As an acceleration program for land registration in Indonesia that is directly led by the President, Complete Systematic Land Registration (PTSL) should provide a guarantee of legal certainty and protection regarding land ownership rights. However, in fact, the role of the land deed official (PPAT), as a public official who receives a mandate from the Governmental Regulation no. 24 of 1997 regarding Land Registration, is not found within the implementation of PTSL. The present research aimed to investigate the role of PPAT in the implementation of PTSL. Using normative legal approach, this study employed literature study to collect the primary data. This research found that PPAT does not have any role in regulatory legislation regarding PTSL. If we see Governmental Regulation no. 24 of 1997, all transfers occurring after the issuance of the regulation requires PPAT’s deed as written evidence of land ownership. The adjudication committee as the PTSL implementer supposes to collaborate with PPAT to make sure that PTSL meets the steps of juridical data collection in order to obtain an orderly, complete land registration that provides legal certainty regarding land ownership right.
Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.
Perlembagaan Indonesia memberi kepastian terhadap hak pengagihan tanah atau dalam perundangan Indonesia disebut agraria yang merupakan hak asas bagi semua warganegara Indonesia. Pertikaian masalah tanah (agraria) masih kerap berlaku di dalam masyarakat yang menunjukkan sistem pengurusan pentadbiran tanah Indonesia memerlukan pindaan perundangan. Salah satu permasalahan pertikaian ini adalah disebabkan oleh pendaftaran tanah yang belum memberi kepastian, keadilan dan manfaat bagi masyarakat persekitaran mengenai hak memiliki tanah. Kajian ini memiliki matlamat untuk mengkaji kaedah yang mesti dipatuhi dengan mekanisma pendaftaran tanah di Indonesia sebagai usaha penyelesaian pertikaian tanah dalam masyarakat. Hasil kajian mendapati tiga faktor penting dalam kaedah pengurusan pendaftaran tanah di Indonesia yang memberi manfaat terhadap usaha penyelesaian pertikaian masalah berkenaan, iaitu (1) perlu menguatkan semula kekuasaan negara ke atas tanah atau dikenali Hak Menguasai Negara atas tanah di Indonesia, (2) Pembaharuan Sistem Pentadbiran tanah (agraria) sebagai kejayaan pendaftaran tanah dan (3) Pensijilan merupakan bukti kepastian memiliki ke atas tanah berdaftar.
The ratio between the increased demand and limited land makes affordable housing in urban areas more difficult to accommodate. Indonesia and Malaysia, as populous countries, face problems related to housing access, especially for low-income earners in urban areas. The research was undertaken for two reasons. First, problems related to housing access for low-income earners in urban areas should be solved as soon as possible. Second, it is necessary to conduct a study in order to analyze and compare these two countries in measuring low-income earners on housing access in urban areas. To this end, the normative legal approach was applied. The materials used in this study were relevant statutes, rules, regulations, journals, articles, thesis, seminar papers, and electronic materials. The result showed that the fulfillment of housing access highly depends on the state’s developmental goals. It is also associated with principles of development that each country adheres to. The government is expected to provide accurate data in measuring low-income earners on housing access. Identification of beneficiaries by combining income classification and ability to housing access may facilitate policymakers with ease when taking affirmative measures. It is necessary to suggest initiative collaboration involving academicians, business sectors, community, and government (ABCG) in Indonesia and Malaysia to provide adequate housing in urban areas.
Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.
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