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International Journal of Humanities, Religion and Social Science ISSN : 2548-5725 | Volume 2, Issue 3 2018 www.doarj.org

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APPLICATION OF PRINCIPLE OF SPECIALTY AND

PUBLICITY IN LAND RIGHTS REGISTRATION (STUDY AT

THE LAND OFFICE OF WEST LOMBOK REGENCY)

Lalu Hartadi,1 Dr. H. M. Arba, SH.,M.Hum,

2 Dr. Sahnan, SH, M.Hum

2

1Postgraduate program Legal Study and Notaries, Mataram University, Indonesia 2Lecture of Law Faculty Mataram University, Indonesia

Email correspondence: [email protected]

Abstract: There are still many cases in the field of land indicating that the lack of

implementation of the principle of specialism and publicity in the registration of land rights.

This study aims to analyze the application of the principle of specialism and publicity in the

registration of land rights in the Land Office of West Lombok regency. The theory used is the

theory of legal certainty. The type of this research is empirical law research. The approach

method used is Legislative approach, Concept Approach, and Sociological Approach

(sociolegal). Types and data sources used are Primary Data and Secondary Data. Data

collection techniques in this study were conducted through documentation and interview study,

analyzed using Descriptive Qualitative Analysis. Based on the research result that the

application of the principle of specialization and publicity in the registration of land rights in

the Land Office of West Lombok Regency has not been fully implemented in accordance with

Government Regulation No 24/1997 and Regulation of the Minister of Agrarian Affairs / Head

of National Land Agency No. 3/1997, this can be seen from disputes and land affairs both

settled through mediation at the West Lombok Land Office and the lawsuit filed by the people of

West Lombok to the District Court as well as to the State Administrative Court.

Keywords: the Specialty of specialism and publicity, land

I. INTRODUCTION

The provisions concerning the obligations of the Government to carry out land

registration throughout the territory of the Indonesian republic shall be governed by Article 19 of

Act no. 5 of 1960 on the Basic Regulation of Agrarian Principles (hereinafter referred to as

LoGA) namely:

1. To ensure legal certainty by the Government there is a registration of land throughout the

territory of the Republic of Indonesia in accordance with the provisions stipulated by

government regulations.

2. The registration referred to in paragraph 1 of this Article includes:

a. Measurement, mapping, and land-keeping.

Application of Principle of Specialty and Publicity in Land Rights Registration

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b. Registration of land rights and transfers of such rights

c. The provision of letters of proof of rights, valid as a powerful evidentiary instrument.

3. Land registration shall be conducted in view of the state and community, the need for socio-

economic traffic and the possibility of its operation, in consideration of the Minister of

Agrarian Affairs.

4. The Government Regulation shall be subject to the costs associated with the registration

referred to in paragraph 1 above, provided that the people unable to be exempted from

payment of such fees.

Based on the above provision, it can be seen that land registration is implemented with

the aim of providing legal certainty on land rights in all areas of Indonesia.

The land certificate granted will give meaning and importance to the right holder who

can serve as a proof of land rights. The owner of the land with strong evidence and with a clear

status will be guaranteed legal certainty and legal protection, so it will be easier to prove that the

land is his property.1 Guarantees of legal certainty that will be realized in the registration of this

land, including the certainty of the status of the rights listed, the certainty of the rights subject,

and the certainty of the right object. The registration of this land produces the certificate as a

proof of its right.

In the implementation of land registration there are principles or principles that must be

considered which is the basis of an activity, this applies also on land registration. Therefore, in

the registration of this land there is a principle that should be the basic benchmark.2 As regulated

in Article 2 of Government Regulation No. 24/1997 on Land Registration (hereinafter referred to

as PP 24/1997), namely: Land registration shall be carried out on the basis of simple, safe,

affordable, up to date and open principles. In addition there is also the principle of specialism

and the principle of publicity, which in which the principle of specialty (Principle of specialty),

namely:3

The implementation of land registration is organized on the basis of certain Legislation

Regulations, technically concerning the issue of measurement, mapping and registration

of its transfers. Therefore, in the implementation of land registration can provide legal

certainty to the right to land, which provides clear physical data about the land area,

location and boundaries of the land.

