Legal Implication On Land Right Certificate Issuance In Indonesia

Abstract

Aabstract: The effort to reach legal certainty in land registration law often met many issues, one of them is, even though the right on the land has been issued to the owner, but materially, other people often rule the land. Because of that, in this paper, legal implication on land right certificate issuance in Indonesia is discussed. The method used is normative law research. The result showed that the issuance on land right certificate tend to be implicated with legal certainty of the land, and also the disputes regarding the land in courtroom. Legal certainty of land registration has been regulated in Indonesian Act number 5 of 1960 regarding Agrarian Law, but the legal certainty have not been realized because of the disputes occurred in courtroom. Right certificate on land, is the product of State Administration Officials, resulting the enforcement of Administration law on it. Besides that, according to the legal concept and land provision, the character of the land can be differed into constitutive and declarative in character, the constitutive one is under the authority of administration court of the state, and the declarative one is under the authority of common court. By that, the failure of land certificate issuance can be punished with the state administration law, private law, and also criminal law, if it has the factors of crime in it.