Legal Protection for Holders of Land Ownership Certificates in Jayapura Regency

Abstract

Legal protection for land rights holders in Jayapura Regency is very important because until now there are still many cases of land disputes in Jayapura Regency, even though land rights holders already have legal proof of ownership, namely land certificates. The purpose of this study is to determine the legal certainty of landowners after a period of five years and above. The method used in this study is normative and empirical law, where the normative can be seen from the written regulations that apply, while the empirical is by looking directly at the reality that occurs in the field. The results of this study indicate that legal protection for owners of land certificates is regulated in Article 32 paragraph (2) PP No. 24 of 1997 concerning Land Registration. However, PTUN's decision does not consider this provision because it is caused by the negative publication system introduced in the Indonesian land registration system, where the rights of the actual owner are highly protected, which is also reflected in the wording of the article, which does not strictly apply the concept of rechtverwerking, which causing ambiguity in the wording of the article that allows the issuance of certificates after five years and above. Therefore, the government must update the land data with notification of land rights, announcements about the right owner, regulations regarding the location, boundaries and area of land owned by real estate law to avoid disputes in the future. If other people dispute the ownership of someone's property, they can immediately report it to the land office and prove ownership of the property.