Land Registration_Student Assignment_Lecturer Ricco Survival Yubaidi (4).pdf

1. IMPLEMENTATION OF LAND REGISTRATION
IN REGENCY OF WEST LAMPUNG
Dhiva Athala Mazaya Yuva
20410405
Agrarian Law (A)

2. OUTLINE
Introduction
Case
Analysis
Conclusion

3. INTRODUCTION
Indonesia has the right to control the state over land which is affirmed in Article 2 paragraph (2)
of Law Number 5 of 1960 concerning Basic Agrarian Regulations. The article implies that the
position of the state in managing and regulating community land rights is related to the position
as ruler, not as owner. Nevertheless, Indonesia has guaranteed the rights of its people.
In order to guarantee legal certainty in land ownership, the government conducts land
registration throughout the territory of the Republic of Indonesia. This land registration aims to
provide legal certainty to be realized which includes certainty of the status of the rights listed,
certainty of the subject of rights, and certainty of the object of rights. In addition to a certificate
of rights, this land registration also results in solid proof of control or ownership of the land.

4. One of the programs the government has for land registration is called Complete Systematic Land
Registration (PTSL). The discovery of land in Indonesia that has not been certified or has no certificate
by the government is the background for the implementation of the PTSL program. The government has
planned a program to accelerate land registration through PTSL until 2025. For the implementation of
these activities, the President of the Republic of Indonesia has signed Presidential Instruction Number
2 of 2018 concerning Acceleration of Complete Systematic Land Registration in All Territories of
the Republic of Indonesia. The issuance of several regulations related to PTSL because the number of
land parcels in the territory of Indonesia is very large, so a breakthrough is needed regarding land
registration in order to realize orderly administration in the land sector; one of the ways is through land
registration which will produce evidence (certificates) that can be achieved in a short time.
PTSL which is implemented in West Lampung, is basically a form of attention from the government to
provide legal certainty and legal protection of community land rights. In addition, the issuance of land
certificates should be adjusted to the affordability of the community, in accordance with the principle of
land registration, namely the principle of being affordable. With this principle, the government can ease
the burden of certain parties and can reach those who need it, especially the middle-income
community. On the contrary, the implementation of PTSL in West Lampung is still constrained by the
existence of other levies/donations other than the costs specified in the land registration.

5. CASE
In the Joint Decree of the Minister of ATR/Head of BPN, Minister of Home Affairs, Minister of
Villages, Development of Disadvantaged Regions and Transmigration Number 34 of 2017
concerning Financing of Complete Systematic Land Registration Preparations, it is stated that
the amount of costs required to prepare for the implementation of PTSL is divided into 5 categories;
Lampung is included in Category IV in the amount of Rp200,000.00. Conversely, the fees charged
for the implementation of PTSL in West Lampung, precisely in Way Tenong Pekon Sukaraja District,
in 2019 reached IDR 700,000.00 per field.
Despite the fact that the cost of making the certificate was mutually agreed on January 3, 2019 in
the Minutes of Making PTSL Certificates for Pekon Sukaraja, Way Tenong District, namely with the
result of deliberation that the community was willing to spend Rp200,000.00 and additional
operational funds of Rp500,000, 00 as a basis for facilitating Pokmas tasks from the beginning of
data collection to the completion of certificate issuance, the majority of the community still face
problems with the high cost of the land registration.

