RE-CONCEPTION OF COMPREHENSIVE AND SYSTEMATIC LAND REGISTRATION TO BRING ABOUT LEGAL CERTAINTY FOR LAND RIGHTS

Abstract

Policies governing land registration have developed over time, and the government has taken recurrent measures to arrive at the best but simple and effective model. In 2018, the government launched a Comprehensive and Systematic Land Registration Program, implemented by 2025. This program was aimed at those holding no certificates to guarantee legal certainty and land rights. This research aims to initiate a re-conception of land rights law from the perspective of maslahat (benefits). With empirical-juridical methods and statutory and conceptual approaches, this research reveals that the implementation of this Comprehensive and Systematic Land Registration Program carries some shortcomings in terms of payable land tax (income tax and Land and Building Title Acquisition Fee), human resources, facilities and infrastructure, absentee land, maximum excess and abandoned land, physical and juridical data announcement, the implementation of party’s awareness principle of kontradiktur delimitasi (witnessing every process of land measurement by all parties) and right-proving. This re-conception program is aimed at covering existing weaknesses by synchronizing laws, conducting simpler and more integrated stages of implementation, excellent human resources management, and improvement of supervisory management and supervision. The Ministerial Regulation concerned needs to be reviewed to be considered in higher laws to ensure solutions to escalating land registration problems.

Keywords

• re-conception
• model
• ptsl
• legal certainty
• maslahat principle