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.
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