6. ANALYSIS
Referring to Article 1 point 1 Government Regulation Number 24 of 1997 on Land Registration,
"Land registration is a series of activities carried out by the government continuously, continuously and
regularly, including the collection, processing, bookkeeping, and presentation and maintenance of
physical data and juridical data, in the form of maps and lists, regarding land parcels and housing units.
flats, including the provision of proof of title for parcels of land that already have rights and ownership
rights to the apartment units as well as certain rights that encumber them."
As been mentioned before, one of the land registration programs is the Complete Systematic Land
Registration (PTSL). Based on the Regulation of the Minister of Agrarian Affairs and Spatial
Planning Number 6 of 2018, PTSL is defined as a land registration activity for the first time which is
carried out simultaneously for all land registration objects throughout the territory of the Republic of
Indonesia in one village area/ward or other names at the same level, which includes the collection of
physical data and juridical data regarding one or several objects of land registration for the purposes of
its registration. Moreover, the purpose of holding PTSL is to realize the provision of legal certainty and
legal protection of community land rights based on the principle of land registration so as to improve
the economy of the country and prevent land conflict disputes.

7. According to Article 2 of Government Regulation Number 24 of 1997 concerning Land
Registration, land registration is carried out based on simple principles, safe principles,
affordable principles, up-to-date principles, and open principles. In this case, the principle of
being affordable in the issuance of land certificates needs to be enforced so that even the
middle class of the economy can afford it.
In the PTSL program, there are two types of costs, namely administrative costs and
implementation process costs. Administrative costs are costs that are paid when the PTSL
program is run. For the Lampung area, the fee charged is Rp200,000.00. This fee is intended to
provide legal certainty for people who will register their land through the PTSL program, such as
document files, stakes, and operational activities of village officers. In addition to administrative
costs, there are processing costs, namely costs incurred by the government during the process
of making certificates to issuance.
In the financing of PTSL at Pekon Sukaraja Way Tenong, there are details of fees for other
levies/donations other than the specified costs, namely the operational costs of the Pekon
Executive Committee or Pokmas PTSL at Pekon Sukaraja Way Tenong.

8. Referring to the Joint Decree of the Minister of ATR/Head of BPN, Minister of Home Affairs,
Minister of Villages, Development of Disadvantaged Regions and Transmigration Number 34
of 2017 concerning Funding for Complete Systematic Land Registration Preparation, the
government's operational costs are Rp200,000.00. However, in this case, the committee
and the Pekon Government will charge another fee for the committee in the amount of Rp.
500,000.00. The additional costs are used for the committee and measurement officers
with reasons for eating, drinking, and smoking during the certificate-making process.
Consequently, the cost that must be paid by the public for PTSL registration in West
Lampung is Rp700,000.00. This is certainly burdensome for people with middle-income
economies. In addition to having to meet their daily needs, the community is charged with
paying land registration fees. Therefore, many people still have not registered their land
because they prioritize their daily needs.

9. The existence of an affordable principle in land registration should play a major role in
lightening the burden for certain parties and reaching out to those who need it, especially
the middle economic community, not the other way around.
As a result, the fulfillment of the affordable principle of PTSL at the West Lampung Regency
Land Office has not been fulfilled because the fees collected have not been reached by the
community. The community assumes that PTSL costs are still relatively expensive, especially
the existence of other levies/donations outside of the predetermined costs, namely the
operational costs of the Pekon or Pokmas Executive Committee even though these costs are
a mutual agreement by deliberation between the community and Pokmas in each area of
West Lampung Regency.
Apart from obstacles from the Regional Government, the Land Office, and the Pekon
Government, there are several obstacles that cause the implementation of PTSL in West
Lampung to be ineffective, such as the lack of public understanding, the condition of
people's livelihoods, as well as the high cost of PTSL.

10. The fulfillment of the affordable principle in the Complete Systematic Land Registration at the
West Lampung Regency Land Office has not been fulfilled. This is because the fees charged
are not yet affordable by the community. The community assumes that the cost of Complete
Systematic Land Registration is still quite expensive, especially the existence of other
levies/donations other than the predetermined costs, namely the operational costs of the
Pekon or Pokmas Implementing Committees.
This happened because of various obstacles in the Complete Systematic Land Registration
(PTSL) at the Land Office of West Lampung Regency, such as the lack of understanding of the
community, the condition of community livelihoods, and the high cost of PTSL.
CONCLUSION