Land Registration_Student Assignment_Lecturer Ricco Survival Yubaidi (1).pdf

1. The Implementation of the
Complete systemic land
registration (PTSL) Programme
in Jombang Regency
Agrarian Law
Agustina Zahrotul Jannah - 20410778

2. Topic Outline
Introduction
Problem Formulations
Analysis and Discussion
Recommendation
Conclusion
Regulations

3. Development is an essential indication of a country's performance in delivering services,
meeting community needs, and creating public welfare. Article 33 paragraph (3) of the
Republic of Indonesian Constitution of 1945 states that earth, water, and other natural
resources owned by Indonesia must be used to improve the welfare of Indonesian society. The
Basic Agrarian Law (UUPA) Article 6 and Article 20 paragraph (1) and paragraph (2) control
the interpretation of land rights and social functions (2). The existence of a land certificate or
other letter proving the issued land ownership rights by the government, such as the Ministry
of Agrarian Affairs and Governance Space or the National Land Agency (BPN), which will then
be given to the land owner, can be used to prove land ownership certificates.
Introduction
The government, through the Ministry of Agrarian Affairs and Spatial Planning (Ministry
of ATR) or the National Land Agency (BPN), releases a National Program (Prona),
notably the program Acceleration of Complete Systematic Land Registration (PTSL).
The government governs the PTSL program in Permen ATR/BPN Number 6 of 2018
throughout the Republic of Indonesia's territory, which encompasses the current
regencies, including village areas, sub-districts, sub-districts, and urban regions that
are still covered by Indonesian land territory.

4. In this presentation, we will discuss societal problems in my hometown, such as how to
implement the registration acceleration program Complete Systematic Land (PTSL) in
Jombang Regency, with the goal of learning about the implementation carried out by the
government, such as the Ministry of Agrarian and Spatial Planning or BPN as the program's
executor in Jombang Regency.
Introduction
The government is carrying out socialization through BPN as the organizer of the PTSL
program, namely through the sub-district and the entire, with the purpose of informing
the people about the benefits of the PTSL program. The PTSL program is being
executed as a whole so that the entire community may benefit from it. This program is
being implemented for free since it has been financed by APBD/APBN finances with
special budget funds for Complete Systematic Land Registration.
According to Joko Widodo, President of the Republic of Indonesia, only 46,000,000
plots of land had certificates in 2015, out of a total of 126,000,000 plots of land. BPN
can only issue about 500,000 land certificates each year.

5. East Java is one of the provinces in Indonesia, and the PTSL Acceleration program is
organized by the Ministry of ATR/BPN. According to the Head of the Ministry of ATR Sofyan
Djalil, East Java Province has 9,250,000 new land parcels and still 1,249,997 (13.5 percent)
registered land parcels occurred related to the implementation of the PTSL program in
East Java, such as problems related to BPHTB and PPh, which are considered too high by
the community. It is also connected to the community's and village authorities' lack of
comprehension of the PTSL program's execution.
Introduction
Jombang Regency is one of several regencies in East Java Province that administer the
PTSL program. BPN/ATR Jombang Regency will have completed a land title certificate
for 62,000 pieces of land by 2021. District and city administrations have the same
jurisdiction in general, although regencies and cities are autonomous territories with
the capacity to conduct their own government matters. According to East Java
Province BPS statistics on the Number of Villages/Kelurahan in 2021, Jombang
Regency has 777 urban villages.
The foundation for the selection is based on the number of large to small villages
because Permen ATR/BPN Number 6 of 2018 Article 7 paragraph (3) section b
According to the Minister of Agrarian and Spatial Planning/Head of National Land
Agency (2018), the determination of priority places is Village/Kelurahan locations that
implement PRONA/PRODA.

