Conference of Land Property Rights in Land Registration System in Ternate City, Indonesia

Abstract

The government, in developing a land strategy, seeks to provide legal certainty of land rights through agrarian arrangements as outlined in Article 19 paragraph (1) of the UUPA, this policy is stipulated to avoid various types of land conflicts arising from different land use requirements for each person. This is because before the enactment of the UUPA, only lands subject to western law, for example eigendom rights, erfpacht rights, postal rights were registered for land with the aim of providing legal certainty and rights holders were given proof of rights in the form of certificates. Land disputes since 1997 have continued to emerge to the surface demanding a resolution both administratively, juridically and politically so that legal certainty and justice can be obtained. Something that is fundamental to be paid more attention to and implemented by justice seekers, is to assess whether the judge's decision has fulfilled the value of justice and legal certainty in land dispute resolution. Land problems can be characterized as latent problems in the sense that although certain land problems have been addressed and are considered to have been resolved, it is possible that later the same problems will reappear. This is a logical consequence of the negative system and land administration adopted in Indonesia. The discourse on land ownership and these cases is caused by differences between the feeling of the people's law and the legal awareness of the rulers of land. This indicates the need to study factors beyond the substance of legislation in order to achieve legal certainty and justice in the registration of land rights. Therefore, an interesting issue from land registration is “the lack of legal certainty and justice for land rights since the enactment of laws and regulations in the land sector in Ternate City.