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International Journal of
Law, Policy and Social Review
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VOL. 6, ISSUE 3 (2024)
Juridical analysis of the implementation of the negative stelsel principle with a positive tendency in legal arrangements for land registration in Indonesia
Authors
Andri Faisal, Din, Dahlan
Abstract

The land registration system used in Indonesia is a Negative system that contains Positive elements which refers to Article 32 paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration. The aim of holding land registration is still to provide legal certainty and protection for land rights. However, If we look at it from a legal juridical aspect, errors in physical data and juridical data in land registration will eliminate the element of legal certainty of land rights. Thus, the government's negligence in carrying out land registration can cause the certificates issued to be null and void. However, the government's responsibility for negligence is the cancellation of the certificate.

This research aims to examine the application and weaknesses of the negative stelsel principle with a positive tendency in the land registration system in Indonesia. This research also aims to examine the concept of punishment in the land registration system which can provide legal certainty. The research method used in this thesis is normative juridical research. Normative juridical research is library legal research carried out by examining library materials or mere secondary data. The data used is in the form of theories, concepts, legal principles, and legal regulations related to the subject matter.

Based on research results, the application of the negative stelsel principle has a positive tendency in the land registration system. The land registration system in Indonesia does not reflect the principle of legal certainty. The application of the negative stelsel principle with a positive tendency still has weaknesses because the state cannot guarantee the data contained in land certificates. If viewed from a criminal aspect, the only elements of unlawful acts that are punished are falsification of documents and land grabbing.

From the research results, it is recommended that the government be responsible for errors in land registration. The government is also expected to apply the concept of special penalties for land registration to provide legal certainty to land rights holders.
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Pages:24-95
How to cite this article:
Andri Faisal, Din, Dahlan "Juridical analysis of the implementation of the negative stelsel principle with a positive tendency in legal arrangements for land registration in Indonesia". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 24-95
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