Ideal Regulation of Land Registration Using Land Certificate as Evidence Based on Legal Certainty

Abstract

The purpose of this study is to find out why the regulation on land registration in Indonesia is not ideal yet and what is the Ideal Regulation of Land Registration Using Land Certificate as Evidence Based on Legal Certainty. This writing method uses a constructivism paradigm, namely a paradigm with an ontology of relativism, a sociological juridical approach method, namely an approach by seeking information through direct interviews with informants empirically first and then proceeding with conducting research on primary data contained in interviews with informants and then strengthening it with studies literature through theoretical steps, the nature of this research is descriptive- analytical where the data is obtained from field data both interviews and/or questionnaires which are carried out by directly observing the competent parties. The result of the study shows that the system has weaknesses and technical constraints, namely in the process of collecting juridical data and physical data of land registration applicants is considered not in accordance with the achievement of targets from the PTSL program, lack of effectiveness of complete systematic land registration in theoretical studies the legal system is influenced by factors of legal substance. As well as suggestions in this writing, namely, the principle of Nemo Plus Juris should be able to better protect owners of land rights, to minimize the occurrence of lawsuits in court, land registration officers from the BPN/Ministry of Agrarian should examine the correctness of physical and juridical data on a plot of land accurately, if the landlord when land certificates act tend not to comply with regulations (not obey/disobey), then a reconstruction of land registration changes can be carried out because they are deemed unable to provide legal certainty and legal protection for holders of land certificates, the effectiveness of law enforcement or application is determined by the performance of BPN as PTSL organizers in maximizing the implementation of the PTSL program, presenting an innovation in e-certificates issuing policies regarding the enforceability of electronic land certificates equipped with hash code security, QR code, and single identity.