This principle is reflected in several Articles contained in PP 24 of 1997. Articles related

to the collection and processing of physical data. While the Principle of Publicity (Principle of

publicity), namely:4

This principle provides juridical data on who is the subject of the law, what is the name

of the right to land, such as where the transition takes place and the burden. This data is

open to the public. It means everyone can see it. Based on this principle, everyone is

entitled to know the juridical data concerning the subject of rights, title of land rights in

1 Andria Sutedi. Peralihan Hak Atas Tanah dan Pendaftaranya. Sinar Grafika. 2007. p. 5 2 Supriadi, Hukum Agraria, Sinar Garfika, Jakarta, 2008. p. 164. 3 Soedikno Mertokusumo, Hukum dan Politik Agraria, Karunika-Universitas Terbuka, Jakarta, 1988, p. 99. 4 Ibid.


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the Regency Land Office, including appeals before certificates are issued, replacement

certificates, lost certificates or damaged certificates.

In order for everyone to know or be deemed to know who owns a right of parcel, what is

his/her title, and is registered, an announcement is made. Announced for 30 days for the

systematic and 60 day sporadic land registration as contained in Article 26 paragraph (1) of PP

24 of 1997.

There are still many cases in the field of land such as double certificate cases, land

boundary disputes due to unclear borders of land parcels caused by the owners of land parcels do

not maintain the boundaries of plots of land properly, the grasping of land rights of others and

many others, and the ineffectiveness of the announcement of the right to land to be registered,

many people who do not know the information so that the dispute in the future indicates that the

lack of implementation of the principle of specialism and publicity in the registration of land

rights.

The author gives an example of the case of the PTUN Decision Number 18 / G / 2013 /

PTUN.MTR dispute between Haerudin against the Head of the Land Office of West Lombok

regency on the cancellation of the object of dispute over the Certificate of Property Number:

1067, Rumak Village, Kediri District, West Lombok District, , issued on December 13, 2001

with Measure Letter Number: 174 / RMK / 2001, Area: 10,000 m² dated November 15, 2001 on

behalf of Bayu Kuntoadji. As well as the PTUN Decision Number 28 / G / 2011 / PTUN.MTR

dispute between Hj. Nanik Sudarwani et al. against the Head of the Land Office of West

Lombok regency. Declare the decree of the State Administrative Decree of the object of dispute,

namely Certificate of Property Number: 1497 Dasan Tereng Village, Narmada District, West

Lombok Regency West Nusa Tenggara Province, July 7, 1999, Measure Letter Number:

73/DST/1999 dated 06 March 1999, Area 1144 M2 , on behalf of Subagio.

Implementation of the principle of publicity is very important, because to give an

opportunity to other parties to give a refutation to a plot of land registered before the issuance of

the certificate, to obtain information and in order to avoid a dispute occurred.5 In order for such

data/information to fulfill its purpose, it should be possible to define the plot made to define the

plot of land and the image of the owner and the restriction of the owner's right to an interest.

That is, data and or information in land registration must meet the principle of specialism. In

order to determine the plots of land, land boundaries, land boundaries, land area, and buildings.

Similarly, to obtain the certainty of land status, who is the holder of his rights and the presence

or absence of the rights of others?

It should be the attention of the government especially the Land Office of West Lombok

regency, in this case related to the still not the principle of specialism and publicity well in the

process of land registration.

Based on the above background the author intends to examine the application of the

principle of specialism and publicity in the registration of land rights in the Land Office of West

Lombok regency. This study aims to analyze the application of the principle of specialism and

publicity in the registration of land rights in the Land Office of West Lombok regency.

5 Ankala Hagib, Application of Publicity Principles in the Implementation of Land Registry in Land Office of

Kepahiang Regency, Thesis, University of Bengkulu Faculty of Law, Bengkulu, 2014. p. 5.


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II. RESEARCH METHODS

This type of research is empirical law research, which is to see how the law in reality in

the field (legal validity in society). The approach method used is: Approach (Statute Approach),

Conceptual Approach and Sociological Approach (sociolegal). Types and data sources used are

Primary Data, ie data obtained directly from Respondents and Informants, and Secondary Data,

ie data that is not obtained directly from the field, but from various literatures, legislation,

documents, archives as well as other library materials. Data collection techniques in this study

were conducted through two ways: library material collection through documentation study, and

field data collection was done by interview. All data collected and obtained from both primary

and secondary data were analyzed using Qualitative Descriptive Analysis.

III. RESULT AND DISCUSSION

2.1 Application of Special Principle in Registration of Land Rights at BPN Office of West

Lombok Regency

2.1.1 Collection and Processing of Physical Data

Measurement and mapping activities For the purposes of collecting and processing of

physical data as referred to in Article 14 paragraph (2) of Government Regulation Number 24 of

1997 includes: making of registration base map; determination of boundaries of parcels of land;

measurement and mapping of land parcels and making map registration; making land lists; and

making a letter of measurement.

