Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Legal Status of Land Deed Officers in Land Registration for Preventing Land Disputes in Indonesia

Author(s): Darwin Ginting

land registration involves several different institutions, among others, land deed officers (PPATs), Kelurahan/Desa (Village) Office, and Agrarian Office, each holding different role in accordance with their own duties and functions. Based on statistic data, land disputes have been consistently increasing year by year, both in number and in quality, being more and more complex. According to earlier research results, there were some causes of land disputes, one of which being inaccuracy of PPATs in conducting their duties. Thus, the problem roots and their solution have to be sought, in order for PPATs can contribute to land registration processes from initial stage to final stage, till the issuance of land certificate, which gives a legal certainty to the objects, subject, and status of land titles, as well as protection to land owners. In the end, it would bring about comformity, peace, and welfare to Indonesia’s people, the majority of which own only tiny lands. To investigate the research problem, an analysis widely used in law science was carried out, supported by relevant references, doctrines, and documents. From the research result it could be concluded that the legal status of PPAT was born from the development of state concept, mainly welfare state, where the duty of government, besides from keeping state security, is to actively support societal development process and society economy in a bit to achieve welfare. PPAT agency, being a part of welfare state, has to play an active role in driving the accomplishment of the main national goal, i.e., welfare in a broad sense. As a measure of enhancing PPAT role in preventing land disputes, its products should be of good quality and defendable, juridically and morally. To the end, some measures are required, among others: given the heavy responsibility imposed to PPAT and agrarian office, it needs to strengthen PPAT and land registration agencies by a law-level legislation, thus securing legal certainty. In doing their duties and functions, PPATs have to firmly uphold good governance pronciples; the position of PPAT agency should be consistently outside government control so that it can be neutral in performing its profession, given that PPAT products are at the initial stage of a land registration process. It is time for the government to implement a positive publication system in land registration. PPATs should successfully improve their quality, dedication, and loyalty in performing their functions and duties and be consistently neutral, proportional, and professional, and keep up with the developments in science and technology in doing their professional duties. As a response to the implementation of the positive publication system that grants an absolute certificate force, an insurance facility for PPAT products and government product land certificate, in this case the national agrarian office, has to be provided.

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