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VOL. 10, ISSUE 3 (2024)
Aspects of legal certainty of land declaration letters as guidelines for land registration with negative stelsel
Authors
Arrum Chairunisa, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko
Abstract
Indonesia adheres to a
negative publication system in land registration activities, where the state
does not guarantee the correctness of the data presented in the certificate.
This briefly illustrates the condition that legal certainty is not guaranteed
in land registration activities. Many people still think that the land
statement they own is proof of ownership of land rights. The results of the
analysis show that basically the negative publication system adopted by
Indonesia is not a publication system that does not guarantee legal certainty.
This is because the negative publication system does not apply forever. The
negative publication system in Indonesia still adheres to positive elements,
where the government will guarantee the correctness of the data presented after
5 years of the land being registered. These restrictions actually aim to
provide legal protection for land owners, so that it is possible to file
lawsuits by parties who feel entitled. This can be seen in land cases in the
judicial process, such as the case of decision Number 161/Pdt.G/2022/PN Plk,
where the Judge stated that the Land Declaration Letter was valid and had binding
legal force in the name of Mr. Hari Damai Adam. Land Statement Letter Number:
140,594 /230/KL-MTG/PEM dated 12 March and Head of Jekan Raya District Register
Number: 594.138/3692/PEM.IX/2016 dated 20 September 2016. This research uses
normative research methods accompanied by primary legal materials and secondary
legal materials. To answer legal issues by describing, examining, studying and
explaining accurately and analyzing applicable laws and regulations as well as
various opinions of legal experts, with the aim of getting answers to issues
raised. A Land Declaration Letter is a letter issued by the sub-district as
proof of land ownership before it becomes a Certificate.
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Pages:181-186
How to cite this article:
Arrum Chairunisa, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko "Aspects of legal certainty of land declaration letters as guidelines for land registration with negative stelsel". International Journal of Law, Vol 10, Issue 3, 2024, Pages 181-186
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