The following will be explained more about the measurement and mapping activities for

the purposes of collecting and processing physical data:

a) Measurement and Mapping Technique Points

Measurement of the plots of land aims to obtain certainty about the boundaries of parcels

with one plot of other land, and the location of the land plot both relative location and

location of the administration.6

b) Creating Registration Basic Map

The basic map of registration is a map that contains technical base points and geographical

elements, such as rivers, roads, buildings and physical boundaries of parcels of land. To

complete the basic map of engineering with geographic elements a detailed situation

measurement is taken. Given the detailed situation on the registration base map, it will help

identify the field in determining the ownership of the parcels.

c) Determination of the plot boundary

Based on Article 18 of Government Regulation No. 24 of 1997 it is determined that in order

to obtain the physical data necessary for the registration of the land, the plots of land to be

mapped are measured, after their stipulation, their boundaries and according to their

requirements are placed border marks in every corner of the plot of land concerned. Things

to consider in setting limits are:

1) Determination of the boundaries of land parcel is distinguished on the land rights and

state land.

6 I Gusti Nyoman Guntur, 2014. Land Registry. Module mkk-3/3 credits / i-ix module. : National High School of

Land. Yogyakarta. p. 131.


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2) Boundary determination shall be made after written notice to the measurement

applicant, and to the rights holder in the adjacent field not later than 10 (ten) days prior

to the determination of the limit.

3) Determination of the limit which is basically done in contradicttoire delimitatie. The

determination of the limit shall be made by the Chairman of the Adjudication

Committee (Judicial Task Force or the Physical Task Force if it comes from a BPN

employee) in a systematic land registration or Head of the Regency / City Land Office

(or measuring officer) in the sporadic land registration, based on border appointment by

the landowner (or legitimate) and to the extent possible approved by the adjacent

landowner.

4) The basic principle of appointment of boundaries of plots of land and the installation of

the boundary marks shall be carried out by the right holder (its proxy), and by

agreement with the right holder (the proxy) of the adjacent plot of land. In the event that

the boundary holder is not present at the designated time or is not willing to indicate a

limit, the provision of the limit is made temporarily based on the appointment of the

right holder with a note stating: "The boundary is temporary, because the rights holder

and / or rights holders are not adjacent be in place or not willing to show the limit ".

5) Physically the result of the boundary determination can be seen with the installation of

the monument mark on each corner of the boundary of the plot of land, while formally

determining the limits contradictory delimitation result can be seen with the signatures

of the parties (landowners and landowners bordering on the list field 201). If the limit

setting is at the same time a borderline arrangement, the results are set forth in DI 201A

whereas in case of a boundary dispute or the boundary holder is absent so temporary

limit is applied, it is recorded in the DI 201 sketch space of the plot and in the Measure

Drawing. In practice on the ground "to apply the precautionary principle, if people who

own land adjacent to or adjacent to the land to be measured are not present, then they

may give consent by signing a match in the 201 list, but at the time of signing must be

photos as evidence to the Land Office ".7

6) Especially for state land or land processed through the recognition of rights, the

determination of the boundary of the plot should pay attention to road and river borders

(Detailed Spatial Plan).

7) Land boundary marks shall be made of iron pipes, parallons, wood, concrete, etc. (of

which the form, material, size and construction are made in accordance with the

provisions of Article 22 of Regulation of the Minister of State Agrarian /Head of BPN

Number 3 of 1997) on every corner of the boundary. For clear boundary corners, the

fixed objects such as concrete fences, wall fences, or stakes should not be marked.

According to Article 19 paragraph (1) of PMNA / KBPN Number 3 of 1997, for the

purpose of stipulating the boundary of the parcels of land as referred to in Article 18 of

Government Regulation Number 24 of 1997: a) the applicant concerned; b) the holder

of the land rights that has not been registered or registered but there is no

measurement/picture of the situation or the measurement/picture of the situation is no

longer in accordance with the actual situation, and the party who controls the land

parcels in the registration of land systematically required to indicate the boundaries of

7 Interview with Drs. Sapriadi, Head of Legal Affairs Section of Land Affairs Office of West Lombok Regency,

February 19, 2018, West Lombok.


