Kepastian Hukum dan Perlindungan Hukum dalam Sistem Publikasi Pendaftaran Tanah di Indonesia

Apriani, Desi and Bur, Arifin (2021) Kepastian Hukum dan Perlindungan Hukum dalam Sistem Publikasi Pendaftaran Tanah di Indonesia. Bina Mulia Hukum, 5 (2). pp. 221-239. ISSN 2528-7273

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Abstract

Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the accuracy of the data presented in the certificate. This at first glance illustrates the condition where legal certainty is not guaranteed in land registration activities, so that many parties want the government to change the land registration policy towards a positive system. The author is interested in further research with the aim of obtaining a philosophical understanding of the land registration publication system prevailing in Indonesia. This research is a normative legal research using secondary data. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system is not valid forever, but is only valid for 5 years. The negative publication system in Indonesia still adheres to a positive element, where the government will guarantee the correctness of the data presented after 5 years of registration of the land. This restriction aims to provide legal protection for the true land owner, so that it is possible for a claim by parties who feel they are entitled to within 5 years of the legally issued certificate. In this way, legal certainty as the objective of land registration is achieved. Philosophically, this system is in accordance with the legal values that live in society, where land must be obtained in good faith, occupy it in real terms and maintain it. This provision is further enhanced by the national land law, namely by registering rights to obtain legal certainty and protection. It is better if those who feel entitled to land really control their land in real terms and register the rights, so that protection and legal certainty are obtained even with a negative system.

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