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1. Implementation of Land Registration for the First
Time.
Muhammad Salman Al-farisi - 20410185
2. legal Basis
The Basic Agrarian Law
Number 5 of 1960
Law no 10 of 1961
Regulation of the Minister of
State for Agrarian Affairs
3. Introduction
Land registration, according to Article 19 of the UUPA, refers to the
government's attempts to achieve legal certainty by conducting land
registration across the Republic of Indonesia in line with the circumstances
governed by Government Regulations.
Article 1 of Land Registration Law Number 10 of 1961 defines land registration,
which reads "Land registration is carried out by the Land Registration Bureau
according to the provisions of this Government Regulation and begins on the
date stipulated by the Minister of Agrarian Affairs for each region."
Land registration is a series of activities carried out continuously, continuously
and regularly by the government, including the collection, processing, and
bookkeeping of physical and juridical data, in the form of maps and lists,
regarding land parcels, packages, and flat units, as well as granting
certificates. as proof of their rights to plots of land that already have rights
and ownership rights to the land.
4. Land Registration is a series of activities carried out on a continuous,
continuous, and regular basis by the government, including the collection,
processing, and bookkeeping of physical and juridical data, in the form of maps
and lists, concerning land parcels, packages, and apartment units, as well as
the provision of certificates as proof of their rights to land parcels that already
have rights and ownership rights to the land.
6. In article 13 paragraph (1) PP. No. 24 of 1997, there are 2 (two) forms of land registration for the first
time, namely systematic land registration and sporadic land registration. Land registration is carried
out for the first time through systematic land registration and sporadic land registration.
Systematic land registration is a land registration activity for the first time that is carried out
simultaneously which includes all land registration objects that have not been registered in the
territory or part of a village or sub-district area, while sporadic land registration is a land registration
activity for the first time regarding one or several objects of registration. land in the territory or part
of the territory of a village or sub-district individually or in bulk.
8. The problem of proving rights
Proof of rights in the implementation of PTSL is regulated in Article 22 of the Regulation of the
Minister/Ka. BPN No. 6 of 2018. The problem is related to a written statement regarding ownership
and/or physical control of a plot of land in good faith, in terms of incomplete or non-existent proof of
land ownership.
must also pay attention to the applicable regional regulations, because there are several regional
regulations that regulate the Declaration of Physical Control of the Land Sector in the form of a
regional regulation. For example, the Regional Regulation of Tanah Bumbu Regency No. 13 of 2016
concerning Registration of Statement of Physical Control of Land Sector, which regulates or requires
registration obligations, procedures, prohibitions and supervision, reporting and sanctions in terms of
registration or recording from the applicant in order to obtain a Register Number of Statement of
Physical Control of Land Sector from the village/lurah to realize orderly land administration in the
village/kelurahan.
9. The problem of proving rights
In order to minimize the occurrence of land dispute cases, the role and coordination of the
village/kelurahan should not be ignored in making a Statement of Physical Control of the Land Sector
as formal evidence of control over land in good faith, there must be recognition and justification by
the customary law community or the village/kelurahan concerned.
Furthermore, the element of good faith from the fact that physically controls, uses, utilizes, and
maintains land from generation to generation within a certain time and/or obtains it by not violating
the provisions of the legislation. Good faith is evidenced by the statement of the
applicant/participant of PTSL Adjudication stating: a). there are no objections from other parties on
land owned or not in a state of dispute; and b). does not include or is not an asset of the Government,
Regional Government, or State-Owned Enterprises/Regional Owned Enterprises; or Forest Area
(Article 22). Basically, good faith is interpreted as honesty, the honesty of the right holder in the
acquisition of his land,
10. Conclusion
The National Land Agency has regulated all types of
land registration problems in accordance with the
Regulation of the State Minister of Agrarian
Affairs/Head of the National Land Agency Number 3
of 1997 concerning Provisions for the Implementation
of Government Regulation Number 24 of 1997
concerning Land Registration. This land registration
procedure, in my opinion, is extremely necessary for all
Indonesians to comprehend so that they may clearly
understand that the government also offers unique
privileges where with land registration, land rights
holders will acquire proof of their land rights,
specifically land certificates. As a result, the holder of
land rights will be assured the existence of their rights
with the certificate.