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Anna Martina Anggitasari; Made Warka; Sjaifurrachman Sjaifurrachman

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to identify and analyze the ratio legis of the principle that the Complete Systematic Land Registration (PTSL) program needs to be regulated and adhered to. Furthermore, this research also seeks to examine the legal consequences of the Complete Systematic Land Registration (PTSL) program. The awareness of the special position of land in the Indonesian national consciousness is also revealed in the Basic Agrarian Law (UUPA), which states the eternal relationship between the Indonesian people and the land. However, the term “controlled” in Article 33 of the 1945 Constitution does not imply that the state is the owner. The general explanation of the 1960 UUPA clarifies that the state (government) only controls the land. The meaning of land being “controlled” does not equate to “owned” but rather refers to certain authorities granted to the state as a power organization. Ownership of land rights must be proven by authentic or valid evidence in the form of a land rights certificate, where such certified ownership is an absolute requirement. Therefore, the Indonesian Government, through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 concerning Complete Systematic Land Registration, aims to facilitate the implementation of systematic and complete land registration as a government program. From this explanation, it can be concluded that the ratio legis of the Complete Systematic Land Registration (PTSL) program principle requires regulation and adherence to provide guarantees of legal certainty, transparency of information related to land parcels that can be utilized by legitimate parties, and ensure orderly administration in the field of land affairs, thereby delivering benefits and justice.

Andry Rudiman; Made Warka; Sjaifurrachman Sjaifurrachman

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Measurement is a crucial initial step in the land registration process, as stipulated in Article 19 paragraph (2) letter a of the Basic Agrarian Law (UUPA). Article 17 of Government Regulation No. 24 of 1997 on Land Registration emphasizes that measurements must be supported by physical data and boundary arrangements based on the agreement of adjacent landowners. One key principle in this process is the contradictoire delimitatie principle, which requires the presence of interested parties during the determination of land boundaries. This thesis aims to analyze the function of contradictoire delimitatie in the measurement results of the Complete Systematic Land Registration Program (PTSL), as well as to examine the legal consequences if this principle is not implemented. The study is expected to contribute to the development of legal knowledge in the field of land affairs and serve as a reference for academics, legal practitioners, judicial institutions, law enforcement officials, and land authorities. In practice, if the subject of a land parcel is unknown, information is obtained from neighboring landowners, community leaders, or relevant officials, and recorded in the Measurement Sketch (Gambar Ukur or GU). If boundary agreements have not been reached, dotted lines are used to indicate temporary boundaries. When the Work Map is attached to the GU, the landowner or their representative may sign it as a form of boundary agreement. The absence of the contradictoire delimitatie principle hinders the measurement process, map creation, land registration, and issuance of land rights certificates. Furthermore, unclear or poorly maintained boundaries often lead to overlapping claims and disputes in the field.

Adi Rahmanto; Aprila Niravita; Muhammad Adymas Hikal Fikri; Harry Nugroho

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The sustainability of the agribusiness sector is very dependent on the certainty of land rights, which is the main asset for business actors in this sector. Land registration is an important instrument in providing legal certainty for land ownership, which can ultimately encourage stable and sustainable agribusiness development. This article discusses the role of land registration in protecting ownership rights for agribusiness actors in Indonesia and analyzes the role of government policies, such as the Complete Systematic Land Registration Program (PTSL), in speeding up the land certification process. With legal certainty obtained through land certificates, agribusiness actors can avoid agrarian conflicts, gain access to financing, and run businesses more safely and in a planned manner. Apart from that, land registration policies also have the potential to support regional economic development, reduce agrarian conflicts, and encourage sustainable management of land resources. However, implementing this policy still faces challenges, including bureaucratic obstacles and low public understanding. Therefore, the government's role in improving policies and overcoming existing obstacles is very necessary to create an inclusive, competitive and sustainable agribusiness sector in Indonesia.  

Putri Amaliah Baderung; Fence M. Wantu; Nur Mohamad Kasim

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Since 2017, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has been tasked by President Joko Widodo to complete land registration across Indonesia by 2025 through the Complete Systematic Land Registration Program (PTSL). Based on Ministerial Regulation ATR/BPN Number 12 of 2017, updated with Number 6 of 2018, this program aims to provide legal certainty and protection of land rights for the community. However, many people, especially in North Gorontalo Regency, still do not understand how to obtain land certificates due to a lack of information and education about PTSL. This research aims to explore government policies that provide land ownership certificates as legal protection for the community. Better coordination is needed between local governments and the Ministry of ATR/BPN to raise public awareness of the importance of land certificates, which not only guarantee ownership but can also be utilized as business capital. The PTSL program is expected to improve community welfare and reduce land disputes. Research findings indicate that public understanding in North Gorontalo Regency remains low, with obstacles such as a lack of information, complicated procedures, and limited access. Government policies need to include regulatory simplification and increased transparency as well as public services.

Nirwan Junus; Karlin Z. Mamu; Dian Ekawaty Ismail; Fence M Wantu; Mohamad Rusdiyanto U Puluhulawa +5 more

Jurnal Pengabdian Kepada Masyarakat 2022 Pusat Riset dan Inovasi Nasional

The problem of land ownership in Buntulia Village is influenced by the lack of knowledge and awareness of the community about land ownership rights because of the total population of 549 families, 463 people have not registered their own land. This of course raises a fairly basic problem by the village government to be resolved. Therefore, in this downstreaming, the service team provides understanding and legal knowledge to the community about the importance of registering property rights and providing assistance to the community together with the Land Agency through the Border Marks Post Community Movement (GEMA PATAS) in order to increase community participation in installing boundary markings, making it easier for BPN officers to take measurements, as well as being able to accelerate the government program on Complete Systematic Land Registration. Thus the community could see the importance of legalizing property rights to the land in order  to avoid disputes and thereby give legal certainty to the parties.