Land registration system in the perspective of legal security for land rights certificate holders
Abstract
This research aims to find a land registration system that has legal certainty for holders of land title certificates in Indonesia. Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the correctness of the data presented in the certificate. This briefly illustrates the condition that legal certainty is not guaranteed in land registration activities, so that many parties want the government to change the land registration policy towards Positive Stelsel. The author is interested in studying further how the land registration system can provide legal certainty for holders of land title certificates? and How is an appropriate land registration system implemented in Indonesia to provide legal certainty to land title certificate holders? This research uses a normative juridical research type, using a statutory approach, a conceptual approach and a comparative approach. The results of the research show that the negative publicity system has a positive tendency which is applied in the land registration system in Indonesia as a cause of inconsistent legal protection and legal certainty for holders of land title certificates as strong evidence, where the State does not guarantee the correctness of recorded physical and legal data in the evidence document. The role of the state as regulated in Article 33 Paragraph (3) of the 1945 Constitution cannot be applied to provide legal protection and legal certainty to land title certificate holders who have a positive publication system. The most ideal positive publication system is implemented in the land registration system in Indonesia which provides legal protection and legal certainty to holders of land title certificates because proof of title is strong evidence and the State guarantees the correctness of physical data and legal data recorded in the evidence document.
How to Cite This Article
Holla, Rizal Prabowo, Firman Floranta Adonara, Bhim Prakoso, Iswi Hariyani (2024).
Land registration system in the perspective of legal security for land rights certificate holders
. International Journal of Social Science Exceptional Research (IJSSER), 3(4), 11-18.