Policy Evaluation of the Land Registration System in Malang City

Abstract

Purpose: This research aims to discover, explain, and analyze the phenomenon under investigation in-depth, which is related to the land publication system in Malang City. This research employs a qualitative approach and is conducted at the Malang City Land Office, involving various parties directly engaged in the land registration process. Theoretical Framework: Land registration plays an essential role in the social structure, with various countries adopting different registration systems, such as positive and negative publication systems. The positive system establishes land registry data as incontrovertible evidence, providing legal protection even if the data may not be accurate, while the negative system, practiced in Indonesia, does not guarantee absolute legal protection by the government to landowners (Chekole et al., 2020; El-Hallaq & Eid, 2020; Rubasinghe, 2010; Van der Molen & Tuladhar, 2006). Method: Primary data is obtained through interviews with various informants, including Land Office employees, legal practitioners, community leaders, and the general public. Secondary data is derived from documents, ministerial regulations, government regulations, as well as archives of the Malang City Land Office, accessible both offline and online. Data collection involves the researcher, interview guidelines, and other supporting tools. Result: The research findings indicate that the policy evaluation of the land publication system aims to achieve legal certainty, which has not been fully realized. Conclusion: The main issues include disputes over land ownership between land buyers and original landowners. Furthermore, the implementation of programs and activities within the land publication system has not reached its full potential. The current land publication system requires evaluation, focusing on effectiveness, efficiency, sufficiency, equity, responsiveness, and accuracy. There is insufficient legal protection for land certificate holders, leading to recurring agrarian conflicts every year. Additionally, in this positive-leaning negative publication system, certificates possess only relative strength, rather than absolute authority.