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the parcels of land and, if there is already agreement on such limits with the rights

holders of the adjacent plots, put up their border markers.

d) Measurement of land parcels as well as creation of registration maps

1) Preparation of ground plane sketch

Prior to or in conjunction with the bordering of land parcels, field sketching activities

are performed. The sketch is a rough drawing of the ground plane required for the

identification of the subject and the object of the plot pertaining to the subject and the

object around it.

2) Land Number Numbering (Field Identification Number)

NIB is assigned based on the lowest administrative area (village) to the plot of land

whose boundaries have been defined and listed in the 201 list. Identification Number

This land plot is: 13 digit digits consisting of the first 8 digits are code:

districts/municipalities, sub-districts and villages, each consisting of two digit numbers

separated by a dot (.) while the last 5 digits are the serial number of the parcels in a

village. For example, 11.04.16.09.00444 means 11 provincial codes, 04 district codes,

16 sub-district codes, 09 village code and 00444 is the serial number of village land of

the land.

3) Land Size Measurement

Measurements of land parcels can be made through terrestrial or photogrammetric

measurements, must comply with the technical norms of measurement and mapping, so

that the measured plot can be mapped and can be located and bordered on the map and

can be reconstructed to the boundaries in the field. Measurements of parcels shall be

tied to national TDT and/or other details to be easily identified on the ground and on

maps.

The measurement results of the plots of land are poured in the measuring image.

Documents can serve as one of the Court's evidentiary tools and the boundary line

reconstruction tool (can be used for limiting returns if required).

4) Land Size Mapping For Registration Map Making

For the purposes of the announcement as referred to in Article 26 paragraph (1) of

Government Regulation Number 24 of 1997, a map of the land plots is made. The land

parcel map is a map containing the fields of land that have been on display for the

purpose of announcing or applying for land rights.

e) Making land lists and letters

Plots of land that have been measured and mapped and affixed with the registration number

of NIB on the registration basis shall be recorded in the land register. List of land (DI 203) is

a document in the form of a list containing the identity of the parcel with a numbering

system. List of soil is intended as a complete source of information on the number of fields,

locations and the appointment of the measurements of land parcels in the area of registration

either as a result of registration for the first time and the subsequent maintenance. For the

purpose of registration of rights, measured land plots and mapped on the registration map, a

Measurement Letter (DI 207) was prepared. Measure Letter is a document containing

physical data of a plot in the form of map and description. Measures are generated by

directly mapping the results of size / count data without having to be quoted from the

registration map. To that end, the measuring letters should be able to describe the location of

the parcel in textual form and the drawing/diagram of the parcels as well as adjacent plots of

land and surrounding circumstances.


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2.1.2 Collection and Processing of Juridical Data

Juridical data collection is an activity of collecting, examining and presenting information

on the legal status of the land parcels and rights holders to be used as the basis for registration.

This data collection activity is in essence an activity to ascertain about the subject of rights, kinds

of rights, manner of acquisition (rights base), and use of rights (physical or civil) and the object

of rights (location and boundary).8

Article 1 point 7 of PP 24 of 1997, states that juridical data is a description of the legal

status of the listed land and apartment units, its rights holder and the rights of other parties and

other burdensome burdens.

The process of this soil history research needs to get serious attention because the quality

of legal certainty assurance is very dependent on the quality of historical research or the origin of

the land.9 The number of land disputes prompted a review of the land history research.

Activities in the field of juridical aims to obtain the legal status of the object of

registration, the rights holder and the presence or absence of the rights of other parties that

burden it, conducted through the collection of data sourced from the means of proof of

documents and others. Rights verification activities include verification of new rights and proof

of old rights.

a. Proof of New Rights

The new rights referred to herein are the rights that have been granted or created since

the entry into force of PP 24/1997. The verification of new rights to land should be carefully

scrutinized because of frequent counterfeiting of evidence instruments, followed by

manipulative statements and recognition will enable the birth of inaccurate certificate

issuance which is likely to be in the future of the other party.

Based on Article 23 of Government Regulation No. 24/1997, it is stated that for the

purposes of registration of rights: a) the right to land is only proven by the determination of

the rights granting of the competent authority to grant the rights in accordance with the

provisions applicable if the granting of such rights from State land or management land; b)

Waqf land is evidenced by the deed of pledge of waqf; c) The ownership rights of the flats

are evidenced by the deed of separation; and d) The granting of mortgages is evidenced by

the deed of granting rights of dependents.

b. Proof of the Old Right

The old right is land rights arising from the conversion of existing rights at the time of

entry into force of UUPA and rights not yet listed pursuant to Regulation 10/1961.10

Old

Land Rights, both based on Customary Law and Civil Law of the West are very large

number and problems. The problem is that many things are not clearly entitled to a written

proof, especially on customary lands. But there are also customary land rights that have

evidence of written rights. Previously applied to the customary land the provision of

affirmation and recognition of rights.