6. The focus of this discussion is on the implementation of the PTSL program in Jombang
Regency by using Van Meter and Van Horn's theory, which states that there are six
variables that influence successful program implementation: (1) standards and policy
objectives; (2) resources; (3) inter-organizational relations; (4) the characteristics of
implementing agents; (5) the implementer's disposition; and (6) social conditions,
economics, and politics.
Introduction

7. Problem Formulations
How to accelerate the implementation of the
Registration program of Complete Systematic
Land in East Java Province, especially in
Jombang Regency?

8. Law No.28 Year 2009 Article 87 Paragraph
(1) Regarding Regional Taxes and Levies.
Permen ATR/BPN regarding PTSL program
from 2018 to 2021
The Constitution of the Republic of
Indonesia of 1945
Legal Basis
Law Number 5 of 1960 BAL

9. Analysis and Discussion
According to Permen ATR/BPN RI No. 9 2021 concerning Licensed
Surveyors in Chapter 1 article 1 land registration is a series of activities
carried out by the government continuously, continuously, and
regularly, which includes: collection, processing, bookkeeping, and
presentation and maintenance of physical data and juridical data, in
the form of maps and lists of land parcels, and units flats, and in the
event that the provisions have been fulfilled, including the provision of
proof of rights for parcels of land that already have rights, and
apartment units, as well as certain rights that burden him.
The PTSL program's aims are to supply the public with valid and
grounded proof legislation relating to land certificates. The presence
of a legitimate land certificate will limit the occurrence of land-related
conflicts.

10. Analysis and Discussion
In Cluster 1 (K1) are parcels of land whose physical and juridical
data have satisfied the conditions for the issue of certificates of
land rights.
In Cluster 2 (K2), the physical and legal facts on the plot of land
have satisfied the standards for the issuing of land certificates, but
there is still a case in court and/or a disagreement.
Cluster 3 (K3) is broken into three sections. Cluster 3.1, for example,
is a parcel of land whose implementation has been completed
until the physical and juridical data are then continued on the
activities of proving rights and announcing physical and juridical
data, but cannot be recorded and the issuance of a hectare
certificate on the land because the subject and or object have not
fulfilled certain conditions, such as the subject not being willing to
make a statement letter due to BPHTB and/or PPh.
On the instructions and technical execution of PTSL in 2020, there are
numerous output clusters from the PTSL program, among others:

11. Analysis and Discussion
Cluster 3.2 land parcels cannot be recorded and the certificate of land
rights is issued because the object of the land is P3MB, Prk5, ABMAT,
ulayat land which includes group 3 houses whose rent has not been paid
off, the object of nationalization, or the subject is a resident foreign
country, BUMN/BUMD/NUMH, Private Legal Entities where land
consolidation cannot be issued a land certificate in accordance with the
provisions apply.
Cluster 3.3 is a PTSL product that is carried out to the stage of gathering
physical data because there is no SHAT money available in the current
fiscal year, the subject is unknown or reluctant to join the PTSL program,
and the subject is unknown or unwilling to join the PTSL program. Then
Cluster 4 (K4) is undiscovered land whose object and subject have
previously been recorded and have a land title certificate.
Photocopies of ID cards and the applicant's KK, evidence of land acquisition,
proof of payment of land and building taxes, land certificates native who
knows the Village Head as proof that the land is not in dispute are all
required to register land in the PTSL program. If the prerequisites are
satisfied, the applicant registers with the village apparatus, which then
forwards the application to the BPN, which processes the application for
registration.

12. Analysis and Discussion
According to Van Meter and Van Horn (1975) there are 6 variables that affect
the success of implementationa program, namely
(1) policy standards and targets;
(2)resource;
(3) inter-organizational relations;
(4)characteristics of implementing agents;
(5) the disposition of the implementor;
(6) social, economic, political conditions.
PTSL Implementation in Jombang Regency

13. Analysis and Discussion
According to Van Meter and Van Horn (1975) there are 6 variables that affect
the success of implementationa program, namely
(1) policy standards and targets;
(2)resource;
(3) inter-organizational relations;
(4)characteristics of implementing agents;
(5) the disposition of the implementor;
(6) social, economic, political conditions.

