LEGAL RECONSTRUCTION OF LAND OWNERSHIP CERTIFICATES FROM A POSITIVISM PERSPECTIVE

Abstract

In principle, a certificate of land rights is a proof of title issued by the Land Office, which serves as a strong means of proof regarding physical data and juridical data on a plot of land. The purpose of this study is to analyze (1) the strength of certificates as a basis for ownership of land rights; and (2) Reconstruction of legal certainty from land ownership certificates through a legal positivism approach in Indonesia. This research is normative legal research with statutory, conceptual, and comparative approaches. The data analysis technique used is juridical analysis, namely analysis based on theories, concepts, and laws and regulations. The results of the study show that (1) The strength of the certificate as the basis for ownership of land rights before 5 (five) years of issuance of the certificate does not have strong legal force because it can still be sued by other parties who also have proof of ownership; and (2) The reconstruction of legal certainty from land ownership certificates through a legal positivism approach in Indonesia is formulated by closing the weaknesses of the negative land registration system and in the future land registration in Indonesia must choose a positive land registration system, in order to create legal certainty that can protect the interests of holders of rights certificates above ground.