Article 24 states that for the verification of land rights arising from the conversion of

old rights is evidenced by written evidence, statements of witnesses or statements concerned

by the Ajaminasi Committee in the systematic registration of the land or by the head of the

8 I Gusti Nyoman Guntur, Op Cit, p. 170. 9 Interview with Drs. Sapriadi, Head of Legal Affairs Section of Land Affairs Office of West Lombok Regency,

February 19, 2018, West Lombok. 10 Ibid, p. 491.


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land office in the registration of land sporadic, shall be deemed sufficient to register the

rights, rights holders, and the rights of the other party to which it is burdened.

In the event that the written evidence of ownership of the parcel of land is incomplete or

no longer exists, the proof of ownership may be carried out with the testimony of the witness

or the relevant statement which is reasonably truthful in the opinion of the Adjudication

Committee or by the Head of the Land Office. The meaning of a witness is a person capable

of testifying and knowing the ownership.

In the case of the absence or absence of a complete set of provisions above, then Article

24 paragraph (2) of PP. 24 of 1997, provides a way of replacing the non-availability of proof

of ownership of the plot of land with evidence of physical tenure of the land concerned for

20 (twenty) or more consecutive years by the applicant of the registration and its

predecessors.

The provisions of Article 76 paragraph (3) of the Regulation of the Minister of Agrarian

Affairs/Head of the National Land Agency Number 3 of 1997 further stipulates the evidence

of such unavailable land ownership, as stated in Article 24 paragraph (2) PP. 24/1997. The

submitted application must be accompanied by a statement from the applicant and a

statement from the Village Head / Village Head who is usually called the Land Certificate

(SKT) and at least 2 (two) witnesses whose testimony is trustworthy, because it functions as

a local ceremonial elder and/ or residents who have long remained in the village of the

location of the land concerned and have no relation of the applicant's family to the second

degree either in vertical or horizontal kinship, which justifies what is stated by the applicant

in the above statement.

After the proof of physical control is attached to the land title application, then

inspection of the land as part of the land registration process, it will be clear that the rights

holder and the land have been registered and the right holder has a legal relationship with

the land. The proof that the right holder is entitled to his / her land is the provision of the

right of evidence as a powerful evidentiary instrument called the land title.

Thus, the proof of ownership of land rights is a process that the holder may use to

postulate, affirm, disown, or to show ownership of any property rights in a particular event

or legal act.11

2.2 Application of Principles of Publicity in Land Rights Registration in Land Office of West

Lombok Regency

Upon completion of field activities, the Adjudication Committee on systematic

registration or Committee A/Section Head of Land Rights and Land Registration in sporadic

registration shall make a tentative conclusion on the results of the data collection that has been

carried out. To get the conclusion of the committee hearing by the Committee of Adjudication /

Committee A.12

a) Session of the Committee

Prior to the announcement activity, there will be a Committee A or Adjudication session

which will be used to assess data from the research data of juridical data and measurement

data recorded in the 201 201C and field map of land and proof of land ownership/collected.

11 S. Chandra, Sertifikat Kepemilikan Hak Atas Tanah : Persyaratan Permohonan di Kantor Pertanahan, Jakarta:

Grasindo, 2005, p. 14-16. 12 Interview with Drs. Sapriadi, Head of Legal Affairs Section of Land Affairs Office of West Lombok Regency,

February 19, 2018, West Lombok.


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b) Conclusions of the Committee

The result of the hearing is a tentative conclusion regarding the name of the owner, the

status of the land, the loads on the ground and the criteria of evidence available. The

conclusion is the opinion of the Committee which is taken based on deliberation and based

on the majority vote (voting). If there are members of different opinion (or disagree) then

this should be recorded in the minutes but not recorded in the minutes. The minutes are unity

of opinion. The difference should be accompanied by the reasons.

c) Announcement

The existence of the duty of announcing the juridical data and physical data of the land as

the fulfillment of the publicity principle of the issuance of certificate is to ensure the legal

certainty for the applicant of the land rights, also provide legal protection for other legal

subjects, that is fair opportunity for the parties having the interest on the parcels of land

registered to file an objection / remedy, when they feel contradictory or violate their interests

/ rights. In practice that the authors meet in the field that, for granting rights derived from

state land is not made announcement.

