Legal Certainty of Evidence on Land in the Administrative System Land Registration in Indonesia

Abstract

Land is essentially one of the main assets for the Indonesian people in achieving state goals. Land is a main element in development towards the formation of a just and prosperous society based on Pancasila and the 1945 Constitution. One of the principles of the rule of law is the guarantee of legal certainty, legal order and legal protection, which contains the values ​​of truth and justice, by providing guarantees and protection of the rights of citizens. including the implementation of policies in the form of systems and services in the land sector. The regulation of services in the land or agrarian sector is through Law Number 5 of 1960 concerning Basic Agrarian Provisions. The purpose of the promulgation of the LoGA as the goal of national Agrarian Law is contained in the General Elucidation of the LoGA. The formulation of the problem in this research is how is the legal certainty of proof of land rights according to Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration? and How is the public and administrative service system at the Ministry of Agrarian and Spatial Planning (ATR)/National Land Agency (BPN) in issuing proof of land rights as proof of ownership of land rights? The research method used is normative juridical research which is supported by empirical, this type of research is analytical descriptive. The data used are secondary data and the data analysis technique used is the deductive method. The results show that legal certainty of evidence of land rights according to Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registrations can be applied in an effort to settle objects of land rights disputes. In the public service system related to the implementation of land registration activities as proof of ownership of Land Rights, there are 8 (eight) types, namely: Registration of deeds; Registration system; Torren System (Torren Act); Publication System; Specialty system;system Cadastre rechts (cadastral rights); Bookkeeping system; and the registration system for the transfer of rights and encumbrances.