The Problem of Legal Certainty in the Practice of Land Rights Transfer in Indonesia: an Analysis of the Land Registration System

Abstract

Land registration is a fundamental instrument in realizing legal certainty for land ownership in Indonesia. However, the implementation of the land registration system still faces various fundamental problems, such as delays in registration, overlapping certificates, weak accuracy of physical and juridical data, and land mafia practices that undermine the integrity of land administration. This condition creates a gap between the legal framework regulated in UUPA No. 5 of 1960 and Government Regulation No. 24 of 1997 and the reality of practice in the field, so that legal certainty in the transfer of land rights has not been effectively guaranteed. This study aims to analyze the effectiveness of the land registration system in Indonesia in ensuring legal certainty on the transfer of rights, as well as identifying the normative and empirical challenges faced. The research method uses a normative-empirical approach with descriptive-analytical analysis techniques through regulatory review, case studies of land disputes, and related academic literature. The results of the study show that the weakness of the negative publication system with a positive tendency, the limitation of digitization of land services, and the lack of optimal coordination across institutions are the main factors that hinder legal certainty. This article offers recommendations for the reconstruction of the land administration system through accelerating the digitization of e-land registration, strengthening data verification mechanisms, harmonizing customary law and positive law, and reforming the publication system towards a positive publication model to improve legal protection for land rights holders. The research findings are expected to contribute to the development of more accountable and sustainable land policies in Indonesia.