International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 3 (2022)

Problems of the land registration system in Indonesia (A case study of a land registration system that does not guarantee legal certainty over land rights)


Jhonsen Ginting, Natangsa Surbakti

The primary feature of the negative registration system is that land registration does not guarantee that the registered names are absolute and cannot be disputed if it turns out that the registered name is not the real owner. Another primary characteristic is that the official behind the name plays a passive role, meaning that the official concerned is not obliged to investigate the truth and the letters given to him. The negative land registration system also brings about a lot of land disputes. Disputes become natural, considering that the certificate holder cannot feel safe about his rights due to the absence of legal certainty. The negative land registration system also does not incentivize officials who handle land registration to investigate the veracity of land rights applications and their letters or documents seriously. In the event of a deadlock, Kuhn offers the concept of a paradigm shift, namely daring to switch paradigms or scientific revolutions in solving problems. According to Kuhn, the old paradigm or system is not a sacred thing, and humans are always dynamic in looking for systems, paradigms, and science to be better. Concerning Kuhn's thinking, a positive land registration system can be an attractive option in ensuring legal certainty for certified landowners and reducing the high level of land-related disputes.
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How to cite this article:
Jhonsen Ginting, Natangsa Surbakti. Problems of the land registration system in Indonesia (A case study of a land registration system that does not guarantee legal certainty over land rights). International Journal of Law, Volume 8, Issue 3, 2022, Pages 145-149
International Journal of Law