The granting of rights based solely on physical data or juridical data sourced from the

applicant for the issuance of a certificate or the result of a study by the sole enforcement

agent, without prior publication of the truth of the request, is improper, let alone by simply

stating that the basis is the granting of the right of the land Countries that do not require an

announcement. Whereas the subjectivity phase of the truth of the physical and juridical data

of a petition, will find its objectivity phase when tested, ie through the announcement of

physical data and juridical data, as stipulated in Article 26 paragraph (1) PP 24/1997 jo.

Article 86 paragraph (2) Candidate No. 3/1997.13

1) Announcement Letter

The realization of announcement activities is done by making a letter of announcement

of physical data and juridical data, which in the administration of land registration is

referred to as a list of contents 201 B. This list of essentially contains among others:

a) Number, date and official announcement.

b) Announce the results of physical and juridical data collection of parcels of land

listed in the land parcels, citing the number of sheets, the names of the

administrative regions of the RT, RW, villages, sub-districts and districts and lists

of physical data and juridical data plot (list of contents 201 C), with the number

mentioned.

c) Timing of the announcement.

An announcement which is essentially an application of the principle of publicity in

land registration serves to allow those who object to the physical data and / or

juridical data of the land plot obtained from the previous activity, which is included

in the map of the land parcels and the list of fields 201 C, to file their objections or

objections and denials within 30 days for systematic land registration or 60 days for

sporadic land registration from the date of such announcement to the Adjudication

Committee/Head of Land Office. As for the PTSL the term of the announcement is

only 14 days in accordance with Article 11 of ATR/BPN Candy Number 35 of

2016 concerning Accelerated Implementation of Complete Systematic Land

Registration. If within that time period no party has filed a rebuttal and objection or

13

Decision of the State Administrative Court Number: 149 / G / 2017 / PTUN.MTR, p. 51.


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refutation is unwarranted, it will be subject to the issuance process of the certificate.

Implementation of the announcement is made after a community environment

finishes the physical data collection and juridical data. In order for the

announcement to reach the villagers, notice of an announcement can be made

through the creation of a leaflet delivered via the respective Pillars / Environment.

2) List of Physical Data and Juridical Data of Soil Field

List of physical data and juridical data of plot of land (list of contents 201 C), which is

an annex of letter of announcement consists of 8 columns, made per-block or

community environment, depending on the physical data and juridical data announced.

In these columns are listed, among others: serial number of parcel, description of

parcels such as land identification number, measurement of land area, location of land,

name and address of prospective owner, land status and description such as land use

type.

3) Maps of parcels

In systematic soil registration, announcements are made per block or community

environment, then the map of parcels is also made per-block or community

environment.

d) Disclaimer and denial

If, during the period of the announcement, there is a society filing objections to physical

data and/or juridical data announced, then the objections are recorded in the 309 as well as

the 201 list. The things to note are the names and addresses buffer/sparring; the location and

number of parcels in question; a brief description of the problem; and a brief description of

the evidence held.

In the settlement of rebuttal or denial, first the Chairman of the Adjudication

Committee/Head of the Land Office shall examine each objection or rebuttal and the

settlement by consensus.14

If deliberations of consensus are reached, a dispute settlement

report is made and recorded in the 309 as well as a list of contents 201.

Based on the minutes of the event, changes in the existing data in the 201 lists or land

parcel map or other fields are included. Whereas if the denial/denial cannot be resolved by a

deliberation then the Chairman of the Adjudication Committee/Head of the Land Office

shall notify in writing to the dispenser to resolve the matter through legal means of the

judicial institution, either the General Courts or the State Administrative Court (see Article

27 PP Number 24 Tahun 1997).

e) Enactment of Announcement (Article 28 of Government Regulation Number 24 Year 1997)

News of the event Endorsement of Physical Data Announcement and Juridical Data (DI

202) prepared per-part village. Prior to the process of preparing the minutes of the event,

research should first be conducted on:15

announcement period; whether or not rebuttal,

rebuttal or dispute; and completeness of documents to be ratified.

