The Role of Land Deed Official Regarding Legal Certainty of Complete Systematic Land Registration

Yubaidi, Ricco Survival

doi:10.25216/jhp.9.1.2020.27-42

Cited by 6 publications

(8 citation statements)

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“…Mastery of an owner, to be perfect includes not only the power to give inter vivos but also the power to bequeath it (Pound Roscoe, 1972). In principle, customary property rights already exist or in other words managing the village to divide the land among its residents for agricultural and settlement purposes which can be passed on to the next generation (Yubaidi, 2020).…”

Section: Methodsmentioning

confidence: 99%

“…Objection to a basis of rights/evidence of acquisition used as a basisgift rights (civil) c. Confusion or errors in granting rights due to the application of regulations that are lacking or incorrect d. Disputes or other problems that contain practical/strategic social aspects (Rusmadi Murad, 1999) Legal regulations regarding land disputes have been regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases. The definitionof a Land Dispute is a land dispute between individuals, legal entities, or institutions that do not have a broad impact(Yubaidi, 2020). In contrast to the definition of Land Conflict is a land dispute between peopleindividual, groups, groups, organizations, legal entities, or institutions that have a tendency or have had a broad impact.…”

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confidence: 99%

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PTSL Program in the Context of Conflict Prevention and Land Disputes

Prasetyo

2023

yurisdiksi

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That the status of land ownership in Indonesia is still not completely registered, for example customary landin a few Territories in Indonesia are still not registered, so in order to obtain proof of land ownership, parties who control customary property rights must submit an application for land registrationfirst time through the local land office. Often, in several cases, customary land cannot be registered due to various reasons, such as a lack of information or the unavailability of a fee to register the land. Customary land that has not been registered will result in the vulnerability of land disputes or conflictsin later days, and this is anticipated by establishing a Complete Systematic Land Registration procedure by the Government through the Ministry of Agrarian Affairs and Spatial Planning with the APBN/APBD budget. The purpose of this legal research is nothing elseis as a means of adding knowledge in the field of law which is expected to be of benefit to practitioners and the public. Methods This legal research uses a normative juridical research method which is carried out by examining literature or secondary data using a conceptual, statutory and case approach. The results of this study are that PTSL can be a solution for the Government in completing the programcertification all plots of land that exist on Indonesian soil and can prevent and know which land plots will have the potential for conflict, the benefits of PTSL can also reduce the potential for misconduct by village officials in providing land history documents or proof of physical ownership of customary land. That PTSL has a series of procedures that are passed by involving the village to get maximum results in issuingcertificate which is the spearhead of the PTSL activities. The series of PTSL procedures, namely planning, location determination, preparation, formation and determination of the PTSL adjudication committee and task force, counseling, collection of physical data and collection of juridical data, research on juridical data to prove rights, announcement of physical data and juridical data and their ratification, confirmation of conversion, recognition of rights and grant of rights, bookkeeping of rights, issuance of certificates of land rights, documentation and submission of activity results and reporting.

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Section: Methodsmentioning

confidence: 99%

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confidence: 99%

PTSL Program in the Context of Conflict Prevention and Land Disputes

Prasetyo

2023

yurisdiksi

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“…In connection with this accountability, according to Moegni Djojodiredjo (1982) includes losses due to unlawful acts by others, which means that it is not always the perpetrators of acts that can be sued for accountability, but can also be other people, even though people it is not a party that actually commits an illegal act. His actions resulted in other parties suffering losses, so they have the right to request compensation from the perpetrators because their actions harm other parties (Yubaidi, 2020;Yulianti & Indiana, 2019;Anwar, 2020).…”

Section: Certificate Of Land Which the Application Is Conducted By A Party That Is Not A Right Holder Or Land-ownermentioning

confidence: 99%

The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

Putra¹

2020

JLLR

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The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of 26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection.

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“…Article 33, paragraph 3 of the 1945 Constitution states, in relevant part, that "the land and the waters, and the natural riches therein, are to be controlled by the state to be exploited to the greatest benefit of the people." This mandates, among other things, the equal enforcement of land right ownership (Yubaidi, 2020). To this end, the government plans to create laws and statutes governing every aspect of citizens' lives, including the management of all property that rightly pertains to Indonesia.…”

Section: Introductionmentioning

confidence: 99%

“…Reference being made to Government Regulation Number 24 of 1997, a PPAT document is required as recorded evidence of possession or transfer of property rights for all transactions occurring after the issuing of this regulation. The Adjudication Committee as the executor of Complete Systematic Land Registration should coordinate with PPAT to ensure that Complete Systematic Land Registration fulfills the stages of juridical data research so as to achieve orderly, complete land registration and provide legal certainty regarding ownership of land rights (Yubaidi, 2020).…”

Section: Introductionmentioning

confidence: 99%

Problems with Complete Systematic Land Registration Regulations Perspective of Legal Certainty

Sudrajat

Suriaatmadja

Jamilah

2023

JLS

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One of the government's endeavors to promote legal clarity and maintain communal land rights is to register all land in Indonesia. The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency is in charge of a statewide program called Complete Systematic Land Registration, which aims to speed up the land registration process. In accordance with the directive issued by the Minister of Agriculture and Spatial Planning/National Land Agency Director. A number of problems prevent the implementation of Complete Systematic Land Registration, including inconsistencies in government regulations, the Minister of Agrarian Affairs and Spatial Planning's regulations, and the Law on Regional Taxes and Regional Retributions. Legitimacy Theory, Legal Validity Theory, and Legal Certainty Theory all stipulate that statutory regulations may not conflict with other regulations in order to provide certainty; these theories should be followed if the government is serious about achieving the goal of Complete Systematic Land Registration. Legislation provides safeguards for those with title to land, free of normative conflicts and the potential for multiple interpretations at the administrative and judicial levels. Both the normative legal approach and the synchronization legal approach will be included into the analysis of the qualitative data used in this study.

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The Role of Land Deed Official Regarding Legal Certainty of Complete Systematic Land Registration

Cited by 6 publications

References 0 publications

PTSL Program in the Context of Conflict Prevention and Land Disputes

PTSL Program in the Context of Conflict Prevention and Land Disputes

The Basics of Good Faith and Good Intention in Land Purchase System in Indonesia

Problems with Complete Systematic Land Registration Regulations Perspective of Legal Certainty

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