14. (1) policy standards and targets
Jombang Regency is implementing the PTSL program utilizing
Permen ATR/BPN Number 6 of 2018 as the standard. This is due to
the fact that the Head of BPN Jombang has carried out the
preparation and implementation process in accordance with the
standard order of the ATR/BPN Ministerial Regulation above,
which cooperates with the adjudication committee, physical task
force, juridical, administrative, and committee members from
villages that have worked well together to achieve the goals of
the PTSL program.

15. (2) Resource
Jombang Regency, in the execution of the program PTSL, is
carried out by the Jombang Regency BPN office, such as the
head of the Jombang Regency BPN who assigns responsibilities
to Jombang district BPN personnel. The tasks are divided as
follows: the establishment of an adjudication committee and a
task force (physical, legal, and administrative). In addition, BPN
Jombang Regency works with Surveyors Licensed Cadastre,
KJKSB, and/or Legal Entities. Geospatial information is surveyed
and mapped by the firm. Furthermore, the Jombang Regency BPN
office works with the sub-district, sub-district, and village
administrations to complete the stages of the PTSL program
implementation.
The drawbacks of implementing the PTSL program in BPN
Jombang Regency include a shortage of human resources,
specifically surveyors and cadastral surveyor assistants.

16. (3) inter-organizational relations
Jombang Regency, in the execution of the PTSL program, inter-
organizational linkages arise, such as the Jombang Regency BPN,
which created committees, task forces, and local governments, one
of which is the village government, to expedite PTSL program
implementation. As for the synergies that occur in Jombok Village,
the first stage was marked by the Jombok Village government
participating in the PTSL program by submitting a proposal to the
Jombang Regency BPN with considerations: approval by looking at
the number of owners of Tax Returns Payable (SPPT), and then the
next step will be carried out by the implementor consisting of
committees, task forces, and local government.
One of the barriers to implementing PTSL in Jombang Regency is a
lack of communication and explanation from the Jombang Regency
BPN with the village government regarding administrative problems
required in the proposal's application, as well as a lack of
understanding provided by the Jombang Regency BPN regarding the
importance of land registration.

17. (4) characteristics of implementing agents
Jombang Regency in terms of PTSL program implementation, BPN
Jombang Regency has implemented PTSL program in compliance
with current processes and in a cohesive way. This may be
observed in the synergy that exists between the head of the
Regency BPN Jombang and the committees and task forces
involved in the PTSL program's execution.
However, in addition to the rising number of land parcels
participating in the PTSL program each year, additional land is
required in order to operate the PTSL program without impeding
its implementation. The residents of Jombang Regency are
likewise still unaware of administrative obligations. To address
these issues, the BPN of Jombang Regency must work together
with other stakeholders to hasten the implementation of the PTSL
program.

18. (5) the disposition of the implementor
Regency of Jombang The BPN of Jombang Regency executed the PTSL
program in compliance with current rules, namely Permen ATR/BPN No. 6 of
2018 about PTSL and orders of the President of the Republic of Indonesia
No. 2 of 2018 concerning PTSL. The head of the Jombang Regency BPN has
prepared facilities and infrastructure such as human resources,
transportation, and budget allocation for conducting the PTSL program
during the preparatory stage. Regarding the PTSL program implementation
in Jombang Regency, the implementors have carried out their obligations in
compliance with existing rules, as evidenced by the Regency BPN. Jombang
has completed 14 stages of the PTSL program implementation.
However, there are still incomplete files from the device villages that have
an impact on accelerating the PTSL program, as well as a lack of
community knowledge about the importance of land registration, making it
difficult to pay attention to the placement and maintenance of land
boundaries based on an agreement with the parties concerned. Then there
is the issue of the BPN Jombang Regency not correlating the number of ASN
with the performance of each member, resulting in the need for additional
BPN members owing to the increasing number of PTSL participants each
year.

