Registration of Transfer of Land Rights in the Justice-Based Indonesian Legal System

Abstract

The transfer of land rights is one of the events and/or legal actions which resulted in the transfer of land rights from the owner to the party other. The transition can be intentional due to legal actions such as: buying and selling, leasing and so on, and also not intentional because of this legal events such as the transfer of rights due to inheritance. This study aims to analyze the current construction of regulation on the registration of transfer of land rights, and find the Registration of Transfer of Land Rights in the Indonesian Legal System Based on the Value of Justice. This type of research is qualitative research. This research uses a social legal research approach. The type of data used is primary and secondary data. Data analysis was done through descriptive analysis. The results of the study found that the registration of the transfer of land rights in not guaranteeing legal certainty and based on the value of justice. This is influenced by the land registration system used in Indonesia in the form of a negative publication system with a positive tendency. In a negative registration system (negative system) with a positive tendency, the government does not provide guarantees for legal certainty for holders of legal evidence (certificates). The government is also not responsible for the data and information contained in land rights certificates. Data and information are considered correct as long as no other party is suing. So it is necessary to reconstruct the regulation of the transfer of land rights from a negative system to a positive system.