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IJSTR >> Volume 5 - Issue 5, May 2016 Edition

International Journal of Scientific & Technology Research  
International Journal of Scientific & Technology Research

Website: http://www.ijstr.org

ISSN 2277-8616

Land Registration In Information Technology Perspective A Basis Of Basic Agrarian Law In Indonesia

[Full Text]



Darwin Ginting



Land Registration, Information Technology, and UUPA (Basic Agrarian Law).



Land registration is basically intended to provide a legal certainty to land objects, subjects, and title statuses and also legal protection of land owners. The concept of land registration is effected by population growth, social- economic condition. It is a series of activities including land measurement, mapping, and recording, land title registration, and issuance of land certificate. To the purpose, a publication principle, i.e, anyone is allowed to find out any land title (rights) and legal action on lands, is adopted. There are two different publication systems, positive and negative ones, with some differences in both legal practices and consequences. In a positive publication system, the truth of what are contained on the land subject and object is ensured. On the other side, in negative publication system an owner of registered land title isnít secured by law. The national land registration system, according to Article 19 of UUPA (Basic Agrarian Law) and PP (Governmental Regulation) No. 24 of 1997, adopts a negative but positive-tended system. The problems in the field are that a registration process is time consuming and relatively costly. Besides, very often double certificates of the same object are discovered. Land registration system that adopts a negative but positive-tended publication synergized with the development of technology, in this case Continuously Operating Reference Station (CORS), may accelerate land registration at high accuracy and low cost and provide legal certainty on land objects, subjects, and titles as well as protection of real land owners.



[1] This paper is presented in The 2nd International Conference for Interdisciplinary Studies (ICIS 2015) October 12 and 13, 2015, Seacloud Hotel Busan, South Korea.

[2] Associate Professor of Agrarian Law-National Land Law and the Head of Law Magister Program at Bandung Law School.

[3] Parlindungan, A.P, Land Registration in Indonesia: politics and Law, Mandar Maju, Bandung, P.25, (2009)

[4] Dale, P.F, Cadastral Survey within the Commonwealth, Her Majesty Stationary Office, London, (1976)

[5] Darwin Ginting, Law of Land Title Ownership for Agribusiness, Gahlia Indonesia, Jakarta, P. 46, (2010).

[6] Darwin Ginting, Cultivation Right in a Perspective of Basic Agrarian Law (UUPA), UNPAD PRESS, Bandung, P. 89, (2011).

[7] Kate Green, Land Law Macmillan Press LTD, London, P.151 (1997).

[8] Hansen J.I.G. and Williamson, I.P, Land Registration, Cadastre and Its Interaction: A World Perspective. First Published in Proceedings of FIG XIX Congress, Helsinki, Finland, 10-19 June (1990)

[9] Indriayati, A Research of Opportunities of Optimizing CORS Application in Supporting Land Affairs Services, Research and Development Center of Republic of Indonesia National Land Affairs Agency, P. 29, (2013)