendix. 44/Menhut-II/2005, the disseminated lands are in the forest area. This certificate was later guaranteed by the holder of his rights to obtain credit at PT. Bank of North Sumatra Gunungtua Branch.

Q3: What is the legal status of the certificate issued in the forest area?

A3: Normative juridical research shows that the certificate that has been issued in the forest area does not have a legal force as a means of granting debt, because it cannot be imposed on the loading of Underwriting Rights. This means that the protection of creditors in Article 1131 and 1132 of the Civil Code referring to the Mortgage Rights Law is not met.

Q4: What is the impact of the decision of the Constitutional Court No. 45/PUU-IX/2011 on the case?

A4: The decision of the Constitutional Court No. 45/PUU-IX/2011 stated that the appointment of forest areas through the decree. 44/Menhut-II/2005 does not bind. This means that the lands that are designated as forest areas without forest inauguration first are not a forest area. Thus, the certificate that has been issued returns to its status as the strongest right.

Q5: What are the recommendations for creditors to protect their rights?

A5: It is essential for creditors to do due diligence carefully before receiving guarantees in the form of land, including ensuring the legal status of land and potential legal risks. This can be achieved by conducting thorough research and analysis of the land's legal status, as well as consulting with experts in the field.

Q6: What are the implications of the case for the use and management of land in Indonesia?

A6: The case highlights the importance of clarifying land legal status and preventing overlapping authority between agencies. Efforts are needed to synchronize regulations and coordination between agencies related to solve the problem of overlapping authority. In addition, it is necessary to do structuring and inauguration of forest areas transparently and accountably to prevent future land ownership conflicts.

Q7: What are the future research directions to address the issues raised by the case?

A7: Future research should focus on:

Synchronizing regulations and coordination between agencies to prevent similar cases from occurring in the future.
Structuring and inauguration of forest areas transparently and accountably to prevent future land ownership conflicts.
Conducting thorough research and analysis of the land's legal status before receiving guarantees in the form of land.
Improving coordination between related agencies to create legal certainty and protect the rights of all parties in the use and management of land in Indonesia.

By addressing these issues, future research can provide valuable insights and recommendations for policymakers and stakeholders to create a more stable and secure land ownership system in Indonesia.