19. (6) social, economic, political conditions
Jombang Regency In the execution of the PTSL program, the
social circumstances in Jombang Regency are as follows: a lack
of public knowledge of the need of land registration in order to
receive a land certificate that may be utilized in the future for
the benefit of the owner. Furthermore, there are still parcels of
land that lack boundary lines, resulting in the establishment of
the PTSL program. In terms of economic circumstances, the
community is taxed Rp. 150,000 for land classified as V under the
Minister of ATR/BPN RI No. 6 item 40 of 2018. Furthermore, in
terms of political situations, improved cooperation is required
between the BPN of Jombang Regency, the Prosecutor, the
Police, the Village Government, and the community in order to
realize the PTSL program's aims.
Because there are still village government members who do not
understand the administrative criteria for PTSL filings, there are
still incomplete files filed with the BPN.

20. Jombang Regency has carried out the PTSL program in compliance with the
regulations outlined in Permen ATR/BPN Number 6 of 2018. There are 13 phases
in article 4 number 4 that must be completed in line with existing processes.
The execution of the PTSL program must also be backed by the required
resources to meet the PTSL program's objectives. Human resources, for
example, are one type of resource.
Obstacles to the execution of the PTSL program in Jombang Regency
mentioned above include that there are still people who do not comprehend
the need of land registration, resulting in delays in the process of expediting
land registration. There are also village authorities and community
organizations who are unaware of the administrative criteria for participation
in the PTSL program.
The second barrier is connected to PPh and BPHTB, which some people believe
is excessively high. BPHTB is determined by Law Number 28 Article 28
Paragraph 1 of 2009 about Regional Taxes and Regional Levies, where the
amount of BPHTB is 5% of the Acquired Value of Tax Objects (NPOP). More
than Rp.60,000,000 in NPOP must be charged to BPHTB, although the majority
of applicants had NPOP in excess of Rp.60,000,000. However, if the applicant
is unable to pay PPh and BPHTB, he or she may file a written application for PPh
and BPHTB due. This is governed by Permen ATR/BPN Number 6 Article 33 of
2018.
Conclusion

21. Barriers related to a lack of public understanding of the importance of land
registration and a lack of understanding of village officials and community
groups regarding administrative requirements for the PTSL program
implementation, to overcome this, it is preferable if the BPN and village
assistants such as village officials and community groups selected to assist
in the implementation of the PTSL program further improve coordination
regarding the implementation of the PTSL program. Furthermore, the BPN
can give training to parties involved in the PTSL program's execution, such
as village authorities and community organizations, on PTSL instructions
and technical implementation.
Furthermore, obstacles related to PPh and BPHTB, preferably related
parties such as BPN and so on, provide explanations to the community and
implementors who directly deal with the community regarding how to
calculate the amount of costs PPh and BPHTB, how the collection
mechanism works, as well as the payment period for PPh and BPHTB based
on Permen ATR/BPN Number 6 Article 33 Year 2018.
Recommendation

22. References
Damayanti, Dita. Penyelesaian Sengketa Jual Beli Hak Milik atas
Tanah dan Hambatan Hambatannya. Thesis of Islamic University of
Malang 2020.
Lucida, Tita. Perubahan Batas Patok pada Penetapan Tanda Batas
Tanah yang Menimbulkan Konflik dalam Penerbitan Sertifikat Tanah
untuk Pertama Kali di Kantor Pertanahan Kabupaten Jombang. Thesis
of Brawijaya University 2019
Parapat, John., Badrudin, Kurniawan. Implementasi Program
Pendaftaran Tanah Sistematis Lengkap (PTSL) sebagai Upaya
Pencepatan Pendaftaran Tanah di Provinsi Jawa Timur

23. Thank You
for your Attention!