The land publication system essentially represents the state\u2019s method\nof announcing to the public who holds rights over a particular plot of\nland, while also determining the extent to which the state guarantees\nthe accuracy of that data. Land publication is not merely about how land\nis registered and then announced, but more importantly, how reliable and\nprotected the data in the registration is.<\/p>\n
In practice across various countries, positive and negative\npublication systems are recognised. The positive system provides full\nguarantees, so the data in the register is considered absolutely\ncorrect, as applied in countries like Germany and Australia. In\ncontrast, the negative system does not provide absolute guarantees, so\nregistered data can still be challenged if there is stronger contrary\nevidence, as known in the Netherlands. Thus, the land publication system\nadopted in a country actually reflects issues of legal certainty and\njustice. The positive publication system overly emphasises certainty\nbecause the data in the certificate is almost indisputable. This\ncertainly provides security in transactions, but risks harming the party\nthat is actually more entitled if there is an initial error. Conversely,\nthe negative publication system allows significant room for challenges,\nconsidered theoretically fairer, but creates uncertainty because land\nownership can continually be questioned.<\/p>\n
In Indonesia, the adopted land publication system is a negative one\ntending towards positive, as regulated in Government Regulation No.\u00a024\nof 1997 on Land Registration. This can be understood more concretely\nthrough several provisions in it.<\/p>\n
First, the \u201cnegative\u201d characteristic is clearly seen in Article 32\nparagraph (1), which states that the certificate is strong evidence\nregarding physical data and juridical data, as long as it matches the\ndata in the survey letter and land book. The phrasing \u201cstrong evidence\u201d\nindicates that the certificate is not absolute, so contrary proof is\nstill possible in court. In other words, the state does not provide\nabsolute guarantees over the accuracy of that data.<\/p>\n
Second, the possibility to challenge or cancel the certificate is\nalso implicitly open in this system, because if there is another party\nthat can prove its rights, then the certificate can be annulled through\na court decision. This confirms that land registration in Indonesia does\nnot close off room for legal correction. Ultimately, this weakens legal\ncertainty in the land sector. Meanwhile, land registration affairs are\nmeant to provide legal certainty to rights holders.<\/p>\n
Nevertheless, the characteristic of a positive system appears in\nArticle 32 paragraph (2), which provides protection to the certificate\nholder who obtains the land in good faith and actually controls the\nland. This provision emphasises that if within five years since the\nissuance of the certificate no party submits a written objection to the\ncertificate holder and the land office, or does not file a lawsuit in\ncourt, then other parties who feel they have rights can no longer demand\nthe execution of those rights. This provision strengthens the position\nof the certificate so that in practice it approaches an absolute\nnature.<\/p>\n
Through these two paragraphs in Article 32, it is clearly seen how\nIndonesian land law attempts to balance two interests. On one side, the\npossibility to challenge remains open for the sake of justice if there\nare errors or legal defects. On the other side, strong protection is\ngiven to good faith certificate holders to create legal certainty and\nstability in land relations. Thus, based on the provisions in Government\nRegulation No.\u00a024 of 1997, particularly Article 32 paragraphs (1) and\n(2), it can be concluded that the land publication system in Indonesia\nis indeed not a pure positive system, but a negative one tending towards\npositive, because it contains elements of openness to be refuted as well\nas strengthening protection for legitimate rights holders.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/land-publication-system-in-indonesia-1777546516", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }