E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 3, 2023

Realizing the Existence of Positive Publication System Land Registration in Indonesia



Author(s): Koes Widarbo

Abstract:

Indonesia adheres to a land registration system with a rights registration system with a negative publication system with positive elements as referred to in the Elucidation of PP No. 24 of 1997 concerning Land Registration, this is a follow-up based on Article 19 paragraph 2 letter c of Law no. 5 of 1960, namely the issuance of letters of evidence of rights that are valid as a strong means of proof, that is, if there is evidence of rights or certificates of land rights, then there is still a threat of cancellation if it turns out that there is new evidence based on a court decision that has permanent legal force. In this regard, the issue that has continued to this day is the urgency for Indonesia to change the registration of negative publication system rights with positive elements that are currently in effect. become a (pure) positive publication system so that proof of rights or certificates are not threatened with cancellation, especially in connection with the problems of land cases recently including land mafia games. the author conducted research using normative legal methods with a qualitative analysis perspective through a philosophical approach, namely ontological, epistemological and axiological (legal philosophy). So that the research objective can be achieved, namely the urgency or not for Indonesia to change from a land registration system with a rights registration system with a negative publication system with positive elements to a land registration system with a positive (pure) publication system, a certificate as a means of proof which absolutely cannot be canceled. especially related to the problem of land cases lately including land mafia games. the author conducted research using normative legal methods with a qualitative analysis perspective through a philosophical approach, namely ontological, epistemological and axiological (legal philosophy). So that the research objective can be achieved, namely the urgency or not for Indonesia to change from a land registration system with a rights registration system with a negative publication system with positive elements to a land registration system with a positive (pure) publication system, a certificate as a means of proof which absolutely cannot be canceled. especially related to the problem of land cases lately including land mafia games. the author conducted research using normative legal methods with a qualitative analysis perspective through a philosophical approach, namely ontological, epistemological and axiological (legal philosophy). So that the research objective can be achieved, namely the urgency or not for Indonesia to change from a land registration system with a rights registration system with a negative publication system with positive elements to a land registration system with a positive (pure) publication system, a certificate as a means of proof which absolutely cannot be canceled. epistemology and axiology (philosophy of law). So that the research objective can be achieved, namely the urgency or not for Indonesia to change from a land registration system with a rights registration system with a negative publication system with positive elements to a land registration system with a positive (pure) publication system, a certificate as a means of proof which absolutely cannot be canceled. epistemology and axiology (philosophy of law). So that the research objective can be achieved, namely the urgency or not for Indonesia to change from a land registration system with a rights registration system with a negative publication system with positive elements to a land registration system with a positive (pure) publication system, a certificate as a means of proof which absolutely cannot be canceled.


Keywords: Opportunity, Land Registry, Positive Publication System, Indonesia

Pages: 333-343

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