With the making of the Minutes of Endorsement of Physical Data Announcement and

Juridical Data means the contents of the validated documents in the form of: a list of

contents 201, the 201C list of land and land maps, and formal documents of ownership and

control of the land have been valid so procedurally can be used as a means of verifying the

rights to the parcels of land to be used as a basis for the issuance of a certificate or a

14 Interview with Subandrio, SH, Head of Section on Handling of Problems and Land Control of Land Office of

West Lombok Regency, 23 February 2018, West Lombok. 15 I Gusti Nyoman Guntur. Op Cit. p.197


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proposal for granting rights to an authorized official. In the minutes of the ceremony

described the grounds of ratification, the number of fields of land with no data filed an

objection, the number of parcels of land that have objection but can be completed and the

number of parcels of land that have not been completed until the deadline of the

announcement. The function of the intended minutes is as a basis for:

1) The bookkeeping of rights in a land book through conversion confirmation or;

2) The bookkeeping of rights in a land book through the recognition of rights or;

3) The granting of rights (new rights) to the land, if the land is a State Land.

The incomplete data available or any objections that cannot be resolved by consensus for

consensus, as referred to in Article 27 paragraph (1), is not a reason to delay the making of

newsletters by the results of the announcement of physical data and juridical data. The

endorsement referred to in paragraph (2) shall constitute the endorsement of physical data and

juridical data on the plot of land as such. Therefore the data is not always sufficient for the basis

of the bookkeeping rights.

The conclusions are about who owns the land (the subject of rights), what the status of

the land is and what the considerations are in the subsequent bookkeeping process. Alternative

considerations in such decisions are:16

a. The bookkeeping of rights through the confirmation of convergence or the recognition of

rights, without any objection from the other party, so that the issuance of the certificate can

be processed.

b. The bookkeeping of rights through the confirmation of convergence or the recognition of

rights, but in the book of land is notified there is an objection from other parties that cannot

be resolved, so the process of issuing the certificate is postponed.

c. Proposal of granting / rejecting the granting of a right to an authorized official, if it is a state

land:

1) The right to land with full written evidence, by the Adjudication Committee / Head of

the Land Office affirmed its conversion into a right (property) right on behalf of the last

rights holder, noting in the 201 list:

"Based on physical data and juridical data validated by the Minutes of Endorsement of

Physical Data and Juridical Data dated ... the right to this land is affirmed to be

Convertible into Property Right with the right holder ...... .. .... ... ... ........ Without

records / with a note of objection (not to court / being processed in court with / without

warranty guarantee) *).

2) Land ownership rights with evidence of ownership are incomplete but the statements of

witnesses or statements concerned, or evidence of ownership of the land are non-

existent but have been proven by the fact of physical tenure for 20 years, recognized as

property rights, noting in the 201 list:

"Based on physical data and juridical data authorized with the Minutes of Endorsement

of Physical Data and Juridical Data dated ... the right to this land is recognized as a

Right of Ownership with rights holder ......... ........ .... without a record / with a note of

objection (not to court / being processed in court with / without warranty guarantee) *).

16 Ibid. p.198-199


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The acts (law) of recognition of rights by such officers need not be done by issuing a

Decision of Recognition of its own Rights, meaning that having signed the list of the

meaning of the roman VI means that the decision has been made by the official.

3) In the case of state land, the Chairman of the Adjudication Committee / Head of Land

Office proposes granting or denying the granting of collective land rights to the Head of

the local Land Office or authorized official.

In systematic land registration, the head of the office is authorized to establish the

granting of Right, Right to Use and Use Rights to state land, provided that no

reexamination by Registrar A and determination of grant of rights is issued collectively

by noting on the last page of the 310, as follows:

"Based on the Regulation of the Minister of Agrarian Affairs / Head of the National

Land Agency Number 3 of 1997 dated October 1, 1997 Article 66 paragraph (2) and

pay attention to the 310 numbers ..... Date ......... list, hereby I am the Head of Land

Affairs Office of Municipality / District ......, decided:

a) Provide Ownership / Building rights/ Building rights with timeframe........ Year *)

to Mr. ....... etc. over the fields of land that have NIB as listed in the 310 number

field. .... Date........... Serial number ....... s / d............

b) Ownership / Use Rights / Use Rights *) as referred to in number 1 shall come into

force since such rights are registered in the land books.

c) Each recipient shall be required to pay the administrative fee and Landrefom

implementation fee of Rp.

The choice of alternatives is done by circling (number in front) the appropriate element

and crossing out all the words of the unsuitable number. But it can also be a choice of two, for

example selected number 1, but because there are objections processed in court that has not been

decided, then the choice number 3 should also be selected and filled the appropriate sentence

Number selected with a circled sign then initialed.

