THE ROLE OF LAND REGISTRATION IN CREATING A LAW CERTAINTY

Introduction

To accelerate the law awareness of society in agrarian field, the scenario of law development in the second phase of long-term development is more focused on regulation, mainly on the supplement regulations that is stated in the agrarian field. Because its audience is the society as the user of law itself, so that the available of a complete regulation set in agrarian field is not guaranteeing a law certainty yet, if the regulation is not guaranteed consistently in line with its soul and content.

In the country based on law like Indonesia is attempted to do the improvement of law development through regulation development without following with the human development as important factor (whether as doers or users), in fact led to inconsistence and deviance. Its proves the human factor holds a very important role. Because of that, today Indonesia must change the scenario of law development from the regulation to operational regulation consistently so that the conflict possibilities that are created in agrarian field can be overcome to create the law certainty.

Conception Review

Constitution No.5, 1960 about Basic Regulations of agrarian especially in item 19 (1) states that: “To guarantee a law certainty by government it is held the land registration in all territory of Indonesia Republic in line with the regulation which regulates with government regulation”

From the redaction of item 19 (1) above, can be described further about the scope of law certainty that include:

1. Subject of Right of Land
a. Right of land owning
b. Place of living
c. The history of land gaining

2. Object
   a. Kinds of Right (Juridicial Data)
   - Right for belonging/owning
   - Right for managing
   - Given land
   - Right for flat belonging
   - Right of responsibility
   - Government land
   b. Physical Data
   - The area of land
   - The width of land
   - The border of land
   - Thing on the land
   1). Building
   2). Plants

From the description above, it is of land registration clear that the guarantee of law certainty and also as the law reservation toward the land the objects owners only can be gained through the land registration that we done.

Operational Approach

Based on the conception review above, each policy conduction and realization of land registration program will be more directed. In realizing those program we should aware toward at least two kinds of objective guarantees, they are basic and purpose guarantee of land registration of Indonesian specification.

Concerned with the basic, land registration is conducted based on the simple, safe, reachable, latest, and open base (vide item 2 Government Regulation No. 24, 1997).

Concerned with the purposed, land registration aimed to:

1. Give a law certainty and law reservation to the law owners’ rights, flats owners’ rights and other registered rights in order to be easy to prove themselves as the owners of the things mentioned.

2. Prepare information to the institution involved include government in order to be easy to gain the data needed in holding the law action above the land fields and units of flats that have been registered.

3. To create a good adminstration

Means that if those two objective guarantees that have been described above are always be concerned in the land registration activities, it can be ensured the possibilities of society awareness development toward the important of land registration for guarantee a certainty and reservation of law the owners.

Conclusion

This paper is prepared to discuss the national policy in land registration entailed with the certainty and reservation of law. For its need, the main focused of discussion is selected in things in line with the theme. Of course, there are still many things can be discussed as important materials.

The basic of discussion above is the duty of land registration that is stated in Constitution No.5, 1960 and formulated in item 19 (1); further is described in Government Regulation No.24, 1997.

Its main idea is the land registration policy can not be separated from its unity with the conductors and target audiences holistically, means also the unity between land registration and guarantee of law certainty is given.