The Future of Land Ownership Regulation in Indonesia

Abstract

Indonesia is a state of law. All aspects of social, national and state life including government must be based on laws that are in accordance with the national system. Indonesian land law is an independent law. Based on the 2010 Badan Pusat Statistik census, Indonesia has recorded 1340 ethnic groups. With this number of diversity, Undang-Undang Nomor 5 Tahun 1960 (UUPA) explains that customary law is the original legal source of land law in Indonesia. However, UUPA provides further understanding that customary law is adjusted to the awareness and legal situation of the wider community. Then it was perfected with the interests of the people in a modern country and in its relations with the international world, and adjusted to Indonesian socialism. The challenges in regulating ownership of land rights consist of two challenges, namely challenges at the internal level from the government and external challenges from the government. The internal challenges from the government are the transition from a negative publicity system of land registration to positive publicity, the division of authority between the centre and the regions, the recognition of indigenous communities. While the external challenges from the government are the completion of the land mafia, community participation in ensuring legal certainty with land registration in the form of certificates. The future arrangements for ownership of land rights based on their term are classified into two, namely the short-term future and the long-term future. The short-term future that can be done is to immediately implement existing legislation such as the mandate of Undang-Undang Nomor 23 Tahun 2014, Instruksi Presiden RI Nomor 2 Tahun 2018, Keputusan Presiden RI Nomor 20 Tahun 2018, Peraturan Presiden RI Nomor 86 Tahun 2018. The future of land ownership arrangements in Indonesia needs to prepare big things such as the implementation of the omnibus law related to land affairs in encouraging investment progress and ease, steps to implement a positive publicity system in ensuring legal certainty, digitizing land services and improving governance that is based on good governance principles.