From the results of research at the Land Office of West Lombok, currently the West

Lombok Land Office handles 4 (four) disputes and 6 (six) cases. The disputes handled are

related to the application of the certificate of 3 (three) disputes and disputes related to the

certificate issued by the West Lombok Land Office which is indicated by overlapping. While

cases handled related to the lawsuit against the certificate issued as many as 5 cases, and the

lawsuit against the Head of Land Office of West Lombok regency.

If viewed from the existence of the dispute or case filed by the community indicates that

the application of the principle of specialization and publicity in the registration of land rights in

the Land Office of West Lombok regency has not been fully run in accordance with Government

Regulation No. 24/1997 and Government Regulation No. 3/1997.

Based on the theory of Legal Certainty that is used, the Theory of Legal Certainty John

Austin explains that: Empirical (empirical study of law), the existence of the rule of law needs to

be consistent and consistent implementation by human resources supporters. Therefore the

function of law in society is to recognize, feel and able to explore the feeling of justice of the

people.17

17

Moh. Koesnoe, “Perkembangan Hukum Adat Setelah Perang Dunia II Dalam Rangka Pembaruan Hukum

Nasional”, Lecture at the Symposium on Legal History, organized by the National Legal Development Board,

Jakarta, 1975, p. 17.


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The important legal certainty is the rule and the rules are implemented as specified.

Whether the regulation should be fair and has the utility for the community is beyond the

priority of legal certainty. Thus legal certainty as value always shifts the values of justice and

usability aside.18

The above understanding that is associated with legal certainty of land ownership

presumably can be used as a basis for starting point. A consistent and applicable rule means that

the provisions concerning the registration of land to be legally and definitively extent and

boundaries so as to have legal certainty. Government apparatus in this case the Land Office

(BPN) applies the rule of law that applies consistently and adheres to the rule of law.19

It is clear that the purpose and purpose of the government to register the land or to

register the right to land is to ensure the legal certainty regarding the matter of a plot of land that

is in the framework of proof if there is a dispute and or in order to open the matter of the land.

Herein lays the relationship between the principle of publicity and the principle of specialization

in the implementation of a land registration or registration of land rights in Indonesia.

Registration of land rights which gives birth to a land title certificate is one of many

kinds of property rights. Therefore, the government in this case the Land Office is obliged to

constitutionally and juridical to run the land registration service.

The legal certainty is the legal certainty of land ownership with the status of land

ownership. In order to obtain legal certainty must be registered so that later can be used as a

proof of ownership of the field of land is strong. That in order to provide a legal certainty of the

object on the land, it must meet the technical rules of cadastral and juridical rules, in which way

and the data acquisition procedure of the size of the plot meets the principle of contradiction of

delimitation and the principle of publicity.

IV. CONCLUSION

4.1 Conclusion

Based on the results of the above research and discussion, the author can draw the

following conclusion that the application of the principle of specialization and publicity in the

registration of land rights in the Land Office of West Lombok Regency has not been fully

implemented in accordance with Government Regulation No. 24/1997 and Permen No. 3/1997,

this can be seen from the dispute and land affairs both resolved through mediation at the Land

Office of West Lombok and the lawsuit filed by the people of West Lombok to the District Court

as well as to the State Administrative Court.

4.2 Recommendation

1. Increase the number of facilities or facilities, especially the educated and skilled measuring

officers, adequate measuring equipment, and sufficient funds for better operational services.

2. Increasing the place of announcement of physical data and juridical data of land plot to be

registered so that the community can easily know about the announcement.

REFERENCES

Andria Sutedi. 2007. Peralihan Hak Atas Tanah dan Pendaftaranya. Sinar Grafika. Jakarta.

Ankala Hagib. 2014. Penerapan Asas Publisitas dalam Pelaksanaan Pendaftaran Tanah di

Kantor Pertanahan Kabupaten Kepahiang. Thesis. Bengkulu University.

18 S.W. Sumardjono Maria, “Kepastian Hukum dan Perlindungan Hukum dalam Pendaftaran Tanah” 1997. p.13. 19 Ibid. p. 45.


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Boedi Harsono. 2007. Hukum Agraria Indonesia Sejarah Pembentukan Undang–Undang Pokok

Agraria, Isi dan Pelaksanaannya. Djambatan, Jakarta.

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Pembaruan Hukum Nasional”. Lecture at the Symposium on Legal History,

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